County's argument involving Metro Plan Section III-C Environmental Resources Element, the <br />Hearings Official found that the policies are neither relevant nor applicable approval criteria (page <br />8). Therefore, the proposal satisfies all of the Willamette Greenway approval criteria. <br />Summary of Appellants' Argument <br />The Appellants argue that explicit evidence demonstrating compliance with Metro Plan Section <br />III-D, Policy D.5 is not provided. Therefore, without evidence demonstrating the opposite, they <br />believe the proposed 35-foot height of portions of the proposal are incompatible with the <br />natural, scenic, and environmental qualities of the Willamette River. <br />Planning Commission's Determination <br />The Planning Commission finds that the Hearings Official did not err in determining that existing <br />R-2 zoning permits multi-family residential development and that the 35-foot building height <br />proposed by the applicant is not incompatible with the natural, scenic, and environmental <br />qualities of the Willamette River. <br />Based on the available information in the record, the Planning Commission finds that the <br />Hearings Official did not err with respect to this appeal issue. <br />Appeal Issue #5: The Hearings Official misconstrued applicable law and made inadequate <br />findings not based on substantial evidence with regard to the density calculations for the <br />subject development. <br />Hearings Official's Decision <br />EC 9.2751 states: <br />(1) Density <br />(a) <br />(b) For purposes of this section, 'net density' is the number of dwelling units <br />per acre of land in actual residential use and reserved for the exclusive <br />use of the residents in the development, such as common open space or <br />recreation facilities. <br />(c) For the purposes of calculating net density: <br />(1) The acreage of land considered part of the residential use shall <br />exclude public and private streets and alleys, public parks, and <br />other public facilities. <br />EC 9.0500 defines "street": <br />An improved or unimproved public or private way, other than an alley, that is created to <br />provide ingress or egress for vehicular traffic to one or more lots or parcels, excluding a <br />private way that is created to provide ingress or egress to land in conjunction with the <br />use of land for forestry, mining, or agricultural purposes. A 'street' includes the land <br />between right-of-way lines within the ingress/egress easement areas serving multiple <br />residential lots but excluding flagpole' portions of flag lots. <br />Final Order: Lombard Apartments (WG 18-3 / SR 18-3 / ARA 18-8) Page 7 <br />