"residentially designated land within the urban growth boundary" and that land is <br />"suitable and available" unless it is subject to Goal 15); ORS 197.295(1) ("`Buildable <br />lands' means lands in urban and urbanizable areas that are suitable, available and <br />necessary for residential uses"). Here, the land at issue is buildable land and residential <br />land, and the mere fact that it is residential land does not otherwise immunize it from <br />Goal 15 and local implementing provisions. As noted by the City Attorney below, there <br />is no indication that the legislature intended to change this [that the application was not <br />entitled to clear and objective standards] when it passed a revised version of ORS <br />197.307(4) that does not include the reference to `buildable land.' The reference to <br />buildable land was redundant because all residentially designated land is huildahle land, <br />which does not make any concessions to the needed housing statute. See OAR 660-008- <br />0005(2). <br />The Hearings Official also misconstrued applicable law, under ORS 174.020(2), in <br />finding that "ORS 197.307(4) has the more narrow, particular intent - housing <br />development - while Goal 15 applies to all development in the geenway." The opposite, <br />however, is true, as noted by the City Attorney: Goal 15 and ORS 390.314 speak to a <br />particular concern - preservation of the Willamette River Greenway - while ORS <br />197.307(4) applies to all lands and housing in the state. Most concerning is the Hearings <br />Official's conclusion, pursuant to ORS 174.010, that "[i]t is possible to give effect to all <br />provisions by not applying the non-clear and objective standards of EC 9.8815 to needed <br />housing developments but still imposing such requirements on future non-residential <br />development." This hole in the Greenway provisions, proposed by the Hearings Official, <br />is wide enough to place a 94-unit multi-family apartment complex in it, which does not <br />give effect to Goal 15 or ORS 390.314. <br />Appellants incorporate by reference all arguments related to the applicability of <br />the Willamette River Greenway, including ORS, OAR, and local code provisions, raised <br />before the Hearings Official as if set forth here. <br />The Hearings Official misconstrued applicable law and made inadequate findings not <br />based on substantial evidence with regard to the density calculations for the subject <br />development <br />The Hearings Official misconstrued EC 9.2751. Specifically, EC 9.2751(1) sets <br />forth the clear and objective process for determining density of the proposed <br />development. "Net Density" is defined as "the number of dwelling units per acre of land <br />in actual residential use and reserved for the exclusive use of the residents in the <br />development, such as common open space or recreation facilities." EC 9.2751(1)(b). <br />Moreover, "[t]he acreage of land considered part of the residential use shall exclude <br />public and private streets and alleys, public parks and other public facilities." EC <br />9.2751(1)(c)(1). These provisions are clear and objective. <br />3 <br />