In the R-2 zone, the maximum allowed net density is 28 dwelling units per acre. EC Table <br />9.2750. The area of the development site is 3.59 acres. According to the applicant's site plan, <br />dated May 9, 2018, specifically sheet Al, the area of the footprint of the leasing office is 1,819 <br />square feet (0.042 acres). <br />EC 9.0500 defines "net density": <br />The number of dwelling units per each acre of land in residential use, excluding from the <br />acreage dedicated streets, neighborhood parks, sidewalks, and other public facilities. <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 per <br />acre of land in actual residential use and reserved for the exclusive use of <br />the residents in the development, such as common open space or recreation <br />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 other <br />public facilities. <br />(2) In calculating the minimum net density required for a specific lot or <br />development site, the planning director shall round down to the <br />previous whole number. <br />(3) In calculating the maximum net density allowed for a specific lot or <br />development site the planning director shall round up to the next <br />whole number only for: <br />a. A lot or development site that is 13,500 square feet or more in <br />area; <br />b. A lot or development site that is not abutting the boundary of, or <br />directly across an alley from land zoned R-1; and <br />c. Fractions of. 75 or above. <br />In all other circumstances, the planning director shall round down to <br />the previous whole number. <br />EC 2.751 provides that only "land in actual residential use and reserved for the exclusive use of <br />the residents in the development" shall be included in the net density calculation. Public and <br />private streets and alleys and land not "in actual residential use and reserved for the exclusive <br />use of the residents of the development" must be excluded from the net density calculation. <br />The Court of Appeals determined that the area of the proposed leasing office is not land "in <br />actual residential use and reserved for the exclusive use of the residents of the development." <br />Consequently, both the 0.21-acre area to be dedicated for the extension of Lombard Street and <br />the 1,819 square foot (0.042 acre) area of the leasing office must be excluded from the net <br />density calculation. To determine net density, the remaining 3.338 acres of the development <br />Revised Final Order: Lombard Apartments (WG 18-3 / SR 18-3 / ARA 18-8) Page 2 <br />