2019-12-16 ACHD
1 Ascent Subdivision / MPP19-0029 / H-2019-0122
Development Services Department
Project/File: Ascent Subdivision / MPP19-0029 / H-2019-0122
The applicant is requesting annexation, rezone, preliminary plat and conditional use
approval for a residential subdivision consisting of 9 multi-family building lots, and 5
common lots. The development will total 72 residential units on 5 acres.
Lead Agency: City of Meridian
Site address: Parcel S1210346905
Staff Approval: December 13, 2019
Applicant: Matt Schultz
Schultz Development
PO Box 1115
Meridian, ID 83680
Staff Contact: Austin Miller
Phone: 387-6335
E-mail: amiller@achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting annexation, rezone, preliminary plat and
conditional use approval for a residential subdivision consisting of 9 multi-family building lots, and
5 common lots. The development will total 72 residential units on 5 acres. The applicant’s proposal
is consistent with the City of Meridian’s comprehensive plan designation of medium-high density
residential.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Rural to Urban Transition Zone RUT
South Medium Density Residential District R-8
East Rural to Urban Transition Zone RUT
West Rural to Urban Transition Zone RUT
3. Site History: ACHD has not previously reviewed this site for a development application.
4. Adjacent Development: The following developments are pending or underway in the vicinity of
the site:
• Entrata Farms, a multi-family residential subdivision consisting of 278 dwelling units located
just east of this site was approved by ACHD in May 2018 and phase 1 is currently under
construction.
• Baraya Apartments, a multi-family residential subdivision consisting of 240 dwelling units
located at the southeast corner of Umbria Hills Way and Franklin Road was approved by
ACHD in February 2018 and is currently under construction.
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• Baraya Subdivision, consisting of 334 single family lots and one elementary school lot, located
directly south of this site was approved by ACHD in March 2007 and is in various stages of
development.
5. Transit: Transit services are available to serve this site, via route 42.
6. New Center Lane Miles: The proposed development includes 0 centerline miles of new public
road.
7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building
permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time. The impact fee assessment will not be released until the civil plans are approved by ACHD.
8. Capital Improvements Plan (CIP) / Integrated Five Year Work Plan (IFYWP):
• Black Cat Road is listed in the CIP to be widened to 5-lanes from Cherry Lane to Franklin
Road between 2021 and 2025.
• Black Cat Road is listed in the CIP to be widened to 3-lanes from Overland Road to Franklin
Road between 2026 and 2030.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 527 additional vehicle trips per day;
40 additional vehicle trips per hour in the PM peak hour, based on the Institute of Transportation
Engineers Trip Generation Manual, 10th edition.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour (VPH)
* Acceptable level of service for a five-lane principal arterial is “E” (1,780 VPH).
* Acceptable level of service for a five-lane minor arterial is “E” (1,540 VPH).
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD’s most current traffic counts.
• The average daily traffic count for Franklin Road east of Ten Mile Road was 14,211 on
December 19, 2018.
• The average daily traffic count for Ten Mile Road north of Franklin Road was 27,049 on
January 10, 2018.
C. Findings for Consideration
1. Franklin Road
a. Existing Conditions: Franklin Road is improved with 5-travel lanes, vertical curb, gutter, and
concrete sidewalk abutting the site. There is 90-feet of right-of-way for Franklin Road (34-feet
from section line).
b. Policy:
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken
to all of the adjacent streets.
Roadway Frontage Functional
Classification
PM Peak Hour
Traffic Count
PM Peak Hour
Level of Service
Franklin Road 365-feet Principal
Arterial 947 Better than “E”
Ten Mile Road None Minor Arterial 1,474 Better than “E”
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Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing
streets adjacent to a proposed development may be required. These improvements are to
correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or
replacement; curb and gutter construction or replacement; replacement of unused driveways
with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement
repairs; signs; traffic control devices; and other similar items.
c. Applicant Proposal: The applicant is not proposing any improvements to Franklin Road.
d. Staff Comments/Recommendations: Franklin Road was widened to 5-lanes in 2017 and
fully improved with curb, gutter and sidewalk abutting the site; therefore, frontage improvements
are not required.
Consistent with ACHD’s Minor Improvement Policy, the applicant should be required to repair
or replace any damaged or deficient improvements along Franklin Road abutting the site.
2. Driveways
2.1 Franklin Road
a. Existing Conditions: There is a 20-foot wide curb cut type driveway onto Franklin Road
located 193-feet west of the eastern property line.
b. Policy:
Access Points Policy: District Policy 7205.4.1 states that all access points associated with
development applications shall be determined in accordance with the policies in this section
and Section 7202. Access points shall be reviewed only for a development application that is
being considered by the lead land use agency. Approved access points may be relocated
and/or restricted in the future if the land use intensifies, changes, or the property redevelops.
Access Policy: District policy 7205.4.7 states that direct access to principal arterials is typically
prohibited. If a property has frontage on more than one street, access shall be taken from the
street having the lesser functional classification. If it is necessary to take access to the higher
classified street due to a lack of frontage, the minimum allowable spacing shall be based on
Table 1b under District policy 7205.4.7, unless a waiver for the access point has been approved
by the District Commission. Driveways, when approved on a principal arterial shall operate as
a right-in/right-out only, and the District will require the construction of a raised median to restrict
the left turning movements.
Successive Driveways: District policy 7205.4.7 Table 1b, requires driveways located on
principal arterial roadways with a speed limit of 45 MPH to align or offset a minimum of 380-feet
from any existing or proposed driveway.
Driveway Width Policy: District policy 7205.4.8 restricts high-volume driveways (100 VTD or
more) to a maximum width of 36-feet and low-volume driveways (less than 100 VTD) to a
maximum width of 30-feet. Curb return type driveways with 30-foot radii will be required for high-
volume driveways with 100 VTD or more. Curb return type driveways with 15-foot radii will be
required for low-volume driveways with less than 100 VTD.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7205.4.8, the applicant should be required to pave the driveway its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers in
accordance with Table 2 under District Policy 7205.4.8.
Cross Access Easements/Shared Access Policy: District Policy 7202.4.1 states that cross
access utilizes a single vehicular connection that serves two or more adjoining lots or parcels
so that the driver does not need to re-enter the public street system.
4 Ascent Subdivision / MPP19-0029 / H-2019-0122
c. Applicant’s Proposal: The applicant is proposing to reconstruct the existing driveway on
Franklin Road located 193-feet west of the eastern property line as a 25-foot wide curb return
type driveway. The driveway is located 300-feet west of a driveway serving a single-family
dwelling and 205-feet east of a private road serving three single-family dwellings (Zimmerman
Lane).
d. Staff Comments/Recommendations: The applicant's proposed driveway location does not
meet District Successive Driveway policy; however, staff recommends a modification of policy
to allow the driveway to be located as proposed due to the fact that this site does not have
access to a lesser classified street and there is not adequate frontage to meet the required 380-
foot offset. Additionally, the two driveways within 380-feet of the proposed driveway are low
volume driveways. The 46% modification of policy is approved at the discretion of the Deputy
Director of Development and Technical Services.
To ensure the ease of residents and the traveling public entering and exiting the site the
applicant may widen to driveway to a maximum width of 36-feet.
3. Tree Planters
Tree Planter Policy: Tree Planter Policy: The District’s Tree Planter Policy prohibits all trees in
planters less than 8-feet in width without the installation of root barriers. Class II trees may be
allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed
in planters with a minimum width of 10-feet.
4. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD
right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm
drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle
at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height
restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop
signs. Landscape plans are required with the submittal of civil plans and must meet all District
requirements prior to signature of the final plat and/or approval of the civil plans.
5. Other Access
Franklin Road is classified as a principal arterial roadway. Other than the access specifically
approved with this application, direct lot access is prohibited to this roadway and should be noted
on the final plat.
D. Site Specific Conditions of Approval
1. Repair or replace any damaged or deficient improvements along Franklin Road abutting the site.
2. Reconstruct the existing driveway on Franklin Road located 193-feet west of the eastern property
line as a curb return type driveway and to a maximum width of 36-feet.
3. Note on the final plat that other than the access specifically approved with this application, direct
lot access to Fairview Avenue is prohibited.
4. Submit civil plans to ACHD Development Services for review and approval. The impact fee
assessment will not be released until the civil plans are approved by ACHD.
5. Payment of impact fees is due prior to issuance of a building permit.
6. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
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1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way
(including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD
right-of-way.
3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities
Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA
compliance to District Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190
in the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards
and approved supplements, Construction Services procedures and all applicable ACHD Standards
unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and
certify all improvement plans.
10. Construction use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change in
the planned use of the property which is the subject of this application, shall require the applicant
to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a
waiver/variance of the requirements or other legal relief is granted by the ACHD Commission.
F. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
G. Attachments
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1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Appeal Guidelines
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VICINITY MAP
8 Ascent Subdivision / MPP19-0029 / H-2019-0122
SITE PLAN
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Ada County Utility Coordinating Council
Developer/Local Improvement District
Right of Way Improvements Guideline Request
Purpose: To develop the necessary avenue for proper notification to utilities of local highway and
road improvements, to help the utilities in budgeting and to clarify the already existing process.
1) Notification: Within five (5) working days upon notification of required right of way improvements
by Highway entities, developers shall provide written notification to the affected utility owners and
the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to,
project limits, scope of roadway improvements/project, anticipated construction dates, and any
portions critical to the right of way improvements and coordination of utilities.
2) Plan Review: The developer shall provide the highway entities and all utility owners with
preliminary project plans and schedule a plan review conference. Depending on the scale of
utility improvements, a plan review conference may not be necessary, as determined by the utility
owners. Conference notification shall also be sent to the UCC. During the review meeting the
developer shall notify utilities of the status of right of way/easement acquisition necessary for their
project. At the plan review conference each company shall have the right to appeal, adjust and/or
negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter
of review indicating the costs and time required for relocation of its facilities. Said letter of review
is to be provided within thirty calendar days after the date of the plan review conference.
3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary
plans. Utilities may request an updated plan review meeting if revisions are made in the
preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days
after receiving the revisions to review and comment thereon.
4) Final Notification: The developer will provide highway entities, utility owners and the UCC with
final notification of its intent to proceed with right of way improvements and include the anticipated
date work will commence. This notification shall indicate that the work to be performed shall be
pursuant to final approved plans by the highway entity. The developer shall schedule a
preconstruction meeting prior to right of way improvements. Utility relocation activity shall be
completed within the times established during the preconstruction meeting, unless otherwise
agreed upon.
Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com
for e-mail notification information.
10 Ascent Subdivision / MPP19-0029 / H-2019-0122
Development Process Checklist
Items Completed to Date:
Submit a development application to a City or to Ada County
The City or the County will transmit the development applic ation to ACHD
The ACHD Planning Review Section will receive the development application to review
The Planning Review Section will do one of the following:
Send a “No Review” letter to the applicant stating that there are no site specific conditions of approval at
this time.
Write a Staff Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal for its conformance to District Policy.
Write a Commission Level report analyzing the impacts of the development on the transportation system
and evaluating the proposal for its conformance to District Policy.
Items to be completed by Applicant:
For ALL development applications, including those receiving a “No Review” letter:
• The applicant should submit one set of engineered plans directly to ACHD for review by the Development
Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements
required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.)
• The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way,
including, but not limited to, driveway approaches, street improvements and utility cuts.
Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Non-Subdivisions)
Driveway or Property Approach(s)
• Submit a “Driveway Approach Request” form to ACHD Construction (for approval by Development Services & Traffic
Services). There is a one week turnaround for this approval.
Working in the ACHD Right-of-Way
• Four business days prior to starting work have a bonded contractor submit a “Temporary Highway Use Permit
Application” to ACHD Construction – Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50’ or you
are placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
Sediment & Erosion Submittal
• At least one week prior to setting up a Pre-Construction Meeting an Erosion & Sediment Control Narrative & Plan, done
by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD
Stormwater Section.
Idaho Power Company
• Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being
scheduled.
Final Approval from Development Services is required prior to scheduling a Pre-Con.
11 Ascent Subdivision / MPP19-0029 / H-2019-0122
Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of
the final decision made by the Development Services Manager when it is alleged that the
Development Services Manager did not properly apply this section 7101.6, did not consider all of
the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily
and capriciously in the interpretation or enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be char ged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary
and Clerk of the District, which must be filed within ten (10) working days from the date of
the decision that is the subject of the appeal. The notice of appeal shall refer to the
decision being appealed, identify the appellant by name, address and telephone number
and state the grounds for the appeal. The grounds shall include a written summary of the
provisions of the policy relevant to the appeal and/or the facts and law relied upon and
shall include a written argument in support of the appeal. The Commission shall not
consider a notice of appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The Development Services Manager shall have ten (10) working days
from the date of the filing of the notice of appeal to reply to the notice of the appeal, and
may during such time meet with the appellant to discuss the matter, and may also consider
and/or modify the decision that is being appealed. A copy of the reply and any
modifications to the decision being appealed will be provided to the appellant prior to the
Commission hearing on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
within thirty (30) days following the delivery to the appellant of the Development Services
Manager’s reply to the notice of appeal. A copy of the decision being appealed, the notice
of appeal and the reply shall be delivered to the Commission at least one (1) week prior
to the hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.