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• APPLICABILITY <br /> 1. Open Space Developments shall be a permitted use in the R1a and Al <br /> zoning districts. Those developments that do not meet the minimum <br /> requirements for open space development may be allowed as a <br /> conditional use. <br /> 2. Open Space Developments shall comply with the following minimum <br /> standards: <br /> a) A minimum land area for open space development is 20 acres. <br /> b) A minimum of fifty (50%) percent of total buildable land area for <br /> development shall be dedicated to open space consisting of <br /> natural habitat, neighborhood recreation, and/or pedestrian <br /> corridor open space to preserve the visual dominance of nature <br /> over the housing. <br /> 3. Open space <br /> a) Conservation Easements shall be place on all open spaces as <br /> part of an open space development. The land shall be controlled <br /> • in one or more following manners as determined at the City's <br /> sole discretion: <br /> i) Owned by an individual, homeowner's association, or <br /> other legal entity who will use the land for open space <br /> purposes as provided by permanent conservation <br /> restrictions to an acceptable Land Trust as approved by <br /> the City and; or <br /> ii) Deeded to the City of Elk River for public purposes with <br /> permanent conservation restrictions to an acceptable <br /> Land Trust as approved by the City. <br /> b) Where applicable, a homeowner's association shall be <br /> established to permanently maintain all residual open space and <br /> recreational facilities. Such homeowner's association <br /> agreements shall include the following: <br /> i) the legal description of the common lands or facilities. <br /> ii) Membership in the Association is mandatory for all <br /> • purchasers of homes in the development and their <br /> successors. <br />