Attachment B <br />not a public facility in that it is not open to the general public (for those traveling on Oakleigh <br />Lane), but only to provide emergency vehicle access to the development. Eugene Water and <br />Electric Board (EWEB) staff has indicated that an off-site easement is needed to provide a <br />looped water system prior to development of the subject property, but has not indicated that <br />any easements are needed through the subject property. <br />Based on the above findings, the PUD complies with EC 9.8320(11). <br />Opponent Arguments <br />The neighbors make two fundamental arguments. First, that the common house contains four <br />hotel type rooms and should be counted as four dwellings. PT-2. Second, that areas that will <br />be encumbered by a utility easement must be removed from the calculation of net density. PT- <br />1. The easements the neighbors say must be taken out of the calculations are: <br />• The 20 foot sanitary sewer easement on the east property line. <br />• The EWEB water line easement and an associated access road width. <br />• The fire and garbage turnaround. <br />• The right-of-way to be dedicated to the city along the north property line. <br />• Pending property line adjustment must be removed. <br />• The bike path right-of-way along the north property line. <br />Based on the exclusions asserted by the opponents, the proposed co-housing development is <br />not entitled to 29 dwelling units. <br />Hearings Official Conclusions <br />The Hearings Official generally concurs with Staff's findings for EC 9.8320(11)(a) and <br />adopts those findings by this reference consistent with the findings set forth below. <br />EC 9.2751 sets forth the rules for calculating "net density." EC 9.2751(1)(b) explains <br />what must be considered a "dwelling unit" for the purpose of those calculations: <br />For the purposes of this section "net density" is the number of dwelling <br />units per acre of land in actual residential use and reserved for the <br />exclusive use of the residents in the development, such as common space <br />or recreation facilities. <br />The Hearings Official concurs with Staff's treatment of the common house as one dwelling unit. <br />The common house appears to include kitchen facilities, bathroom and four rooms that can be <br />utilized for guests. There is no indication in the record that the four rooms will be permanently <br />occupied by residents or guests. The common house closely fits the definitions applicable to <br />dwellings in EC 9.0500. The common house does not meet the definition of "hotel/motel" as <br />Hearings Official Decision (PDT 13-1, WG 13-1) 34 <br />