Item 2: Ordinances on Minor Code Amendments (MiCAP Remand)

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C.Metro Plan Impervious Surface Policy 1 2Metro Plan Policy G.17 provides that the city should “[i]nclude measures in local 3land development regulations that minimize the amount of impervious surface in new 12 4development[.]” 5Petitioner contends that because residential development in the areas affected by 6Ordinance 20418 will have to be accommodated in shorter buildings in some cases and will 7have to provide more parking it is logical to assume there will be more impervious surface 8and Ordinance 20418 therefore violates Metro Plan Policy G.17. 9As was the case with petitioner’s reading of Metro Plan Policy A.14, petitioner 10misreads Metro Plan Policy G.17 to require something that it does not require. Metro Plan 11Policy G.17 does not prohibit any amendment of the EC that might lead to individual 12development that includes more impervious surfaces. Metro Plan Policy G.17 requires the 13city to include measures in its land use regulations that will minimize impervious surfaces; it 14is not a blanket ban on land use regulation amendments that might, in particular cases, lead to 15more impervious surfaces. 16Where a land use regulation amendment would inevitably lead to increased 17impervious surfaces, it is possible that we would require that the city adopt findings to 18explain why such an amendment is consistent with Metro Plan Policy G.17. However, 19petitioner’s assumption that the theoretically taller buildings with fewer parking spaces that 20were possible under the EC before Ordinance 20418 would inevitably result in less 21impervious surface and that the shorter buildings with more parking that will likely result 12 Both petitioner and the city state that this policy is Metro Plan Policy G.18. According to the Metro Plan that is available on the city’s website, which we assume is the current and applicable version of the Metro Plan, the impervious surface policy appears at Metro Plan Policy G.17 and the full text of that policy is as follows: “Include measures in local land development regulations that minimize the amount of impervious surface in new development in a manner that reduces stormwater pollution, reduces the negative effects from increases in runoff, and is compatible with Metro Plan policies.” Page 23