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minimized through use of landscaping or other features. <br /> v. Protect archaeological sites and existing historic buildings or incorporate them <br /> through adaptive reuse. <br /> F. The Planning Commission may require landscaping around the cluster to reduce off- <br /> site views of residences. <br /> 4. Conservation Parcel Design Standards.A conservation parcel shall be designated as part <br /> of the development. Each development shall contain a contiguous conservation parcel <br /> comprising 45%of the land area to be subdivided. <br /> A. The uses within the open space shall be accessible to the residents of the <br /> development. These uses may also be available to the general public providing the <br /> proper approvals are received. The required conservation parcel shall be undivided <br /> and restricted in perpetuity from future development. <br /> B. The following areas or structures may be located within the open space area and <br /> shall be counted toward the overall open space percentage required: <br /> L parking areas for access to and use of the open space developed at a scale <br /> limited to the potential users of the open space. <br /> ii. privately-held buildings or structures provided they are accessory to the use of <br /> the open space. <br /> iii. Shared septic systems and shared potable water systems. <br /> C. Road rights of way shall not be counted towards the required minimum open space. <br /> D. No more than 50% of the required conservation parcel size may consist of water <br /> bodies,flood plain,or wetlands. <br /> E. Any portion of the conservation parcel designed to provide plant and animal habitat <br /> shall be kept as intact as possible, and enhanced or restored as appropriate. Trails <br /> and roads shall be designed to avoid fragmenting these habitat areas. <br /> F. Accessible open space in the upland portion of the conservation parcel may be made <br /> available for recreational uses such as trails, play fields, or community gardens, but <br /> shall be designed and located so as to avoid impacts on sensitive natural and <br /> cultural resources. <br /> G. Where appropriate, a pathway system connecting open space areas to neighborhood <br /> residents and connecting these areas to neighborhood streets and to planned or <br /> developed trails on adjacent parcels shall be required and identified in the <br /> development plan. <br /> 5. Ownership and Maintenance of Common Facilities.The designated common open space <br /> and common facilities may be owned and managed by one or a combination of the <br /> following described in this Subdivision. The City may require any one,or a combination of <br /> the following, to ensure the long-term maintenance of the conservation parcel and any <br /> common facilities. <br /> A. Homeowner's Association. A homeowners association shall be established if the <br /> common open space is proposed to be owned by a homeowners association. <br /> Membership in the association is mandatory for all purchasers of homes in the <br /> development and their successors. The homeowners' association bylaws, <br /> guaranteeing continuing maintenance of the open space and other common <br /> facilities, and the declaration of covenants, conditions and restrictions of the <br /> homeowners association shall be submitted for approval as part of the information <br /> required for the preliminary plat. The homeowners' association bylaws or the <br /> declaration of covenants, conditions, and restrictions of the homeowners association <br /> shall contain the following information: <br /> L The legal description of the common land; <br /> ii. A description of common facilities; <br /> iii. The restrictions placed upon the use and enjoyment of the lands or facilities; <br /> iv. Persons or entities entitled to enforce the restrictions; <br /> February 2008 Staff Report Page 15 <br />