When private open space for park and recreation purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by future residents of the subdivision, such areas shall be credited up to twenty five percent (25%) against the requirement of a dedication of park and recreation purposes set forth in section 9.51.020 of this chapter or the payment of fees set forth in section 9.51.030 of this chapter, provided the parks, recreation and cultural commission finds that it is in the public interest to do so, and that the following standards are met:
A. That yards, court areas, setbacks and other open areas required to be maintained by the zoning, land use district, and building regulations shall not be included in the computation of such private open space; and
B. That the private ownership and maintenance of the private open space is adequately provided for by written agreement; and
C. That the use of the private open space is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract; and
D. That the proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land; and
E. That facilities proposed for the open space are in substantial accordance with the provisions of the city's general plan and parks master plan and are approved by the parks, recreation, and cultural commission; and
F. That the private recreational facilities include one or more of the following active recreational elements: 1) open spaces dedicated to active recreational pursuits such as soccer, golf, baseball, softball and football; 2) basketball courts, tennis courts, badminton courts, shuffleboard courts or other similar hard surfaced areas and volleyball courts, especially designed and exclusively used for court games; and 3) recreational swimming pools and other swimming areas. The town may consider acceptance of passive open space, based upon preservation of the natural environment, topography, creation of usable passive open space reflective of the desert environment, consistent with the adopted general plan. (Ord. 254, 12-16-2014)