ACHD Comments-FINAL-mer21-0003 keto heating warehouse
1 Keto Heating Warehouse/
MER21-0003/ A-2020-0214
Development Services Department
Project/File: Keto Heating Warehouse/ MER21-0003/ A-2020-0214
The is a design review application and certificate of zoning compliance application to
construct a 2,800 square foot office warehouse building on 0.56 acres.
Lead Agency: City of Meridian
Site address: 1680 W. Franklin Road
Staff Approval: January 21, 2021
Applicant: Patrick McKeegan
PMA Inc.
P.O. Box 5845
Boise, ID 83705
Representative: Sophia Fleming
Fleming Family Investments LLC
1680 W. Franklin Road
Meridian, ID
Staff Contact: Paige Bankhead, E.I.
Phone: 387-6293
E-mail: pbankhead@achdidaho.org
A. Findings of Fact
1. Description of Application: The applicant is requesting approval of a design review application
and certificate of zoning compliance application to construct a 2,800 square foot office warehouse
building on 0.56 acres. The site is zoned I-L (Light Industrial).
The City of Meridian’s Future Land Use Map designates this area as Mixed Employment.
2. Description of Adjacent Surrounding Area:
Direction Land Use Zoning
North Light Industrial I-L
South Community Business C-C
East Light Industrial I-L
West Light Industrial I-L
3. Site History: ACHD has not previously reviewed this site for a development application.
4. Transit: Transit services are not available to serve this site.
Vicinity Map
2 Keto Heating Warehouse/
MER21-0003/ A-2020-0214
5. New Center Lane Miles: The proposed development includes 0.0 centerline miles of new public
road.
6. 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.
7. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• The intersection of Linder Road and Franklin Road is listed in the CIP to be widened to 7-
lanes on all legs and modify the signal between 2031 and 2035.
8. Roadways to Bikeways Master Plan: ACHD’s Roadways to Bikeways Master Plan (BMP) was
adopted by the ACHD Commission in May of 2009 and was update in 2018. The plan seeks to
implement the Planned Bicycle Network to support bicycling as a viable transportation option for
Ada County residents with a wide range of ages and abilities, maintain bicycle routes in a state of
good repair in order to ensure they are consistently available for use, promote awareness of existing
bicycle routes and features and support encouragement programs and to facilitate coordination and
cooperation among local jurisdictions in implementing the Roadways to Bikeways Plan
recommendations.
• The BMP identifies Franklin Road abutting the site as a Level 2 facility. Franklin Road is
currently improved with an on-street bike lane abutting the site.
B. Traffic Findings for Consideration
1. Trip Generation: This development is estimated to generate 28 additional vehicle trips per day; 3
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).
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
12/19/2018.
C. Findings for Consideration
1. Franklin Road
a. Existing Conditions: Franklin Road is improved with 5-travel lanes, vertical curb, gutter, and
8-foot wide attached concrete sidewalk abutting the site. There is 90-feet of right-of-way for
Franklin Road (45-feet from centerline).
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 155-feet Principal
Arterial 947 Better than
“D”
3 Keto Heating Warehouse/
MER21-0003/ A-2020-0214
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
Street Map and Livable Streets Design Guide. The developer or engineer should contact the
District before starting any design.
Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state
that the standard 5-lane street section shall be 72-feet (back-of-curb to back-of-curb) within 96-
feet of right-of-way. This width typically accommodates two travel lanes in each direction, a
continuous center left-turn lane, and bike lanes on a minor arterial and a safety shoulder on a
principal arterial.
Right-of-Way Dedication: District Policy 7205.2 states that The District will provide
compensation for additional right-of-way dedicated beyond the existing right-of-way along
arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available
impact fee revenue in the Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee
eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a
corridor for future capacity improvements, as provided in Section 7300.
Sidewalk Policy: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide to
be constructed on both sides of all arterial streets. A parkway strip at least 6-feet wide between
the back-of-curb and street edge of the sidewalk is required to provide increased safety and
protection of pedestrians. Consult the District’s planter width policy if trees are to be placed
within the parkway strip. Sidewalks constructed next to the back-of-curb shall be a minimum of
7-feet wide.
Detached sidewalks are encouraged and should be parallel to the adjacent roadway.
Meandering sidewalks are discouraged.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of
the dedicated right-of-way. The easement shall encompass the entire area between the right-
of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located
wholly within the public right-of-way or wholly within an easement.
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.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map
(MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway
features required through development. This segment of Franklin Road is designated in the
MSM as a Planned Commercial Arterial with 5-lanes and on-street bike lanes, a 72-foot street
section within 96-feet of right-of-way.
c. Applicant Proposal: The applicant has not proposed any improvements to Franklin Road
abutting the site.
d. Staff Comments/Recommendations: The intersection of Franklin Road and Linder Road
located east of the site is listed in the CIP to be widened to 7-lanes on all legs between 2031
and 2035. Franklin Road abutting the site is located within the influence area of the intersection
and is planned to be widened to 7-lanes as part of the intersection project. Therefore, the
applicant should be required to dedicate additional right-of-way to total a minimum of 59-feet
4 Keto Heating Warehouse/
MER21-0003/ A-2020-0214
from the centerline of Franklin Road abutting the site consistent with the CIP. Compensation
will be provided for this right-of-way dedication since this segment of Franklin Road is listed in
the CIP consistent with District Policy.
Franklin Road abutting the site is already improved with 5-lanes, vertical curb, gutter and
attached 8-foot wide concrete sidewalk. Therefore, staff recommends no additional
improvements be required on Franklin Road abutting the site with this development application.
Consistent with the District’s Minor Improvements Policy, the applicant should be required to
replace any broken or deteriorated segments of curb, gutter and sidewalk abutting the site on
Franklin Road.
2. Driveways – Franklin Road
a. Existing Conditions: There is an existing unpaved 20-foot wide curb cut type driveway from
the site onto Franklin Road located approximately 330-feet west of Linder Road and 150-feet to
the east of an existing commercial driveway for a small car dealership. This driveway is
restricted to right-in/right-out only with a raised median.
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.
Driveway Location Policy: District policy 7205.4.7 requires driveways located on principal
arterial roadways to be located a minimum of 355-feet from the nearest intersection for a right-
in/right-out only driveway. Full-access driveways are not allowed on principal arterial roadways.
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 450-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.
5 Keto Heating Warehouse/
MER21-0003/ A-2020-0214
c. Applicant’s Proposal: The applicant has proposed to widen the existing driveway from the site
onto Franklin Road to 24-feet and construct it as a curb cut type driveway.
d. Staff Comments/Recommendations: The applicant’s proposal to use the existing driveway
located 330-feet west of Linder Road does not meet the District’s Driveway Location or
Successive Driveways Policies which require right-in/right-out only driveways on principal
arterial roadways to be located a minimum of 355-feet from the nearest intersection and offset
a minimum of 450-feet on a roadway with a 45 MPH limit. However, staff recommends a
modification of Policy to allow the applicant’s proposal due to the fact that that the site has only
155-feet of frontage on Franklin Road which restricts the applicant from simultaneously meeting
the District’s Driveway Location Policy and Successive Driveways Policy offset requirements
and the driveway will continue to operate as right-in/right-out only. Therefore, staff recommends
that the applicant’s proposal to use the existing driveway located 330-feet to the west of Linder
Road be approved. The applicant should be required to construct the driveway as a curb return
type driveway and pave the driveway its full width and a minimum of 30-feet into the site beyond
the edge of pavement for Franklin Road.
Staff recommends that the City of Meridian require the applicant to provide a cross-access
easement for the property to the west of the site to access Franklin Road without constructing
another access point from that site onto Franklin Road when it is developed in the future.
3. 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.
D. Site Specific Conditions of Approval
1. Replace any broken or deteriorated segments of curb, gutter or sidewalk on Franklin Road abutting
the site.
2. Dedicate additional right-of-way to total 59-feet from the centerline of Franklin Road abutting the
site. Compensation will be provided for the dedication of right-of-way.
3. Widen the existing driveway from the site onto Franklin Road located 330-feet west of Linder Road
to 24-feet and construct the driveway as a curb return type driveway. Pave the driveway its full
width and a minimum of 30-feet into the site beyond the edge of pavement for Franklin Road.
4. Other than the access specifically approved with this application, direct lot access is prohibited to
Franklin Road.
5. 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.
6. Payment of impact fees is due prior to issuance of a building permit.
7. Comply with all Standard Conditions of Approval.
E. Standard Conditions of Approval
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
6 Keto Heating Warehouse/
MER21-0003/ A-2020-0214
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
1. Vicinity Map
2. Site Plan
3. Utility Coordinating Council
4. Development Process Checklist
5. Request for Reconsideration Guidelines OR Appeal Guidelines
7 Keto Heating Warehouse/
MER21-0003/ A-2020-0214
VICINITY MAP
8 Keto Heating Warehouse/
MER21-0003/ A-2020-0214
SITE PLAN
9 Keto Heating Warehouse/
MER21-0003/ A-2020-0214
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 Keto Heating Warehouse/
MER21-0003/ A-2020-0214
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 Keto Heating Warehouse/
MER21-0003/ A-2020-0214
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.
12 Keto Heating Warehouse/
MER21-0003/ A-2020-0214
Request for Reconsideration of Commission Action
1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD
staff or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action
previously requested to be reconsidered, an action whose provisions have been partly and
materially carried out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for
reconsideration, but the motion may be seconded by any Commissioner and is voted on
by all Commissioners present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no
later than 11:00 a.m. 2 days prior to the Commission’s next scheduled regular meeting
following the meeting at which the action to be reconsidered was taken. Upon receipt of
the request, the Secretary shall cause the same to be placed on the agenda for that next
scheduled regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting forth
new facts and information not presented at the earlier meeting, or a changed situation that
has developed since the taking of the earlier vote, or information establishing an error of
fact or law in the earlier action. The request may also be supported by oral testimony at
the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to
ACHD staff for further review. The Commission may set the date of the m eeting at which
the matter is to be returned. The Commission shall only take action on the original matter
at a meeting where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission.