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3.Refinement plan policies take priority over zoning. In a related subject, it’s clear from the DLCD <br />enforcement order on the City that the City cannot allow development that is more intensive <br />than the comprehensive plan allows, regardless of zoning criteria. Going forward this issue can <br />easily be avoided altogether simply by incorporating new plan policies into Chapter 9. <br />4.Comprehensive Plan. For clarification, the “Metro Plan” is not the “comprehensive plan.” The <br />comprehensive plan comprises a set of documents, including the Metro Plan, refinement plans <br />and others. <br />5.Plan policy hierarchy. Refinement plans are not “under the Metro Plan,” and refinement plan <br />policies are comprehensive plan policies at the same legal level as policies in the Metro Plan <br />document itself. Refinement plan policies may be narrower and/or more detailed, but they are <br />not “subordinate.” In theory, no refinement plan policy should conflict with any Metro Plan <br />policy; thus, the language that “in case of a conflict, the Metro Plan prevails” is simply to <br />establish how to deal with unintentional conflicts. That language does not in any substantive way <br />subordinate refinement plan policies. <br />6.MUPTE. The MUPTE ordinance requires a “Metro Plan” refinement plan for an area to be <br />“activated” for future MUPTE applications. The MUPTE ordinance does not require land use code <br />(other than incorporating policies into Chapter 9) before activating a new MUPTE area. <br />7.Types of refinement plans. The form of “Metro Plan” refinement plan that would cover areas in <br />multiple neighborhoods is called a “special area plan” or “special area refinement plan,” and the <br />language should be used precisely. It’s unfortunate that staff is using “area plan” for something <br />that is not a special area plan because this has been very confusing to citizens, as well as City <br />Councilors. In any case, staff documents should make every effort to avoid such confusion, <br />preferably by using another term. <br />Similarly, “neighborhood plan” or “neighborhood refinement plan” should be used only to refer <br />to the respective type of “Metro Plan” refinement plan. <br />It’s unclear whether a “neighborhood plan” could be limited to an area that is wholly within one <br />neighborhood organization’s boundaries, but is not the entire neighborhood. It would avoid any <br />confusion to use “special area plan” for this geographic scope. <br />In sum, none of the purported problems that staff claimed arose from a refinement plan process exist. <br />As history has proven, a community-driven refinement plan process can be successfully conducted for <br />far less money and much quicker than the experience with a staff-driven “area planning” process. <br />The essential differences between a community-driven refinement plan process and a staff-driven <br />“area planning” process <br />The first step in a refinement plan process is directed by a community-based Planning Team, with staff <br />and/or consultants providing a support role. Area planning is directed by staff. <br />The refinement plan process is “bottom-up” and generates a draft proposal for a refinement plan based <br />on the knowledge and active engagement of people who live and work in the affected community. <br />Fellow citizens on the Planning Team gather, validate and synthesize citizen input. Area planning is “top- <br />down” with staff establishing the framework through which input from citizens is filtered, interpreted <br />and fit into the framework by staff decisions. <br />The following table summarizes differences between a refinement plan and area plan. <br /> <br />