Black Canyon Specific Plan - Pages 1-20

_____ _____ SECTION 1 : VISION STATEMENT:

A. Vision: The primary vision of Black Canyon is the creation of a unique community combining the tradition of small towns spread throughout Idaho and amenities of urban settings by offering the best qualities of both settings in one area. In accomplishing this goal the views of Black Canyon Reservoir and the undeveloped hillsides will offer a wonderful setting and contrast to the clustered developments intended for the flatter areas bordering the reservoir and along the valleys away from the reservoir area. Development of Black Canyon is intended to provide residents with a clear sense of place as well as connection to the City of Emmett and the surrounding Gem County areas. Black Canyon's planned individual phasing plans include neighborhood commercial areas, railroad depot, golf courses and clubhouse facilities, equestrian centers, an amphitheater setting for outdoor entertainment and boat access to the reservoir, public safety facilities and community domestic water and waste water facilities. Trails will be developed to provide for pedestrian, bicycling and equestrian access.

Another principal element of the Black Canyon vision is an emphasis on protecting and enhancing the natural environment. Plans for development are based on careful analysis of the physical and ecological characteristics of the land. Design standards and guidelines will ensure that development occurs in appropriate areas and the project is compatible with the environmental systems of the area.

Most important, Black Canyon has been conceived as an integrated planned community with requisite maintenance and operating entities, established development standards and design guidelines. When people make the choice to live in Black Canyon, it will be with a vision of what the community and its surroundings will be like both now and in the future.

_____ _____ SECTION 2: GOALS, OBJECTIVES AND POLICIES:

A. Community Goals, Objectives And Policies: Black Canyon's overall goals, objectives and policies are:

1. Create a unique community with a sense of place evoked by the best of Idaho's rural areas with the amenities of an urban setting by integrating the unique character of Black Canyon into a well-planned residential and recreational community. This goal is served by the requirements of the Black Canyon Planned Community Ordinance and the development controls established in the Black Canyon Design Review Committee (DRC) in its oversight role of ensuring compliance with the Black Canyon Declaration of Covenants, Conditions and Restrictions (CCRs).

2. Incorporate and enhance the natural environmental qualities of the land, air and water quality. This goal is served by required compliance with the design criteria and site development standards adopted in the Black Canyon Ordinance in particular and Gem County Ordinances in general. In addition, it will be accomplished by development of community water and wastewater treatment systems under the strict guidelines and oversight of the Idaho Department of Environmental Quality (IDEQ).

3. Black Canyon is planned and designed to reduce reliance on the automobile and minimize and contain vehicle trips. This goal is served by the Traffic Reduction Strategy described herein. Among other things, trips will be reduced by:

a. Providing local retail stores and commercial office spaces and on-site recreation that will keep trips from going outside the project.

b. Creating pedestrian, bicycle and equestrian trail systems. .

c. Incorporating advanced technology to encourage and support telecommuting.

4. Provide for a mix of housing types and densities and commercial activities in order to provide for a strong and diverse community. This goal is accomplished by the provision for all types of residential housing from large rural lots to apartments, a variety of commercial opportunities ranging from golf-related retail, equestrian uses, boating and the amphitheater activities. The range of housing and commercial opportunities incorporates all of the lifestyle activities to be found in Gem County.

5. Major Development Elements:

a. Commercial Areas: The commercial areas will occur in two modes. There will be larger commercial development in the vicinity of the golf course developments. There may be smaller neighborhood commercial groupings within a particular phase. The commercial areas will include small-scale retails shops and restaurants, recreation facilities and other appropriate commercial and community amenities.

b. Industrial: Industrial Areas will be limited in scope and provide a unique opportunity for industrial products and services within Black Canyon. One area will incorporate the wastewater treatment facility, another the community water system. The gravel pit located within the eastern area of Black Canyon will provide on-site gravel and batch plant operations that will reduce construction impacts on the road system into and through Black Canyon associated with road construction and the various structures requiring a supply of mineral extraction products such as gravels. The utility services such as the electric and telephone facilities will also be located within industrial zones. These zones will typically be small in scope and not allow for an increase in the types of uses associated with the zone other than those intended to directly serve Black Canyon.

c. Public Services: Black Canyon will designate zones where public services such as police, fire, paramedics, schools and government facilities may be grouped where appropriate. In addition, such uses may be located in other zones because of the size and scope of Black Canyon at build-out.

d. Recreation Zones: Recreational opportunities are a key amenity in Black Canyon with an extraordinary diversity seldom found in Southwestern Idaho. The planned amenities include limited direct boating access to Black Canyon Reservoir, two golf courses, a shooting range, amphitheater, access to the Idaho Northern Railroad system, dedicated open space, parks, and an improved and unimproved trail system into the open areas within Black Canyon providing pedestrian, bicycling as well as equestrian opportunities.

e. Residential Areas: Are threaded throughout Black Canyon and placed so as to take advantage of opportunities for building in harmony with Black Canyon's topography. These residential zones are planned to offer different groupings of housing opportunities such as around the equestrian center for those more interested in that type of experience, those around the golf courses for those potential purchasers interested in that setting, to multi-housing and condominium type settings for those who prefer the limited upkeep requirements of that type of housing.

6. Cooperate with the School District to Accommodate Increased School Population. This goal is served by the donation of a school site in the community. Black Canyon will continue to work with the school district regarding location and implementation of services as each phase is developed. The increased need for services will be funded through property tax revenues generated from the increase in tax base resulting from the development of the project.

7. Recognize and Enhance Sensitive Areas: This goal is accomplished by taking into account the studies on these areas and incorporating the study's recommendations. Black Canyon has sponsored studies pertaining to historical importance of local and state interest, wetlands, sensitive (threatened or endangered) species, and general resident wildlife. In the development of the community, Black Canyon will take these studies and their recommendations into account to mitigate undue adverse impacts.

8. Provide for Open Space and Trails: This goal is accomplished by enhancement or maintenance of existing trails and development of new ones. Black Canyon has a significant amount of available open space that will either not be developed or developed slowly. This open space has existing trails and primitive roads that do not require additional improvements for access and use will continue to be open. Black Canyon will continue appropriate development of new trails or existing trails to provide for separate use (pedestrian or bicycle or equestrian only) or joint use so that the residents and visitors can enjoy the hillsides and wildlife areas surrounding the developed areas of the project. Where possible, Black Canyon will develop internal pedestrian and bicycle path systems to encourage non-motorized transportation and on-site recreation.

9. Encourage Water Conservation: Residents will be encouraged to participate in a water conservation program to reduce water requirements for residences and businesses built in Black Canyon compared with conventional development elsewhere in the Emmett and Treasure Valleys. The conservation program will include:

a. Use of advanced irrigation technology.

b. Building design requirements for low flow or low water use fixtures.

c. Educational materials provided to all business and homeowners.

10. Reasonably Accommodate the Needs of Game and Non-Game Wildlife. This goal is accomplished by following the recommendations in the Wildlife Strategy discussed below. In particular:

a. Utilize development standards and design guidelines prepared to minimize conflicts between wildlife and development through landscape design and domestic pet controls in cooperation with the Idaho Department of Fish and Game.

b. Rehabilitate overgrazed open space areas and plant new areas away from the areas to be developed to reduce the possibility of wildlife depredations and provide additional habitat..

11. Minimize negative visual impacts of new development. This goal is served by the standards in the Black Canyon Ordinance limiting height of structures, mandating sensitive site development and encouraging placement of buildings so as to reduce negative visual impacts.

12. Provide a network of public and private paths for bicycles, pedestrians and, where appropriate, equestrians, to allow ease of movement around the community and link to the existing trails in the open areas. This goal is served by the development of these types of accesses alongside or part of the roadway systems phase by phase. In addition, as illustrated on the Open Space and Trails Map, trails may be developed or existing trails enhanced as part of each phase of development depending on demand of the community for such uses.

13. Provide for a common irrigation delivery system incorporating available water rights and resources. This goal is served by development of an irrigation delivery system as required by Section 31-3805 Idaho Code and the Black Canyon Ordinance .

14. Ensure that the community has all essential public services and mechanisms in place to maintain and operate such systems. This goal is served by the planned community domestic water, wastewater treatment, irrigation delivery, roadway, public services and utilities requirements imposed and incorporated in the Specific Plan and Black Canyon Ordinance as part of the approval process for the community.

15. Establish project, site and building design guidelines that will minimize the threat and assist in the control of wildfires. This goal is served by the Wildfire Strategy discussed under Central Design Concepts below.

16. Provide sites for public safety services. This goal is served by the land dedication to the fire district that will include space for police and paramedic services.

17. Create parks and recreational facilities. This goal is served by the dedicated open space and trails shown throughout the community, recreational zones providing for various recreational opportunities such as equestrian centers, golf course and practice facilities, reservoir access and railroad facilities.

18. Establish Respective Associations for the Management of Black Canyon. Black Canyon will, through the CCRs, establish one or more community associations with appropriate responsibilities for maintenance, management and governance of Black Canyon as well as the operating entities for the community domestic water, wastewater treatment and irrigation facilities. This goal is served by the creation of the Design Review Committee under the Black Canyon CCRs and the requirements for operating entities of the Idaho Department of Environmental Quality.

19. Prevent or Reduce Water Runoff from New Construction and Development. This goal is served through close attention to irrigation and drainage planning for each phase.

20. Ensure a high quality development in keeping with the vision of Black Canyon community. This goal is served through compliance with the improvement standards set forth in the Black Canyon Planned Community Ordinance, as well as any deviations therefrom approved by the DRC.

B. Achievement of Goals: Each of the goals listed above is an important consideration and is addressed herein, the Black Canyon Planned Community Ordinance or the Black Canyon Covenants, Conditions and Restrictions (CCRs). These documents will ensure the vision of Black Canyon Partners for the area is realized.

. SECTION 3: GENERAL LAND USE PATTERNS ON-SITE AND IN VICINITY.

A. General Land Use Patterns On-Site: The Black Canyon property is currently utilized for agricultural operations. The areas that are flat or have slight slope have generally been planted in hay, grain, or pasture. The areas of more extreme slope are grazed as well as provide limited wildlife habitat.

B. Land Use Patterns Within One Mile: Existing land use patterns within one (1) mile of the Black Canyon property include commercial, residential and agricultural holdings as well as public lands. Specific uses include dry land grazing, both irrigated and non-irrigated agriculture, rural residential (homes on parcels ranging from four thousand (4,000) square feet in a subdivision near the northwest corner of the property, to forty (40) acres, the Black Canyon Reservoir to the north, a federally developed irrigation storage reservoir that provides recreational opportunities to local residents as well as those from out of the area, open lands and a gravel pit owned by Black Canyon Partners, L.L.C. (Black Canyon Partners)

C. Potential Impact to Surrounding Uses: Because of its location over the hill through Black Canyon itself, and its considerable elevation and natural terrain, the impact on surrounding properties will be minimal. The major impact will be on the roadway system by increasing traffic. The impact of the development on ground or surface water will be minimized by providing community systems under the strict requirements of the Idaho Department of Environmental Quality and the Idaho Department of Water Resources. The development will foster use of Black Canyon Reservoir by making boating related services available in a location that presently has nothing to serve the public.

SECTION 4: NATURAL FEATURES ANALYSIS

A. Location: The Black Canyon property consists of approximately 3,200 acres located south of Black Canyon Reservoir in Gem County. The property is located within Sections 25, 26, 35, and 36, T7N, R1W and Sections 19, 20, 29, 30, 31, and 32 T7N, R1E. The project site is situated approximately 5-miles northwest of the historic Pearl mining district.

B. Topography and Climate: The topography of the site consists of low hills along the south shoreline of the reservoir transitioning to steeper sloped terrain and mountains to the south. Elevations range from approximately 2,520 feet to 3,200 feet above mean sea level. Average annual rainfall is 12.4 inches with an average annual snowfall of 17.2 inches for the Emmett, Idaho area. The average annual daily maximum temperature is 66 degrees F ° and average annual daily temperature is 37 degrees F ° .

C. Watershed Areas and Natural Stream Drainages: The Black Canyon property contains portions of three main drainages, Spring Gulch, Anderson Creek and Johnson Creek. An additional unmanned ephemeral stream is located in the SE Quarter of Section 25, T7N, R1W. Spring Gulch drains the hills near the western boundary of the property. The stream flows intermittently during non-summer months to the north and discharges to the reservoir. Anderson Creek flows through the central portion of the property and discharges into Black Canyon Reservoir. The headwaters extend south into the Pearl mining district and the watershed contains approximately 3,800 acres. The Black Canyon property contains the lower and middle portions of the watershed. Johnson Creek located to the east crosses the Black Canyon property in an isolated location in the SE Quarter of Section 29, T7N, R1E. The watersheds show a mature dendritic stream pattern with first and second order stream systems.

D. Vegetation: Vegetation on low slope lands along the Shale Rock Road corridor consist of irrigated crop land in wheat and barley with cattle grazing and feed lots. Native plant communities consist of big brush sage, gray rabbit brush, and bunchgrass species. Upper elevation ranges sites include Wyoming big sagebrush, bitterbrush, and squirreltail. Stands of white willow and cottonwood tress are found in stream drainages (Bionomics, 2003). The Wetland Reconnaissance Report (Bionomics, 2003) and subsequent wetland delineation reports identified five wetland areas along Anderson Creek and unnamed streams along Shale Rock Road.

E. Soils: Black Canyon property soils have been mapped primarily as the Lickskillet-Bakeoven association by the USDA Soil Conservation Service as part of the Gem County Soil Survey. More than fifteen different soil map units exist in the area on slopes ranging from 0 to 60 degrees. Lickskillet stony loam is found primarily western portion of the property overlying basalt bedrock at depths at one to two feet. The southern central and eastern areas are dominated by Payette coarse sandy loam that has formed from alluvium of granitic rock origin. Newell clay loam, Van Dusen loam, and Harp loam soils form in alluvial fan and stream deposits in the lower portion of drainages.

F. Geology: The geology of the area is complex. In general, shallow Quaternary alluvium occupies each drainage system at the surface. The surrounding hills primarily consist of Miocene basalt flows of the Columbia River Basalt Group and overlying lake and stream sediments of the Idaho Group. Columbia River basalt with interbedded sediments of the Payette Formation and Cretaceous granitic rocks of the Idaho Batholith are found at depth. In July of 2004, Black Canyon Partners drilled three of five exploratory wells to determine groundwater resources available for municipal production. Results from these exploration borings show the lower portion of Anderson Creek drainage consists of shallow Quaternary alluvium followed by shale and siltstone units of the Idaho Formation and basalt flows of Columbia River Basalt Group. The upper Anderson Creek watershed stratigraphy contains Columbia River Basalt flows and coarse-grained sand and gravel sediments of possibly the Payette Formation. Lacustrine sediments appear absent in the upper portions of the drainage.

G. Groundwater Production: Historically, wells along the Shale Rock Road corridor have shown limited groundwater production. Existing wells located in lower sections of Spring Gulch and Anderson Creek show production rates ranging from 20 to 145 gallons per minut (gpm). Well depths range 175 to 440 feet and are completed in shallow alluvial sediments, basalt, shale, and siltstone units. Results from test well no. 3 located in the upper portion of Anderson Creek drainage show extensive sand units at depth, which may yield production rates in excess of 300 gpm.

H. Potential Impacts to Groundwater by Black Canyon Development: Based on evaluation of current information, Black Canyon is not expected to adversely effect the quality of groundwater either presently used or potentially to be used for domestic drinking water. Final locations of groundwater production (wells) have not been selected, but are anticipated to be in the upper portions of Anderson Creek drainage. State and federal regulations pertaining to public drinking water system require detailed evaluation of groundwater quantity (sufficient to serve the system and all its users), quality including testing of water in each proposed source for nutrients and pathogens as well as existing and potential contamination sources prior to approval and certification of the system for use. Once certified for use, the domestic water system must comply with the same regulatory oversight that the municipal system owned and operated by the City of Emmett. Given the Black Canyon remote location and geology, it does not appear to pose adverse impacts to the groundwater supply currently used by surrounding properties.

____ _____ SECTION 5: DENSITY AND INTENSITY OF PROPOSED LAND USES

A. Overall Density and Intensity of Proposed Land Uses: The overall projected acreage per type of use is illustrated below. It should be noted that approximately forty (40%) of the entire project is open space and recreational in nature.

_____ SECTION 6: ANTICIPATED POPULATION AT COMPLETION.

A. Overall Density: Black Canyon anticipates one thousand five hundred (1,500) residential dwellings for an overall density of approximately two and 15/100ths (2.15) per acre. The potential population is estimated at three thousand seven hundred fifty persons (3,750) at buildout of the project and is based on an estimate of two and one half (2.5) persons per household. B ecause a significant number of the residences will be designed for those without families, empty nesters, retired persons, the population is more likely two (2) persons per household .

B. Density Based Improvements: To ensure the adequacy of services, all public infrastructure and utilities, including sewer, water, roads, and power are based upon the projection of two and one half (2.5) persons per household so as to accommodate any actual demographic differences that may occur.

C. Population per Phase: Black Canyon is a phased project and the estimated population per phase is as follows:

Phase Year Number of Lots Total Population Total

Per Phase Lots Per Phase Population

Due to the overall size of the planned community, the phases may be constructed in smaller sub-phases on a yearly basis. Ultimately phasing will depend upon the market, and actual growth patterns. Phase One includes development of the western golf course, amphitheater, train depot, reservoir access, residential and commercial areas as well as required roadways, sewer and water systems. Placement and development of additional utilities such as telephone, cable and electricity will be based upon actual development rates, and locations. Preliminary engineering reports have been written for water, sewer, and roads which detail the construction benchmarks which will be required as development progresses.

SECTION 7: POPULATION AND DEVELOPMENT TRENDS:

A. Current Population and Development Trends: The Emmett Valley is becoming an increasingly attractive place to live and its population is growing. The primary goal of Black Canyon is to accommodate and enhance the location and development for this growth with a forward looking approach based solidly in the existing framework while offering consolidation of services and enhancement of recreational opportunities near Black Canyon Reservoir. This approach, Black Canyon believes, will increase the land values and attractiveness of the Emmett Valley while preserving its character.

1. Location Outside of City Impact Area: Black Canyon's location is outside the City's impact area in a unique location that has no present city services but a potential for recreational opportunities not to be found in either the city limits or the City impact area.

2. Amenities: Planned community developments create attractive amenity-based developments that are desirable because they help control sprawl and ensure that municipal improvements will be installed to serve the entire development. These strategies reduce the development pressures on services and relieve tax burdens of the existing population. This analysis is supported by the Greenfield Development Without Sprawl: The Role of Planned Communities by Jim Heid, published by the Urban Land Institute

3. Tax Base: Because of the wide variety of uses planned for Black Canyon, including commercial, industrial, recreational and residential, the tax base will be increased. Currently the great majority of Gem County residents work in Ada and Canyon County. This development will increase the tax base as well as job opportunities through these newly created additional uses.

4. Tourism: Tourism is an emerging personal service and product-based economic base for Gem County. The proposed golf, equestrian, railroad access, boating and shooting range amenities will encourage tourism, thus increasing the amount of money spent in the currently existing business areas as well as provide new opportunities.

5. Growth Directions in The City of Emmett: A considerable amount of the area adjacent to the current city limits is in the process of development or planning. The Black Canyon area provides a unique opportunity to allow expansion that might not otherwise have taken place, but for a large, well-funded planned community development approach. Because of its elevation and other site constraints, the Black Canyon area has not been considered for the expenditure of public funds for roads or utility services. The developers of Black Canyon will be constructing the entire infrastructure to bring this area to municipal standards.

6. Black Canyon is Designed to be Part of Emmett's Community: Black Canyon is not intended to be a completely separate development, standing apart from the community of Emmett. Because the main access to and from Black Canyon will be through or nearly through the city of Emmett, the residents of the community will use the businesses of Emmett for most of their commercial needs and take advantage of the other community resources such as soccer clubs, movie theaters, grocery shopping and restaurants. Conversely, the residents of Emmett will be able to take advantage of the amenities of Black Canyon such as the equestrian centers, amphitheater, railroad access, the golf courses, restaurants and retail stores at Black Canyon.

B. Planned Housing and Community Diversity: There will be a wide range of housing types and prices, from rural lots of up to forty (40) acres to condominium or town homes with little upkeep. Black Canyon will offer a wide diversity of housing and lifestyle opportunities whether the residents are first-time buyers, families moving to larger homes or lots as well as those wanting to down-size their living requirements to enjoy more recreation opportunities such as boating, golfing, hiking or horsebackriding.

____ _____ SECTION 8: PUBLIC SERVICES AND UTILITIES PLAN

A Public Services: Black Canyon will provide on-site public services and utilities including a community domestic water system, community wastewater treatment system, pressurized irrigation system, paved public roadways, electric, telephone and cable services. There will be approximately thirty-one (31) acres of land dedicated to public service facilities including emergency services and an elementary school site as the need arises. The development of these services in each phase is discussed below. The master facilities associated with these services, other than emergency and the school, are developed during Phase I and are illustrated on the Phase 1 Utility Master Plan Map.

1. Community Wastewater Treatment (Sewer) System: The majority of the commercial and residential properties will be served by a community wastewater collection and treatment system based on pressurized subsurface treatment technology and land application. On lots larger than two and one-half (2.5) acres, individual septic systems will be used. SWHD may allow septic systems on smaller lots, but these lots will have to be approved individually by that agency. The individual septic systems will be the responsibility of the property owner.

The community system will have two components, the treatment facility and associated water storage area and the collection lines. The main treatment facility and water storage area will be constructed during the development of Phase One although located outside this phase. Their location is illustrated on the Utility Master Plan Map. The area on which they are constructed will be platted as part of Phase Three, and, together with the gravel pit, will be zoned industrial. The collection system will be extended incrementally per phase as roads are built and lots developed as illustrated in the first Phasing Plan. The system must comply with the requirements of IDEQ and SWDH for both construction and operation. Phase One improvements include:

a. Wastewater treatment facility improvements including the processing system (currently assumed to be a membrane bioreactor type system) and associated building, control system and interconnection with the sewage collection system;

b. T he sewage collection system; that will include gravity feed and pressurized lines, one (1) or more lift stations and associated manholes, connections and cleanouts; and,

c. Treated water holding ponds.

2. Domestic Water System: The proposed domestic water system includes two (2) categories of improvements: supply/ storage and distribution. The main supply and storage system components, e.g., wells and at least one (1) storage reservoir will be constructed as part of Phase One and are generally illustrated on the Utility Master Plan Map. The water distribution system will include water for domestic use as well as water for fire protection. As noted above, the majority of the main domestic water facilities will be developed as part of Phase One. These facilities will be extended incrementally per Phase. Development and operation of the domestic water system is under the jurisdiction of the Idaho Department of Environmental Quality (IDEQ) and Southwest District Health Department (SWHD). Phase One improvements include:

a. At least one (1) main domestic water well, with a redundant system as required by the Idaho Department of Environmental Quality, well and pump housing, equipment and control systems;

b. One (1) or more water reservoirs for storage with associated equipment and control system coordinated with the well control system;

c. Water mains, hydrants and fittings for structure connections as well as fire services.

3. Emergency Services:

a. Fire Suppression: The area is currently served by both Gem County Fire District #1 and Gem County Fire District #2. Black Canyon will seek annexation of all the property into one or the other district. However, the Districts have a joint response agreement that will allow either or both Districts to respond to requests for emergency services.

b. Land Dedication For Emergency Services: Black Canyon will dedicate at least a two (2) acre parcel of land for emergency services to include fire, sheriff and paramedics. The emergency services area will be partially developed during Phase One, although the specific location is actually in what will be designated either Phase Two or Three, it will be centrally located with direct access onto Shale Rock Road as requested by the Fire Districts. The Fire Commissioners of both Districts indicated to Black Canyon that between two (2) and three (3) acres would be sufficient to accommodate all services.

4. Pressurized Irrigation System: Black Canyon will utilize its existing ground and surface water rights in developing the pressurized irrigation system. In addition, the system will utilize the treated water from the wastewater treatment plant in the golf course areas, thereby reducing demand for additional supplies from groundwater. If these current supplies are not adequate, Black Canyon will explore obtaining additional water supplies. However, it appears that the combined system will provide sufficient irrigation water for the development. Any new water diversion, whether surface or groundwater, would have to be approved by the Idaho Department of Water Resources.

5. Schools: There may be a long term impact on school facilities, teachers and school related services by Black Canyon's development. It is unlikely that Phase One will result in any significant impact according to the School District. Subsequent phases may have incrementally greater impact depending on school age populations. Black Canyon will donate a fifteen (15) acre site for development of an elementary school in the Anderson Creek area, as part of Phase Three or Four, depending on the resulting school population. This donation will be accomplished in cooperation with the School District. This parcel appears to be adequate considering the projected student population discussed below under Essential Public Services. Additional land may be purchased by the District if the need arises. As noted in the Economic Impact Analysis, the tax revenues generated by Black Canyon are projected to not only fund all impacts from the community, but to provide other tax revenue benefits to the community exceeding the funding requirements resulting from its development.

B. Storm Drainage and Flood Control Systems: All storm water will be retained on-site and developed in each Phase in accordance with the City of Emmett Storm Water Management Design Manual. Storm water will be handled in the rural road sections by barrow pit or swale drainage. In the developed areas, storm water retention and detention ponds will prevent untreated off-site drainage and will be reflected on the Specific Phasing Plan for each phase. There are some floodway areas associated with Anderson Creek drainage. Anderson Creek has been heavily grazed in the riparian areas. These will be rehabilitated as part of the development of Phase Four and natural flood control mechanisms such as pool and drop features will be constructed to allow a more natural streamflow system. This will reduce the possibility of unusual stream events causing flooding and damage. Development in such areas will comply with the Federal Emergency Management Act (FEMA) requirements regarding development and structure placement.

C. Utilities: The utilities to be provided to the project include cable (Charters Cable), electricity (Idaho Power Company), and telephone (Qwest or Citizens Communication). These utilities will require construction of infrastructure including sub-station improvements for electric power, facility siting for telephone switching and underground cable. There is no natural gas available in the area, but Black Canyon is exploring the possibility of a central propane system with Amerigas.

1. Cable: Service in the area is provided by Charters Cable. Charters has been offered the opportunity to place service lines underground in joint utility trenches to provide television and telecommunications services throughout the community.

2. Electric Service: An electric power substation will be constructed on the south side of Shale Rock Road at the western edge of Black Canyon. This substation is located outside Phase One and is illustrated on the Utilities Master Plan Map. It will be platted as part of Phase Two and zoned industrial. The various mainlines (three-phase power) and service lines will be extended into Phase One and throughout the development as each phase is developed. This extension will include joint trenching or stubbing of power to each residence as well as the other areas where a power supply is warranted.

3. Propane Gas: Natural gas service is not available in the area. Black Canyon has had tentative discussions with Amerigas regarding the provision of propane gas service based on a central propane system. No agreement has been reached as of this time. If an agreement is reached with Amerigas, the plumbing design would allow conversion to natural gas when Intermountain Gas Company extends service into the area.

4. Telephone: Service in Phase One, Two and Three is from Qwest. There is a division of service boundaries between Qwest and Citizens Communication in the Anderson Creek Area. The question of service provision will be resolved with the two companies at the development of Phase Four. Phase One service (Qwest) requires installation of a telephone remote switching facility. This will be placed in one of the commercial areas selected in cooperation with Qwest. Service lines will be placed underground to provide telephone, cable and telecommunications services during road construction, including stubbing to individual residences or other areas where telephone services are warranted. Fiberoptic cable is already within the Shale Rock Road right-of-way and provides advanced telecommunications services.

____ _____ SECTION 9: CIRCULATION PLAN:

A. Overall Objectives: The design of the vehicular and pedestrian circulation system at Black Canyon will meet the safety and functional intent of the American Association of State Highway and Traffic Officials (AASHTO) design standards while not compromising the aesthetic, environmental, and community building goals of the project. The circulation hierarchy and typical cross sections that follow strive to strike a balance between these two (2) requirements. The main objectives of the Black Canyon circulation system include:

1. Provide a functionally efficient, safe, balanced, network of vehicular, bicycle and pedestrian facilities.

2. Maintain the project's rural character by using rural cross sections wherever possible.

3. Minimize disturbance of existing soils and vegetation.

4. Minimize runoff and associated erosion.

5. Use grassed swales wherever possible to disperse storm water, allow for maximum percolation and remove runoff pollutants.

6. Provide on-street parking throughout the Commercial areas as appropriate.

7. Design street cross sections to a level that provides relative ease of vehicular movement, while also affording reduced speeds.

8. Accommodate "through" bicycle traffic on-street and "recreational" bicycle traffic both on street and on shared pedestrian/bicycle paths separated from roadways.

9. Allow sidewalks and shared pedestrian/bicycle paths to meander in pedestrian easements outside the road right of way for maximum design flexibility.

10. Accommodate site-specific constraints, including local roads at gradients not to exceed ten percent (10%) and collectors at gradients not to exceed seven percent (7%).

B. Rural Road Sections: Rural road section designs will be utilized to the greatest extent possible in cooperation with and based on approval by the Gem County Road and Bridge Department. While these sections will not have curbs, gutters or sidewalks, they will have a parallel path system that will accommodate bicycles and pedestrians thereby reducing vehicular trips and improving both the safety and alternate transportation options in the community.

C. Road Standards: The specific road design for a particular phase will be designed and reflected on the preliminary plat and construction plans for that phase, as is illustrated in the Preliminary Plat submittal for Phase One. The actual road sections will be developed in each Phase in consultation with the Gem County Road and Bridge Department and in accordance with the AASHTO standards with the exception that collectors may have slope gradients not exceeding seven percent (7%) and all other roads may have slope gradients not exceeding ten percent (10%). The various types of road and road sections are illustrated in the diagrams. The diagrams are intended for illustration purposes only.

1. Rural Sections: Rural road sections will be the primary road design through the Community, e.g. Shale Rock Road. In addition, they will be used where appropriate, such as in the areas of the community where there are acreage to rural lots and storm drainage improvements are best placed within grassy swales along the road sections. These sections include:

. a. Rural Collector: The typical section includes a sixty (60) foot right of way with two (2) 12-foot travel lanes, two (2) 3-6 foot stabilized shoulders, and two (2) 6-8 foot maximum width grass swales. A single 5-10 foot pedestrian/bicycle path may be placed in a pedestrian easement generally parallel to the right of way but not always contiguous to the right of way depending on the site constraints for the roadway, e.g., narrow sections may not allow for the pedestrian/bicycle path along portions of Shale Rock Road.

b. Rural Collector – With Turn Lane: For rural collectors where turn lanes are needed a twelve (12) foot center turn lane will be added as necessary to accommodate turning movement into project roadways. The section will also include travel lanes of twelve (12) feet. Otherwise the section will remain the same as the typical rural collector.

c. Rural Residential: Rural residential streets will be utilized in the Rural Zone and are a likelihood in Phase Two where the residential lots will be mainly large or acreage lots. The typical section includes a fifty (50) foot right of way with two (2) 11-foot travel lanes, two (2) 3-foot stabilized shoulders, and two (2) six to eight (6-8) foot width grass swales. A single eight (8) foot shared pedestrian/bicycle/equestrian path may be placed in an easement on either side where appropriate in a particular phase.

2. Typical Subdivision Roadways: These road sections will be utilized where the Phase is developed more along standard subdivision design standards with smaller lots, or in the commercial areas. The typical road sections are illustrated below:

Improved road section with bicycle lane and sidewalks (Shalerock Road – Urban)

Boulevard Section

Standard Cul-de-sac

Borrow Pit road Section (Frozen Dog Road)

Local Road Section

Loop Road Section

Borrow Pit Road Section (Shalerock Road – Rural)

Small Local Road Section (Boat Dock Road)

3. Trail Sections: When trails are improved in a particular phase, consideration will be for the actual terrain in which the proposed trail improvements are intended. This will include topography, access points from developed areas as well as interconnectivity with other areas. Where appropriate for development, improvements will be made after consideration of all factors. Equestrian, hiking and mountain bike type trails will have significantly less improvements because of the more intensive uses that will occur. The typical trail section is illustrated below.

_____ _____ SECTION 10: DEDICATED OPEN SPACE PLAN

The Dedicated Open Space, Recreation and Trails Map illustrates the areas within Black Canyon that will provide the unique recreational opportunities that form the central theme of Black Canyon as a place to live, work and play. An intermixing of passive and active recreational uses is planned throughout the community. As noted in the Density and Intensity of Uses matrix, approximately forty percent (40%) of the community is within either a recreation zone or dedicated open space.

A. Black Canyon Reservoir: Black Canyon Reservoir provides both active and passive opportunities through boating access, picnicking and walking along the shore as well as simply being able to see the water from elevated residential areas

B. Equestrian Centers: The designated Recreational Zones include two equestrian center areas. One will be in Phase Two, which itself is intended to provide a variety of lot sizes consistent with the equestrian theme. In addition to the centers, equestrian type trails will be available throughout the open space areas, based on existing primitive two-track roads and trails. The equestrian centers will provide active recreational opportunities, while the trail systems will allow more passive uses.

C. Golf Courses: The recreational zone near Black Canyon Reservoir includes two planned golf courses that will provide significant active recreation.

D. Open Space: In addition to the dedicated open space along the higher elevations within the community, there are three significant areas of state and federal land. The existing primitive roads and trails offer access into these areas and provide additional opportunity to explore the open space available within the exterior boundaries of the community. These public lands are not included in the calculation of recreation and open space noted in the Density and Intensity of Uses matrix.

E. Parks: At least one park is planned for the community. It is located in Phase One. In addition to the passive and active uses in the park, an amphitheater and trails are planned for future development as the community builds out..

F. Pedestrian and Bicycle Pathways: Throughout the road system, where possible given site constraints, pedestrian or bicycle pathways will be provided. These pathways will either be part of the road section itself or placed within easements along the roadway system. In the local road system, these bicycle pathways may be a separately striped lane contained on the paved road section. They will be depicted in the improvement drawings for each phase.

G. Railroad Access: The railroad access planned in the depot area will allow a passive opportunity by seeing the vicinity by railcar.

_____ _____ SECTION 11: ESSENTIAL PUBLIC SERVICES AND ANTICIPATED FINANCING PLAN:

A. Planned Community Phasing: The Planned Community District regulations recognize that a planned community may or will be developed in phases. Each phase of development is to include sufficient essential public services to serve the anticipated population of that phase and to provide for integration of such services into the planned community. In addition, Black Canyon is to illustrate the financial assurances that the project will develop as planned. The market analysis and phasing plan support these elements.

B. Phasing Schedule: For convenience in reference, the estimated phasing schedule is as follows:

As noted above, market conditions may either shorten or lengthen the projected phasing schedule. Obviously, the County and the developers wish to proceed in a financially responsible manner with regard to all phases. Therefore, whenever a final plat is recorded for a phase, the projected phasing schedule will be updated regarding subsequent phases based on current market demand.

C. Mitigation Of Adverse Economic Impacts: No negative economic impacts beyond the normally expected incremental impacts of development were identified for any of the phases. Please see discussion below in Paragraph E regarding mitigation of impacts on emergency services and schools based on increased tax base and set-aside of properties for location of such services.

D. First Phasing Plan: Completion of the first Phasing Plan is dependent on approval of the Black Canyon Ordinance and preliminary plat, as well as timing to develop construction drawings and commence infrastructure improvements. These improvements would be typical of any development with timing or delays based on agency responsiveness, weather and unexpected or seasonal delays such as irrigation season restrictions.

The first Phasing Plan includes one hundred ninety (190) residential lots on four hundred eighty one (481) acres; an eighteen (18) hole golf course on one hundred ninety-eight (198) acres; twelve (12) acres for commercial development; twenty and one half (20.5) acres of public recreation areas including a park; and, a six (6) acre site for a public safety facility for police, fire and emergency services. The residential lots include a mix of lots ranging from regular to patio or town homes.

This Phase includes both residential and commercial properties and the largest recreational amenities for the project – the western eighteen (18) hole golf course that is one of the gems of this development setting. The CCRs will ensure that high quality and high value residential units are constructed supporting the tax base of the county and the public services necessary to serve the development such as emergency services, schools and other public infrastructure. As discussed below, this Phase will also include the potable and wastewater treatment systems and applicable improvements to Shale Rock Road. The individual components of the infrastructure are discussed below.

NEXT: Black Canyon Specific Pages 21-41