“The applicant also provides a calculation on sheet A1 of the May 11, 2018 <br />application materials. The calculation identifies the entire site area as being 3.59 <br />acres, subtracts the .21 acres to be dedicated for Lombard Street, and concludes <br />that 94 units is the maximum density considering 28 units per net acre is <br />allowed.” Staff Report 22. <br /> Opponents argue that the applicant and the City improperly calculated the amount of <br />acreage to be subtracted from the 3.59 total acreage of the property. EC 9.2751 sets forth the rules <br />for calculating net density: <br />“(1) Density <br />“* * * * * <br />“(b) For purposes of this section, ‘net density’ is the number of <br />dwelling units per acre of land in actual residential use and <br />reserved for the exclusive use of the residents in the development, <br />such as common open space or recreation facilities. <br />“(c) For the purposes of calculating net density: <br />“* * * * * <br />“(1) The acreage of land considered part of the residential use <br />shall exclude public and private streets and alleys, public <br />parks and other public facilities.” <br /> The applicant only subtracted the area proposed for the extension of Lombard Street – <br />which is .21 acres. Opponents argue the applicant should also have subtracted the areas proposed <br />for access from River Road – in essence all of the paved area – as well as the leasing office and <br />maintenance building, and the open space proposed for the eastern portion of the property. <br /> Initially, opponents argue that the access from River Road and internal paved circulation <br />are streets and therefore must be subtracted for purposes of calculating net density. EC 9.0500 <br />defines “street” as: <br />“An improved or unimproved public or private way, other than an alley, that is <br />created to provide ingress or egress for vehicular traffic to one or more lots or <br />parcels, excluding a private way that is created to provide ingress or egress to <br />land in conjunction with the use of land for forestry, mining, or agricultural <br />purposes. A ‘street’ includes the land between right-of-way lines within the <br />ingress/egress easement areas serving multiple residential lots but excluding <br />‘flagpole’ portions of flag lots.” <br />Hearings Official Decision (WG 18-3/SR 18-3/ARA 18-8) 14 <br /> <br />