LUBA 076/077 VOL 2 of 2 - Laserfiche WebLink

Attachment 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 B. The;-City's Decision' We understand Neighbors to argue that the city improperly construed EC 9.2751(1)(b) and EC 9.2751(1)(c)(1) by including acreage that is encumbered by easements for sewer and water lines in calculating the net density of the development.6 ORS 197:835(9)(a)(D). According to Neighbors, the-ease ments are "other public facilities" that EC 9.275 1 (1)(c)(1) requires be excluded from the acreage that is considered part of the residential use, and are also not "reserved for the exclusive use of the residents in the development" and for that reason should not be included in the acreage of land considered part of the residential use. The staff'report calculated the net density of the proposed PUD by taking the total square feet included in 2.3 acres (102,808), and subtracting (1) the square footage of the right of way dedications being required (4,024) and (2) the square footage of the- area encumbered by the sewer easement along the east property line (3,230), to conclude that the property contains 95,554 square feet of net area and an allowable density of 30 units per.acre. Record 1007-08. The hearings officer disagreed with the staff s exclusion of the sewer 18 easement area from the acreage of land considered part of the residential use, 19 and concluded that areas encumbered by easements are not "other public 20 facilities" that must be excluded from the calculation of net. density within the 21 meaning of EC 9.2751(1)(c)(1): 6 As far as we can tell,.Meadows agreed to grant an easement to the Eugene Water and Electric Board (EWEB) for construction of a water line on the property, but that easement had not been granted at the time the decision was rendered. Page 12 1 U CIS PC Agenda - Page 118 6-02