Black Canyon Specific Plan - Pages 21-41

1. Domestic Water System: The proposed domestic water system includes two (2) categories of improvements: supply/ storage and distribution. The water distribution system will include water for domestic use as well as water for fire protection. These facilities will be extended incrementally per Phase commencing with the improvements for Phase One.

a. Phase One Improvements: Phase One improvements include the following:

. (1) Two (2) domestic water wells, (main well and a redundant system as required by the Idaho Department of Environmental Quality), well and pump housing, equipment and control systems;

(2) One (1) water reservoir for storage with associated equipment and control system coordinated with the well control system;

(3) Water mains, hydrants and fittings for structure connections as well as fire services.

b. Operation and Maintenance: Black Canyon plans to create a private corporation qualified to act as a municipal provider per Idaho Code. If necessary, an additional professional entity, acceptable to the IDEQ and SWDH will be under contract with the corporation to operate and maintain the wastewater system. An alternative possibility is the formation of a sewer district with similar appropriate professional management.

c. Improvement Costs per Phase: The projected approximate costs of these domestic water system components are estimated to be (millions of dollars):

c. Mechanism For Initiating And Maintaining Each Phase: The first Phasing Plan illustrates design of a domestic water system sufficient to provide service for that Phase as well as the major domestic water system components to serve all phases at build-out of the project. Black Canyon projects that this Phase will generate more than sufficient revenue to maintain the system as well as provide for future capital improvements required after full build-out through water user fees.

d. Fees: Costs of Phase One construction will be reimbursed through costs passed through to purchasers based on an estimate of the cost to construct the entire system. Fees for service, based on metering of water usage will sustain the operation and maintenance of the system. Fees will be set to cover operating costs and fund depreciation, and capital improvements or repairs without adverse financial impact to the County. No estimate is yet available as to the amount of the fees because they can be set only after final costs for the system at build-out are determined. It is likely that such fees would be similar to current connection and service fees for service in the City of Emmett.

2. Pressurized Irrigation Water System: The Black Canyon property has a mixture of ground and surface water rights that will be utilized for the proposed irrigation system. If these supplies are not fully adequate for all phases, additional water rights will be applied for. The proposed irrigation water system includes two (2) categories of improvements: supply and distribution. The main system components, e.g., will be constructed as part of the first Phase. The irrigation water distribution system will be extended incrementally per Phase commencing with the improvements for Phase One.

a. Phase One Improvements: Phase One improvements include the following: irrigation main lines, pump station facility with control system and associated equipment and fittings;

b. Improvement Costs per Phase: The projected approximate costs of these irrigation water system components are estimated to be (millions of dollars):

c. Mechanism For Initiating And Maintaining Each Phase: The first Phasing Plan illustrates design of a pressurized irrigation water system sufficient to provide service for that Phase as well as the system components to serve all phases at build-out of the project. Black Canyon projects that this Phase will generate more than sufficient revenue to maintain the system as well as provide for future capital improvements required after full build-out through water user fees. As noted above for the domestic water system, fees can be estimated only after final design, construction and operation costs are established.

3. Landscaping: The Phase One Landscape Plan includes a variety of landscape features including entry landscaping, phase or use entries such as residential, commercial or golf course entries, landscaping along the road system, and park areas.

a. Phasing Landscape Plans: Landscape Plans will be submitted as part of each Phasing Plan. The common areas will be landscaped at the developers' expense. Individual lot owners, including commercial and the golf course facilities will be responsible for providing the required landscaping at their expense. The specific landscape requirements will be listed in the CCRs. All landscaping must comply with the Gem County Landscape Ordinance. Where the CCRs are more strict than the Landscape Ordinance, the CCRs will control. Landscape and recreational features will be developed in phases along with the other infrastructure components. The features developed in each phase are created to assure the marketability of the project.

b. Common Area Landscape Maintenance: Maintenance of the common areas throughout Black Canyon such as the landscaping along Shale Rock Road as well as the interior roads will be provided by the respective associations. The interior landscaping in commercial areas will be maintained by a commercial business association. The improvements would be held in common ownership and maintenance would be funded by respective association fees. Phasing the landscaping allows for the increase in funds due to new association members and therefore resources to maintain the landscape as well as potentially fund additional landscaping in subsequent phases.

c. Phase One: The projected cost of landscaping for Phase One is approximately eight hundred thousand dollars ($800,000) and includes all the common area landscape areas excluding the golf course. This would include rough and fine grading, seeding, irrigation, some grass-sod areas, shrubs, as well as trees including shade, conifer and flowering trees.

. d. Mechanism For Initiating And Maintaining Each Phase: Funding for Phase One will be provided by Black Canyon. On-going maintenance and capital improvements will be funded through home or business owner association assessments.

4. Open Space and Trails: The topography of the project with its rolling hills and significant areas that cannot be developed because of slope will provide open areas that will not need maintenance at the expense of Black Canyon or the public. Other areas, such as the trails would be developed incrementally during each phase to provide low maintenance access where feasible. A significant number of trails already exist through the project. These existing trails would form the basis of the trail system as they naturally occur in areas that appear to be easy to maintain. Additional trails may be developed after as part of one or more phases depending on use and demand. Maintenance of the entire trail system would be funded through the community association fees. In addition, there are a number of special use clubs such as equestrian or mountain bike groups that may be willing to provide volunteer maintenance as part of their use of the trail system, such as occurs with the Boise Front Trails projects. No projected costs have been made at this time for the additional trails. There would be only maintenance cost on the existing trails. These costs have not been estimated. At this time, user fees are not anticipated. However, if maintenance and improvement become an issue because of public use, then such a fee system may be imposed in the future.

5. Roads: Phasing Plans for each phase will include sufficient improvements to serve that Phase. The entire roadway system will be dedicated to the public as part of each Phasing Plan. The improvements will be constructed in consultation with the Gem County Road and Bridge Department and in accordance with AASHTO design standards except for maximum gradients for local and collector roads. These gradients are respectively ten percent (10%) for local roads and seven percent (7%) for collector roads.

a. Phase One Road Improvements: Phase One improvements consist of the internal roads in that Phase as well as improvements to that portion of Frozen Dog Road from the Black Canyon Canal to Picket Corral Subdivision and Shale Rock Road from the Picket Corral Subdivision to the east boundary of Phase One. Gravel roads will be constructed from the east boundary of Phase One to the wastewater treatment facility and the gravel pit. Gravel roads will be constructed to the domestic water well sites and reservoirs. The final construction of these roadways will be done as they are incorporated into the respective phase.

b. Improvement Costs per Phase: The projected costs of these roadway improvements are estimated to be (in millions of dollars):

c. Mechanism For Initiating And Maintaining Each Phase: The first Phasing Plan illustrates design of a roadway system sufficient to provide service to and through that Phase. Black Canyon projects that this Phase will generate more than sufficient tax revenues to maintain the new roads, constructed at the developers' expense and then dedicated to the public for maintenance. At least a portion of the design and construction costs would be passed through to the purchasers of lots or facilities in the community through the purchase price of the lot or facility.

d. Cost and Impact Mitigation Through On-Site Gravel Operations: Black Canyon Partners has applied for a special use permit to operate a gravel pit located on the Black Canyon Property. Under the proposed ordinance, this area would be zoned industrial and the operation of a gravel pit and associated batch plant operations would be a permitted use. This gravel pit offers significant cost-savings to the project as well as significantly reduces the potential burden on the new road system. Instead of transporting road materials along the Gem County road system, the bulk of the raw materials will be produced on site at the gravel pit, mixed with a temporary batch plant facility and transported to the respective phases within the project for road construction rather than being brought on site. There will be sales of the gravel products to outside users, but little if any material imported for construction purposes. In addition, the increased tax base will result in sufficient property taxes to offset any increase required for on-going operation and maintenance by the Road and Bridge Department.

6. Utilities: The utilities to be provided to the project include telephone (Qwest or Citizens Communication), electricity (Idaho Power Company), cable (Charters Cable). Fiberoptic cable is already within the Shale Rock Road right-of-way. Black Canyon has had tentative discussions with Amerigas regarding the provision of propane gas service. No agreement has been reached as of this time. These utilities will require construction of infrastructure including sub-station improvements for electric power, facility siting for gas service if agreement is reached with Amerigas and underground cable.

a. Phase One Improvements include the construction of the following facilities or equipment:

(1) Electric substation;

(2) Telephone remote switching facility (underground);

(3) Trenching and laying conduit or piping for telephone, three-phase electric power and cable service lines.

b. Improvement Costs per Phase: The projected approximate costs of these utility systems components are estimated to be (millions of dollars):

c. Mechanism For Initiating And Maintaining Each Phase: The first Phasing Plan includes the design and construction of the major components of the utility facilities at Black Canyon's sole expense with the exception of the telephone system improvements – remote switch. At this time, Qwest has indicated that it has funding available to install the remote switching system at its expense. Although Black Canyon Partners is responsible for construction and equipment costs for all other services, such facilities shall belong to the respective utilities and be maintained by them.

The projected construction costs are a function of tariffs for the respective utility approved by the Idaho Public Utilities Commission and generally referred to as line extension costs. The initial costs are typically paid by developers with incremental recovery through lot sales and future connections by off-site customers. Black Canyon Partners will enter into cost reimbursement agreements with the utility companies, where available, to recoup costs for the facility extensions. It is projected that a significant amount of the funds that must be expended in the first Phase will be recouped by the final phase through lot costs or reimbursement fees from late connections off site. Black Canyon projects that the project, through user fees, will generate more than sufficient revenue to maintain or improve any of the utility systems as well as provide for future capital improvements required after full build-out. The recoupment of these costs and expenses are part of the public utility system tariff regulations.

7. Wastewater Treatment (Sewer) System: Wastewater treatment will be accomplished by a community wastewater collection and treatment system based on pressurized subsurface treatment technology. On lots larger than two and one-half (2.5) acres, individual septic systems may be used. Southwest District Health 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 as part of Phase One. 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 SDHW for both construction and operation and maintenance as discussed below.

a. Operation and Maintenance: A qualified professional entity, acceptable to DEQ and SWDH will be under contract with the community association to operate and maintain the wastewater treatment system. An alternative possibility is the formation of a sewer district with appropriate professional management. Another component is the land application of the treated water and winter storage for treated water that will be retained on site pending land application. Treated solids will be removed from the system as required and land applied in permitted locations under special permits from DEQ.

b. Phase One improvements include the following:

. (1) 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;

. (2) 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,

(3) Treated water holding ponds.

d. Improvement Costs per Phase: The projected approximate costs of the wastewater treatment system components are estimated to be (millions of dollars):

c. Mechanism For Initiating And Maintaining Each Phase: Fees for wastewater service, based on metering of water usage will sustain the operation and maintenance of the system. Fees will be set to cover operating costs and fund depreciation, and capital improvements or repairs without any financial impact to the County.

d. Fees: Costs of Phase One construction will be reimbursed through costs passed through to purchasers based on an estimate of the cost to construct the entire system. Fees for service, based on metering of water usage will sustain the operation and maintenance of the system. Fees will be set to cover operating costs and fund depreciation, and capital improvements or repairs without adverse financial impact to the County. No estimate is yet available as to the amount of the fees because they can be set only after final costs for the system at build-out are determined. It is likely that such fees would be similar to current connection and service fees for service in the City of Emmett.

E. Other Potentially Affected Public Services: All the public services noted above are being developed and constructed at the sole cost of Black Canyon. There will be no impact on either the City of Emmett or Gem County from the development of these services. There may be some impact on two other services: emergency services and schools. The following details steps taken by Black Canyon to mitigate these effects and illustrates the benefit from the increased tax base resulting from the development of this planned community.

1. Emergency Services: There appears to be no adverse impact on the provision of police or paramedic services. Fire, police and paramedic agencies have indicated that they can serve the project. It is anticipated that these services will share part of the fire district facility discussed below.

a. Fire Suppression: The area is currently served by both Gem County Fire District #1 and Gem County Fire District #2. Black Canyon will request annexation of all the property into Gem County Fire District #1 as it has indicated that it can provide emergency services at the present time with a response time of fourteen (14) minutes with existing equipment and facilities. Gem County Fire District #2 has indicated that as it is currently constituted and funded, it cannot provide fire protection required for the development.

b. Wildfire Prevention Strategy: The reduction of the risk of wildfires reduces the cost to serve. The Wildfire Strategy discussed under Central Design Concepts outlines the steps to be taken to reduce this potential risk. This information was developed in consultation with the fire district officials and includes the use of Landscaping for Wildfire Prevention developed by the University of Idaho Cooperative Extension System.

c. Mitigation of Negative Economic Impacts – Land Donation: Upon annexation into Gem County Fire District #1 and approval of the project, Black Canyon will dedicate a six (6) acre parcel of land to the Fire District for use for emergency services to include fire, police and paramedics. It has had discussions with the Gem County Fire District #1 regarding the land donation. It appears that if the land is donated as planned, the Fire District would participate with Black Canyon for construction of a new station, including office area that could be shared with police and paramedic staff. Any station, however small, would also serve the growing population outside Black Canyon.

2. 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.

a. Mitigation of Negative Economic Impacts - Land Donation: Black Canyon will be dedicating a fifteen (15) acre site for development of an elementary school, most likely in Phase Four as this is when the projected school age population will trigger the need for an elementary school. This appears to be adequate considering the projected student population discussed below. Additional land may be purchased by the District if the need arises.

b. Population Analysis: Projecting the impact on the school district at full buildout of the project is based on the assumed percentage of use of school facilities by the students, e.g., number of and age of students per household, that can be expected to reside in Black Canyon. Statistics from the Nampa school district over a ten (10) year period generally reflect an average of half (0.5) a student per household in a comparable development, e.g., mix of similar property sizes from households expected to have school age children to those expected to have no school age children. Statistics from the Meridian School District indicate an average of approximately one (1) student per household for comparable development.

These figures take into account that some students will be younger or older than school age, some parents will homeschool, others will send their children to private schools and some residents will have no school age children residing with them at all. The basic information regarding bus requirements, school sizes and populations was provided by the Nampa and Meridian School Districts. The Emmett School District indicated that the Emmett school population would be similar to that of Nampa School District - 0.5 students per household in the Emmett District.

For every one thousand six hundred (1,600) building permits, the school districts would expect to see:

These numbers would be high for Black Canyon because the total residential units are estimated to be one thousand five hundred (1,500), many of which would have no students per household because of the larger retired population. Nonethless, assuming that every building permit was for a single family dwelling with the same student per household ratio (0.875 of Nampa's numbers) results in the following

c. Facilities: At full build out, projected at fifteen (15) years, if every dwelling unit was a single family residence, the entire Black Canyon community would account for the following percentage of the school facilities required to serve the population, assuming that the school facilities would serve the population numbers noted by the Nampa School District above per facility:

d. Estimated Financial Impacts on School District: The estimates below are based on the assumption of one half (0.5) student per household.

. (1) Bus Routes: Phase One would require two new bus routes: one (1) for elementary students and one for the combined secondary students. The costs for a bus route are:

. (2) Facility Costs: Facility costs include both raw land and the necessary improvements for each type of school facility. These are:

Facility Costs

(3) Operation and Maintenance: Operation and maintenance (O&M) payments paid from State funds are deducted from district budgets where high property taxes are available because the shared funds generated from tax revenues is sufficient to meet district equalization requirements. For example a rich school district such as McCall or Ketchum/Sun Valley generates millions in property tax revenues, therefore the amount of O&M money from the state is significantly reduced so that all districts receive an equal amount of O&M funding. It is not clear how this factor will affect District funding after full development of Black Canyon. Emmett estimates its O&M costs at approximately six hundred dollars ($600). This is significantly lower than the Nampa estimate of three thousand one hundred dollars ($3,100) per student all grades (including salaries, materials, utilities).

d. Mitigation of Impacts: At buildout, Black Canyon would have to generate sufficient property tax revenues to provide repayment of one or more bonds, over the lifetime of the bonds, to build one-half (1/2) an elementary school and pay back approximately ten percent (10%) of a combined secondary school facility, or some percentage attributable to a middle school and to a high school; e.g., seven percent (7%) for a middle school facility and four percent (4%) attributable to a high school facility:

Because Black Canyon is donating the land for the elementary school and it is not likely that the school population for combined secondary will result in a facility share above twelve percent (12%) based on the Nampa School District experience. The secondary students, at build-out will still be bused to other school facilities, while the property tax revenues from Black Canyon will serve to either retire existing bonds significantly earlier than projected at the time the bonds were passed, or fund new bond issues. As noted in the Economic Analysis, the most conservative projected annual residential property tax revenues are approximately four million, four hundred nineteen thousand eight hundred eighty-two ($ 4,419,882).

. The net effect is a significant benefit to the school district from Black Canyon, with negligible impact on the existing school facilities. With the improvements to be constructed on Frozen Dog Road during the course of development, students living outside of Black Canyon, but on the same bus route, will experience the benefit of improved roads and the increase in the financial stability of the District to serve its total student population.

F. Other Capital Facility Needs or Adverse Impacts: No other capital facility needs have been identified. Nor were other adverse impacts from development of Black Canyon were identified other than a shortfall to the County in the first year after residences are sold, because of the lag in recognizing increases in assessed valuation. However, according to the service providers, services will be provided at adequate levels within the revenues available in that year.

G. Financial Assurances: Black Canyon Partners' financial institution is Idaho Independent Bank. Black Canyon Partners has had extensive discussions with the Bank regarding the Black Canyon Planned Community and the infrastructure requirements to bring the project to fruition. The Bank provided a letter dated June 16, 2004, a copy of which is attached, where it is the Bank's opinion that it found Black Canyon Partners, LLC to be financially responsible and completely able to see this project through to its completion. This present assurance of the financial stability of Black Canyon Partners together with the economic analysis regarding tax revenues, building permit revenues and market trends supporting its marketing and sales of the residential products offered in the Community should provide the County with confidence that this project will be developed as provided herein.

SECTION 12: CENTRAL DESIGN CONCEPTS.

A. Conceptual Guidelines: The following provisions are intended as conceptual guidelines for the development of Black Canyon. They are not specific requirements nor part of the Black Canyon Ordinance.

B. Design Review Committee: As noted above, the following guidelines illustrate the general level of design and development control which Black Canyon intends to apply to development of the residential and nonresidential parcels within the overall project. Through the Black Canyon CCRs, a Black Canyon Design Review Committee (DRC) referenced in prior sections, will be set up to review site plans, architecture and landscape designs in Black Canyon. The DRC reserves the right to modify these standards to be more restrictive or different in design character, as long as general project intent and theme is maintained. DRC responsibilities will include the review of building plans, elevations, materials, colors, fencing, signage, lighting, landscaping and parking arrangements and providing approval or modifications including conditions to be complied with prior to any permit application to Gem County.

Specific responsibilities and standards will be further defined in the CCRs, which will also serve to control design and development at Black Canyon. The DRC shall have sole authority in determining compliance with the CCRs and design guidelines. A draft copy of the CCRs is provided with the application materials.

C. Architecture: Black Canyon is not intended to be developed with one prevalent architectural style. Variety in the architecture is encouraged. An emphasis, however, will be placed on architectural styles that compliment the major theme of Black Canyon, the use of quality materials and complementary relationships between building and site design features.

The major theme of Black Canyon is that of a high elevation western setting where the prevalent architecture utilizes stone, timber and other natural materials such as is found in the newer sections of Ketchum/Sun Valley, McCall and the commercial development known as Eagle River along the Boise River and Highway 55 in Eagle. The commercial areas will have this focus. The railroad access area will be utilize the same type of materials, but generally will follow an older railroad depot style. The boating access area is adjacent to this area and will most likely have structures either similar to the depot style or with a nautical theme.

Black Canyon anticipates that residential architectural styles will naturally occur based on the particular recreational area where the residences are built. For example, in Phase Two, the major developed recreation opportunities are the equestrian center and the access to the open space and trail areas. The lots in this area are anticipated to be a mix of the acreage, large and regular lots although some condominium, town home, or patio lots may also occur. Because of the equestrian focus, most of the architectural focus may be in a ranch-type theme. In or near the golf courses, the resulting architecture will most likely be similar to that near existing Treasure Valley golf courses.

Regardless of the style that develops in a particular area, the following shall guide all development:

1. Building scale and height should relate to topography, lot sizes and setbacks. A mix of one and two (2) story units in the rural residential neighborhoods will be encouraged. Custom homes on slope sensitive lots should use hillside adaptive design techniques such as post and beam construction and daylight basements to minimize street side and rear yard facade exposure. Building heights in the town home or condominium residential neighborhoods as well as nonresidential uses may be taller but should have a massing and scale compatible where there are adjoining single family residential uses.

2. The visual bulk of hillside residential development should be reduced so structures do not stand out prominently when seen from a distance. Building form should conform to site topography, and not overshadow natural site features. Step structures with slope, and cut into hillsides should be utilized to reduce visual bulk.

3. Builders will be encouraged to minimize building height on highly visible ridge areas by avoiding multi-story houses that "skyline" on ridges and by locating residential buildings so as not to impact views near ridges.

4. A mix of housing styles and types is encouraged. Variety in elevations and materials is essential.

5. Unless constrained by site conditions, homes on rural, acreage and large lots shall have side or rear-entry garages (garage doors not directly facing the street).

6. Private exterior living spaces such as porches, decks and patios are encouraged in the design of each unit in the town home and condominium neighborhoods.

7. Roof pitch variations are preferred. No flat roofs or rock-covered roofs are permitted. Tile, concrete tile, architectural grade composition shingle or other materials approved by the DRC are permitted. Wood shake roofs are prohibited.

8. Passive solar designs, energy and water conservation measures are encouraged.

9. Building materials and color schemes blending with the natural landscape of earth tones and grassland vegetation are encouraged but not required. Any exterior materials should minimize fuel potential for wildfires. The use or incorporation of fire resistant or treated wood, stone, and/or brick on exteriors is encouraged. Material changes, fenestration changes and variations of wall and window surface planes are also encouraged. In order to avoid the appearance of a false appliqué, no material changes shall be allowed on corners or where structures abut common areas. If material changes occur, they must occur at logical changes in building form.

10. Windows shall be sensitively placed to protect privacy of adjacent residences.

11. View corridors are critical to and from all open spaces. The siting of buildings, accessory structures, fences, etc., and their impact on views and adjacent uses shall be carefully considered.

12. Mechanical equipment on roofs, aboveground transformers, satellite dishes, active solar panels, utility equipment and loading, service and storage areas generally will be screened from view from the streets, pathways, public areas and adjacent uses. Commercial trash enclosures and maintenance structures shall be designed to be compatible in style, materials and colors with the main building and shall be of permanent construction.

D. Site Design: Parcel developers, builders and lot owners will be encouraged to use innovative and environmentally responsive techniques in designing the final configuration of lots, buildings, roadways, drives, etc. These techniques may include, where appropriate, one or more of the following:

1. Where reasonably possible given site conditions and desirability of lot development, encourage development to be placed below highly visible hillside slopes. This will not apply to areas designated for recreational development, open space or trails, or where specific residential development is intended to be developed to take advantage of views. Determination by the DRC will be made on a case-by-case basis.

2. Keep views at the terminus of roadway intersections open to amenities, open space and creek beds.

3. Avoid steep slopes (>25%) and soils with poor bearing capacities

E. Landscape Design: The landscape, both existing and proposed, is an integral element of Black Canyon. The preservation or enhancement of existing landscape elements is encouraged. Additional landscaping will be added as appropriate to enhance the aesthetic quality of the community and serve a wide variety of functions, including glare reduction, visual screening, wind buffer, spatial definition, highlighting architecture, guiding circulation, and creating wildlife habitat.

1. Resource Efficiencies: Landscaping within Black Canyon will integrate resource efficient design measures and environmentally compatible plants to ensure drought-resistant and water-conserving vegetation is an integral part of the design. Some of the existing elements and possible enhancements are:

a. The ultimate mature size of plants will be evaluated on maintenance, life span and functional requirements. In areas where screening is needed, plants should be selected upon their form and branching density.

b. All plant materials should be evaluated in terms of how well they enhance the architecture, existing plant material, enclose spaces and link various activities within Black Canyon.

c. Climate influences should be considered in order to get maximum gain out of plant material. Deciduous plants along the south side and west side of buildings will be recommended since they provide summer shade while allowing winter sun to enter the building. Special consideration shall be given to trees with tap roots and/or noninvasive root growth.

d. Plants selected should be grouped/zoned according to water consumption rates and soil requirements. To aid in water conservation, plantings should be confined to planting beds. The use of mulches at appropriate depths shall also be encouraged.

2. Water Conservation: Water conservation means will include requirements for irrigation. For example, all permanent systems may be required to be below ground and fully automatic. Use of water conserving systems including, but not limited to, drip irrigation and moisture sensors will be either required or strongly encouraged. Irrigation heads, where used, are to be adjusted to minimize runoff. All irrigation heads adjacent to paved areas, curbs and turf shall be of pop-up type.

3. Unless a prohibited species or diseased, where reasonably possible, all developers will be encouraged to preserve existing mature trees on site prior to development. Some of the trees in Anderson Creek are either diseased or growing in locations that preclude preservation. Replacement tree species will be planted as part of development of the residential area in that specific phase.

4. Utilize open space and landscape buffers to transition from differing land uses, for example acreage or large lots to town home lots, or the commercial areas.

5. Require all new landscaping material to be drought tolerant and from a list of less palatable and nonpalatable (to wildlife) plant species, firewise and where appropriate, native species.

6. Encourage replanting of wildlife food species and plant species, which enhance critical habitat for wildlife.

7. Landscaping shall not include the plants prohibited on the list below. Firewise landscaping will be required for all residences that backup to open hillsides to minimize the risk of wildfire causing structural damage. Prohibited plants shall also include those determined to be noxious weeds by the County or State of Idaho. Additional plant requirements will be set forth in the CCRs.

F. Signage: The signage and graphics program within Black Canyon will follow the overall theme of the project and must be approved by the DRC. Signage will further reinforce design concepts and provide identification for the residential areas and nonresidential uses. Signage will also be provided for traffic control, along pathways and for public information purposes. In all cases, signs will be kept simple to reduce, not contribute to visual clutter. Signage throughout the project shall be consistent and compatible. Sizes, styles and configurations will vary depending on the specific purpose, activity level and building materials..

G. Lighting: Lighting in Black Canyon will serve different purposes in the commercial and residential areas. In the residential areas, small-scale intimate lighting for streets, sidewalks, building entries and residential lots is encouraged. Along rural roads sections, lighting should be minimized to reduce light pollution in the community. Main intersections should be lighted for safety purposes only. Lighting shall be functional and efficient, while keeping with the design themes of Black Canyon. Lighting will vary from larger scale illumination of major roadways to intimate lighting of pathways, building entries or residential lots. In general, to reduce light pollution in the community, overall lighting shall be minimized.

H Fences and Walls: Fencing will be used for safety and security purposes, to control pets, enhance area themes, delineate uses and for screening. All fencing shall be approved by the DRC. Adequate site distances shall be maintained along roadways and intersections per Gem County codes and ordinances. In addition, fencing or walls in commercial areas will not interfere with site distance or neighboring commercial uses and must be consistent with the entire commercial area in which the particular use is located.

____ _____ SECTION 13: PHASING PLAN:

A. General: Black Canyon's Phasing Plan generally outlines the anticipated sequence of development implementation. Initial phases of construction are relatively easier to identify and predict than subsequent phases. Subsequent phase timing will be adjusted in response to general economic conditions, market forces and absorption rates. The community is currently projected to take between eight (8) and fifteen (15) years to bring to full build-out. However, market conditions may lengthen this period to twenty (20) years. Phase One is projected to take up to three (3) years to complete development because of the extensive public service infrastructure that will be required in this phase. The other phases are estimated at two (2) years each.

B. Phasing Plan Map: The Phasing Plan Map identifies the phases and sequence as anticipated at this time. The sequence reflects two (2) primary considerations: one is that a variety of densities and housing types are desirable for inclusion in each phase; another is that infrastructure is planned for development in an economically efficient manner. Phasing is planned in such a way that at the completion of each phase all essential public services needed to meet that and preceding phases are in place and that financing necessary for maintenance and operation of those services is assured.

C. Estimated Phase Timing and Population Projections: The following tables, found elsewhere in the Specific Plan, are provided to illustrate the anticipated commencement and completion times of each phase, land uses and area of each phase, and anticipated population levels.

1. Estimated Phasing Timing:

2. Population Per Phase and At Buildout:

3. Land Use and Acreage Per Phase:

D. Phase Location: The choices regarding the location and time of each phase was determined by the infrastructure facilities that were required to serve the entire project as well as the location of the recreational amenities possible in a given area.

1. Phase One: The Phase One location was chosen because it is central to the development and maximizes the available amenities.

2. Phase Two: The Phase Two location was chosen because the equestrian uses associated with the equestrian center and access to the open space was the next recreational opportunity chosen for development based on market indicators. The residential lots in Phase One are smaller and more affiliated with the golf course. The Phase Two area will accommodate larger lots, pasturage and use of animals and is located between Phase One and the next closest development – Pickett Corral Subdivision that is itself a larger acreage development. Because the majority of the essential public service facilities will be constructed in Phase One, the required improvements for Phase Two will be reduced. At the completion of these two phases the development will be basically established.

3. Phase Three: Phase Three incorporates a second golf course and prime residential. Black Canyon estimates that the demand for a second golf course and associated view lots will be in high demand. Upon completing the construction improvements for Phase Three, all of the sewer, water and improvements to Shale Rock Road will be completed. The remaining construction can take place at a pace consistent with the market demand at that time.

4. Phases Four and Five: The timing of Phases Four and Five will be market driven and depend on the demand for the housing and recreational opportunities projected for those areas. These include a second equestrian center in the Anderson Creek Area but smaller lots than those planned in Phase Two; view lots along the ridge above Black Canyon Reservoir north of the water facility.

E. Infrastructure Improvements: The improvement plans for each phase will include improvements to the various essential systems consistent with the maximum number of lots that is scheduled to be developed in a particular phase. At the completion of each phase a report will be submitted to the Gem County administer which details the actual number of lots and remaining capacity in the municipal systems. This information can be used by the project engineer to determine the required improvements for the remaining phases. The numbers presented for number of lots is based upon a maximum density. The actual number of lots may be less.

F. Individual Phases: The following paragraphs describe the projected development for each phase including essential public services and infrastructure requirements as well as recreation facilities.

1. Phase One (2005 - 2008): Preliminary projections for Phase One include a mix of one hundred ninety (190) residential units drawn from the following categories: regular lots and condominium, and town home or patio lots. The number of units in each of these categories will be based on market demand and the need to offer potential residents a variety of housing options. Multi-family units may also be developed, depending on market demand in the Commercial Zone. Phase One improvements include Utility systems to support this phase will also be constructed including that portion of the domestic water system and irrigation water distribution lines, sewage treatment system, and the storm water retention areas serving the Phase One development area. The infrastructure is more fully described in the Public Services and Utilities Plan and Essential Public Services and Anticipated Financing Plan. The following provides a general summary of the improvements in Phase One:

a. Domestic water system including wells, storage reservoir, distribution mains and service lines;

b. Golf course and temporary clubhouse to be replaced with permanent clubhouse in subsequent phase;

c. Pressurized irrigation system to serve the commercial zones, golf course, and residential areas;

d. Road improvements including residential areas, the golf course area and the through route from the City of Emmett - Frozen Dog Road from the Black Canyon Canal on Frozen Dog Road to the eastern boundary of Phase One along Shale Rock Road; and,

e. Utilities including the remote switch facility for telephone, electric power sub-station improvements and joint trenching for associated conduit for each service. Depending on the negotiations with Amerigas, there may be a central propane facility developed either within the Phase location itself or elsewhere in the project;

f. Wastewater treatment plant, winter storage pond, land application system, necessary lift systems, main and individual service lines.

2. Phase Two (2009 - 2011): Preliminary projections for Phase Two include a mix of two hundred fifty (250) residential units drawn from the following categories: acreage, large and regular lots. It is possible that there may be a few rural lots within Phase Two, but the majority of residential properties will be in the acreage to large lot range. The number of units in each of these categories will be based on market demand and the need to offer potential residents a variety of housing options. Phase Two also includes the development of the equestrian center site with a small related commercial area. Because this area will provide room and amenities centering on equestrian activities, it is estimated that the demand for these housing types will proceed at a different pace than the golf course properties designed for Phase One and may have a higher market demand. Improvements include:

a. Domestic water system small mainlines and individual service lines only. The main lines from the water facility system would have been installed during Phase One improvements in Shale Rock Road. A second water storage reservoir may also be required depending on water availability achieved in Phase One and service requirements;

b. Equestrian center area will be further developed. There is currently an approved special use permit for this area that will be fully developed in conjunction with the operators of that proposed facility;

c. Road improvements from Shale Rock Road to serve the residences, equestrian and commercial areas in the phase; and,

d. Utility extensions to serve individual lots;

e. Wastewater system mainlines through the phase to serve the residences, equestrian center and commercial areas.

3. Phase Three (2012 - 2014): Preliminary projections for Phase Three include a mix of four hundred (400) residential units drawn from the following categories: large, regular and condominium, town home or patio lots. The number of units in each of these categories will be based on market demand and the need to offer potential residents a variety of housing options. Phase Three includes the development of the second golf course with a small related commercial area. Improvements include:

a. Domestic water system small mainlines and individual service lines only. The main lines from the water facility system would have been installed during Phase One improvements in Shale Rock Road.

b. Golf course and associated irrigation system and practice areas;

c. Road improvements from Shale Rock Road to serve the residences, golf course and commercial areas in the Phase as well as completion of the improvements of Shale Rock Road to the eastern boundary of Black Canyon; and,

d. Utility extensions to serve individual lots, the demand for telephone service may require the installation of a second remote switch in the commercial area;

e. Wastewater treatment facility improvements for increased treatment load at the plant and extension of main and service lines to the individual lots.

4. Phase Four (2015 - 2017): Preliminary projections for Phase Four include a mix of five hundred eighty five (585) residential units drawn from all the residential categories offered in Black Canyon ranging from largest to smallest: rural, acreage, large, regular and condominium, town home or patio lots. The number of units in each of these categories will be based on market demand and the need to offer potential residents a variety of housing options. Phase Four includes the development of the second equestrian area with a small related commercial area. Improvements include:

a. Domestic water system demands may require the construction of one (1) or more additional domestic wells. This is a function of development of the system during prior phases. At minimum it will require the installation of mainlines and individual service lines from the system to serve the individual lots;

b. Equestrian area;

c. Road improvements from Shale Rock Road to serve the residences, equestrian center; and commercial area, as well as improvements to the intersection of Frozen Dog Road and Plaza Road that may be required because of traffic impacts resulting from the buildout population;

d. Utility extensions to serve individual lots;

e. Wastewater treatment facility improvements for increased treatment load at the plant and extension of main and service lines to the individual lots.

5. Phase Five (2018 - 2020): Preliminary projections for Phase Five include a mix of seventy five (75) residential units drawn from the following categories: acreage, large, regular and condominium, town home or patio lots. The number of units in each of these categories will be based on market demand and the need to offer potential residents a variety of housing options on smaller view lots providing spectacular views of both the Black Canyon Reservoir and the golf courses. Improvements include:

a. Domestic water system mainlines and service lines to individual lots only;

b. Road improvements from Shale Rock Road to serve the residences;

d. Utility extensions to serve individual lots;

e. Wastewater treatment facility mainlines and service lines to individual lots only.

G. Monitoring of Progress: As part of the County review of each individual Phasing Plan, Black Canyon will provide the Administrator with an up-to-date summary including: number of residential units and commercial uses; number of and type of units built by type; quantities and types of commercial and public facilities; a description of all infrastructure and services developed; and, an updated outline of future phases. The Administrator will be able to determine the progress of the project based upon the maximum density projections, compared to the actual number of lots upon platting. Adjustments to the required municipal improvements will be made if the number of actual lots is considerably less than the projected numbers.

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