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I questions about the procedures for repealing the old refinement plan and for adopting a less <br />2 prescriptive replacement plan. Regarding whether the PROS Plan needed to be adopted as a <br />3 refinement to the Metro Plan, the City Attorney's December 6, 2005, memorandum to the Mayor <br />4 and City Council stated: <br />5 As explained at the November 28, 2005, Council work session, in order <br />to repeal the 1989 Plan, the City needed to follow the EC Chapter 9 Type V land <br />6 use process, the same process required for refinement plan adoption. The guiding <br />reason behind the City's decision to adopt the PROS Comprehensive Plan as a <br />7 refinement plan is the fact that it replaces the 1989 Plan, which was adopted as <br />a refinement plan. Based on our review of state law and the Metro Plan, we <br />8 conclude that, as the law exists today, the City's local parks plan need not be <br />adopted as a refinement to the Metro Plan. <br />9 <br />The City could repeal the 1989 Plan and then adopt the PROS <br />10 Comprehensive Plan as a standalone document, that is, not as a refinement to the <br />Metro Plan. Due to the aspirational nature of the PROS Comprehensive Plan, <br />11 adopting the Plan as something other than a refinement to the Metro Plan does <br />not have any foreseeable consequences. The PROS Comprehensive Plan does <br />12 not contain any legal requirements on land division applicants. <br />13 Regarding the strategies contained in the PROS Comprehensive Plan, the <br />strategies are aspirational and not binding on anyone but the City. To the extent <br />14 any of the strategies implicate private development, City staff have determined <br />that the strategies, like many of the 1989 Plan policies, are already covered by <br />15 existing Chapter 9 code provisions. Thus, even though the strategies in the <br />PROS Comprehensive Plan have no independent legal weight on anyone but the <br />16 City, such an absence of legal weight will not impact the current land use <br />regulations applicable to applicants as those regulations relate to the City's park <br />17 and open space system. (Rec. 326). <br />18 The memorandum explained that, even if the City did not adopt the PROS Plan as a refinement <br />19 to the Metro Plan, because the PROS Plan will serve as part of the City's parks and recreation <br />20 plan under Goal 8, the City needed to adopt the PROS Plan in accordance with the City's land <br />21 use decision adoption process (i.e., the City's Type V land use adoption process). (Rec. 326- <br />22 327). <br />23 At the January 18, 2006, work session the City Council addressed whether or not it <br />24 wanted to adopt the PROS Plan as a refinement to the Metro Plan. (Rec. 1073- 1077). The City <br />25 Council voted 6 to 2 to split the proposed ordinance into two documents: "1) an ordinance that <br />26 /// <br />Page - BRIEF OF RESPONDENT <br />