Attachment B <br />defined in EC 9.0500. The Hearings Official concludes that Staff's decision to count the <br />common house as one dwelling is consistent with EC 9.2751. <br />EC 9.2751(1)(c) sets forth areas that must.be excluded from the net density calculation. Those <br />exclusions include, "public and private streets and alleys, public parks, and other public <br />facilities." The neighbors assert that easements that might accommodate public facilities like <br />water and sewer lines must be excluded. The applicant argues that easements are not the <br />same as "public facilities" and are not required to be excluded. <br />The Hearings Official agrees with the applicant. EC 9.2751(1)(c)(1) uses the specific language <br />"public facilities." The provision does not include the word "easements." If the provision was <br />intended to exclude easements it would so state. Adding that concept to the provision would <br />violate ORS 174.010. Public facilities are not defined in EC 9.0500. However, "public facility <br />projects" are defined in the Metro Plan. Those definitions contemplate above ground physical <br />structures such as water reservoirs, pump stations, and drainage or detention ponds. The <br />Hearings Official has not been directed to information in the record that would necessitate <br />removing the land area associated with easements where the infrastructure that utilizes the <br />easement is below ground. Therefore, none of the easements identified by the opponents <br />must be excluded from the net density calculation - including the sewer easement on the <br />eastern boundary. <br />Similarly, the garbage and emergency turn around does not become a public facility simply <br />because it might be used by public entities periodically. Those areas do not reasonably fall into <br />the category of "public facilities." <br />As to the areas that the neighbors argue should be excluded due to pending property line <br />adjustments, it appears that the area along the northern property line has already been <br />excluded due to the required dedications. It is unclear whether the property line adjustment <br />on the southeast corner was taken into account. However, even if that area is excluded (2706 <br />square feet) with the addition back of the land Staff removed for the sewer line easement <br />(3230 square feet) the proposed density of 29 units still meets the density restrictions for the <br />low density residential zone. <br />(b) EC 9.6500 through EC 9.6505 Public Improvement Standards. <br />EC 9.6500 Easements <br />The Staff report found, and the Hearings Official agrees that this section authorizes the City to <br />require dedication of easements for wastewater sewers and other public utilities and access <br />under certain circumstances. This section also prohibits obstructions within public easements. <br />The applicant's survey and engineering plans indicate that there are no existing or proposed <br />easements, other than the 20-foot wide public sewer easement that overlaps the east <br />boundary of the subject property and an underground 72-inch wastewater trunk line. The <br />Hearings Official Decision (PDT 13-1, WG 13-1) 35 <br />