MMD2010-00010[I F AFFIDAVIT OF MAILING
I, Patricia L. Lunsford, being first duly sworn/ affirm, on oath depose and saythat I am a Planning Assistant for the City of
Tigard, Washington County, Oregon and that I served the following:
lCh�-k ,N- B. J) Plow)
D NOTICE OF DECISION FOR
MMD2010- 00010 /KAUFMAN STREAMBORN FLYSHOP PARKING LOT
(File No. /Name Reference)
AMENDEDNOTICE
® City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit "A" , and by reference made a part hereof, was mailed to each
named person(s) at the address(s) shown on the attached Est(s), marked Exhibit " B", and by reference made a part hereof, on
May 18, 2010, and deposited in the United States Mail on May 18, 2010 postage prepaid.
that
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before me on the ;) day of P-A - 1 5 2010.
OFFICIAL SEAL
SHIRLEY L TREAT
NOTARY PUBUC - OREGON
COMMISSION N0.41S777
MY COMMISSION EXPIRES APRIL 25, 2011
��" 0<"
NOTARY PUBLIC OF OREGON
My Commission Expires: 4 1g:51 ( /
fXHI61TA
NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2010 -00010 q
KAUFMAN STREAMBORN
FLY - FISHING SHOP PARK LOT
120 DAYS = 9 -14 -2010
SECTION I. APPLICATION SUMMARY
FILE NAME: KAUFMAN STREAMBORN FLY - FISHING SHOP
CASE NO.: Minor Modification (MMD) MMD2010 -00010
PROPOSAL: The applicant proposes changes to the parking lot due to re- development of
Pacific Highway and reconfiguring the access way. Parking spaces will be
adjusted due to the new access and the required turning radius to accommodate
truck traffic. Landscaping will be installed to screen the parking lot from the
highway. One section of parking will be re- aligned for two -way traffic flow and
a new parking island will be installed. Three bicycle spaces will be added.
APPLICANT: James H. Waddle OWNER: Walter S. Aman
PO Box 10183 PO Box 2990
Portland, OR 97231 Tualatin, OR 97062
LOCATION: 11960 SW Pacific Highway; WCTM 2S102AA, Tax Lot 00602.
ZONING
DESIGNATION: MU -CBD: Mixed Use - Central Business District. The MU -CBD zoning
district is designed to provide a pedestrian friendly urban village in
Downtown Tigard. A wide variety of commercial, civic, employment, mixed -
use, multi - family and attached single family residences are permitted. New
development and redevelopment are required to conform to the standards of
Chapter 18.610.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.745 and
18.765.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions of approval. The findings and
conclusions on which the decision is based are noted in Section IV.
N1.'NID2010 -00010 Kaufman Streamborn Fly- Fishing Shop Parking Lot Decision 051810 Page 1 of 4
CONDITIONS OF APPROVAL
PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIE
1. The applicant shall provide three additional trees, one at the landscape peninsula north of the
access way and two in the new parking island. These may be small, narrow stature trees 25 feet
or less in height and 16 feet or less in width at maturity.
2. The applicant shall call for final inspection by the Planning Division prior to final building
inspection.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DAT O THI DE
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject parcel is located at 11960 SW Pacific Highway. The property is subject to dedication of
additional right -of -way and design of a new access way as part of the re- development of Pacific
Highway. One section of parking will be re- configured to provide turning radius for the shared
driveway to accommodate truck traffic.
Proposal Description:
The applicant is proposing changes to the parking lot due to re- development of Pacific Highway and
reconfiguring the access way. Parking spaces will be adjusted due to the new access and the required
M radius to accommodate truck traffic. Landscaping will be installed to screen the parking lot
from the highway. One section of parking will be re- aligned for two -way traffic flow and a new parking
island will be installed. Three bicycle spaces will be added.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B
contains the following criteria for approval of a request for Minor Modification:
Section 18.360.050.B states that the Director shall determine that a major modification will
result if one or more of the following changes are proposed. There will be:
1. An increase in dwelling unit density, or lot coverage for residential development;
There are no dwelling units on the property. Therefore, this criterion does not apply.
2. A change in the ratio or number of different types of dwellings;
There are no dwelling units on the property. Therefore, this criterion does not apply.
3. A change that requires additional on -site parking in accordance with Chapter 18.765.
No additional on -site parking is required. Therefore, this criterion does not apply.
;ILMD2010 -00010 Kaufman Streambom Fly- Fishing Shop Parking Lot Decision 051810 Page 2 of 4
4. A change in the type of commercial or industrial structures as defined by the
Uniform Building Code;
There are no proposed changes to the structure. Therefore, this criterion does not apply.
5. An increase in the height of the building(s) by more than 20 %;
There is no proposed change in building height. Therefore, this criterion does not apply.
6. A change in the type and location of access ways and parking areas where off -site
traffic would be affected;
The proposal is in response to the re- design of the access way to accommodate the re-
development of Pacific Highway. The access will be a shared access and the plans have been
approved by ODOT, Washington County, and the City of Tigard. Therefore, this criterion is
satisfied.
7. An increase in vehicular traffic to and from the site and the increase can be expected
to exceed 100 vehicles per day;
There will be no increase in vehicular traffic to and from the site. Therefore, this criterion
does not apply.
8. An increase in the floor area proposed for a nonresidential use by more than 10%
excluding expansions under 5,000 square feet;
There will be no increase in floor area. Therefore, this criterion does not apply.
9. A reduction in the area reserved for common space and /or usable open space which
reduces the open space area below the minimum required by this code or reduces
the open space area by more than 10 %;
The proposal does not reduce the area reserved for common space or usable open space.
Therefore, this criterion does not apply.
10. A reduction of project amenities below the minimum established by this code or by
more than 10% where specified in the site plan:
a. Recreational facilities;
b. Screening; and /or
c. Landscaping provisions.
The proposal increases screening of the parking lot and adds to the landscaping area. New
trees will be added to the parking lot. There are no recreation facilities. Therefore, this
criterion is satisfied.
11. A modification to the conditions imposed at the time of site development review
approval which is not the subject of B 1 through 10 above of this subsection.
The proposal does not modify conditions imposed at the time of site development review
approval which are not the subject of B1 through 10 above of this subsection.
FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a
site development have been met.
INB D2010 -00010 Kaufman Streamborn Fly- Fishing Shop Parking Lot Decision 051810 Page 3 of 4
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision
A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it
is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision
may not be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON MAY 18, 2010
AND BECOMES EFFECTIVE ON MAY 19, 2010.
Questions:
If you have any questions, please contact the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hall Boulevard, Tigard, Oregon.
f 0 0 - 1 � L May 18, 2010
APPROVED BY: Darrel "Hap" Watkins DATE
Assistant Planner
503 - 718 -2440
hapl2figar�d- or. gov
NDM2010 -00010 Kaufman Streamborn Fly- Fishing Shop Parking Lot Decision 051810 Page 4 of 4
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James H. Waddle
PO Box 10183
Portland, OR 97231
Walter S. Aman
PO Box 2990
Tualatin, OR 097062
Aman, Walters Credit Shelter Trust
19217 SW 119`' Avenue
Tualatin, OR 97062
MMD2010 -00010
KAUFMAN STREAMBORN FLYSHOP
PARKING LOT
EXHEBM_____
2S102AA00602
AMAN, WALTERS CREDIT SHLTER TRUS
19217 SW 119TH AVE
TUALATIN, OR 97062
5 /-/ *'// U
/L2z61ai
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RECEIVED
I ft
r
City of Tigard
Minor Modification —
MAY 1 S 2010
Type I Applicatior79ING
f
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:GENERAL INFORMATION
Property Address /Location(s): (0l) SW N
M6AIM 1 6 fZ - 2 7 Z3
Tax Map & Tax Lot #(s): E$ ID2 AA' - 1-I. — 006oO
Site Size: 11 2> 4 <j �
Applicant *:
Address:
City/State: to Zip:
Primary Contact: 6 1 M WAd> P C,1F_
Phone: S'03'22( -WOS Flax_:'
E -Mail w d p dV -`t'- GD Wt
Property Owner /Deed Holder(s) *:
(Attach list if in re than one)
Address: X0. 2 M29 Phone:
City/State': &A , d 4 Zip: 7a Z-
* When the owner and the applicant are different people, the
applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an
agent of the ooner. The owner(s) must sign this application
in the space provided on the back of this form or submit a
written authorization with this application.
Minor Modifications:
Minor Modifications are processed for permitted uses and
conditional uses. To review a modification as a Minor
Modification, the Director must first find that the expansion
or change does not invoke one or more of the criteria
discussed within Section 18.360.050(B) — Site Development
Review or Section 18.330.020(B)(2) — Conditional Use. If the
modification exceeds the maximum allowed under any one or
more of the criteria, a Major Modification review is required.
Major Modifications are processed in the same manner as a
new Site Development Review or Conditional Use Permit.
Applicant's Statement:
The applicant's statement must include a summary of the
proposed changes. Criteria in either 18.360.050(B) or
18.330.020(B)(2) must be addressed with a detailed response
to each criterion. Failure to provide the information needed
to process the application would be reason to consider an
application incomplete and delay
review of the proposal.
In addition, the Director must find that the proposed
change is in compliance with all applicable requirements of
Tide 18 of the Tigard Development Code. To complete
this review, the Applicant's proposal must include a
discussion indicating how the site expansion/ change will
continue to comply with the maximum setback, building
height, parking, and landscaping standards. Other
requirements of this title such as clear vision, solid waste
storage, non - conforming situations, signs, and tree
removal may also be applicable depending on the type and
location of the proposed modifications.
REQUIRED SUBMITTAL ELEMENTS
(Applications will not be accepted without the
following required submittal elements)
[Application Form
Q Owner's Signature /Written Authorization
[� Title Transfer Instrument or Deed
B�Site Plan (4 Large Plans & One — Reduced to 8 1 /9 " x
11 ")
[C]i� Applicant's Statement /Narrative (4 copies)
[I" Filing Fee $579.00
FOR STAFF USE ONLY
Case No.(s): a-c7 I O 0 y01 C�
Other Case No.(s):
Receipt No.: 1 7 - 7 °! O
Date: Irl / z. /y
Application Accepted By:
Date Determined Complete:
Revised: 1)u1 -09
is \cut In \masters \land use a 1icanons \minor modification app.docx
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 1 www.tigard- or.gov I Page 1 of 2
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
descr on the front of this application in the "Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subject
p roper1y.
e If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
♦ All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and
the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such
statements are false.
♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this day of 1 , 20
Owner's Signature
Owner's Signature
Owner's Signature
Owner's Signature
Owner's Signature
Owner's Signature
City of Tigard 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 1 www.tigard- or.gov I Page 2 of 2
CITY OF TIGARD
13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
RECEIPT
Receipt Number: 177905 - 05/12/2010
CASE NO. FEE DESCRIPTION
MMD2010 -00010 Minor Modification to an Approved Plan
MMD2010 -00010 Minor Modification to an Approved Plan -
LRP
REVENUE ACCOUNT NUMBER PAID
1003100 -43116 $504.00
1003100 -43117 $75.00
Total: $579.00
PAYMENT METHOD CHECK # CC All CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 060225 KPEERMAN 05/12/2010 $579.00
Payor: Aman Enterprises, Inc.
Total Payments: $579.00
Balance Due: $0.00
Page 1 of 1
AFTER RECORDING RETURN TO:
Joyle C. Dahl
Schwabe, Williamson & Wyatt, P.C.
1211 SW Fifth Avenue, Suite 1800
Portland, Oregon 97204 -3795
UNTIL A CHANGE IS RFQlj7 STED,
ALL TAX STATEMENTS SHALL BE
SENT TO:
Stephen D. Aman, Trustee
Walter S. Aman Credit Shelter Trust
19217 SW 119 Ave.
Tualatin, OR 97062
BARGAIN & SALE DEED
Washington County, Oregon 2008 _069454
08/08/2008 03:20:14 PM
D-D8S Cnt =1 Stn =9 C TOMPKINS
$,15.00 $5.00 $11.00 $1.00 - Total = $32.00
i
01279641200800694540030037
I, Richard Hobemicht, Director of Assessment and
Taxation and Ex -ORclo County Clerk for Washington ^�4�
County; Oregon, do hereby certify that the within
Instrument of writing was received and recorded In the
book of records of said cou
Richard Hobemicht, Director of Assessment and
Taxation, Ex- Offlclo County Clerk
AMAN ENTERPRISES, INC., an Oregon Corporation, Grantor, conveys to the
WALTER S. AMAN CREDIT SHELTER TRUST, Grantee, the following described real
property free of encumbrances except as specifically set forth herein:
Parcel No. 2S 102AA 00602
Situs Address: 11960 SW Pacific IIwy, Tigard, OR 97223
SEE EXHIBIT "A"
This conveyance is made by Grantor and accepted by Grantee subject to the exceptions of
.record in Washington County, Oregon, to the extent valid and subsisting and affecting the
property conveyed.
The true consideration for this conveyance consists of or includes other property or other
value given or promised.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING PEE TITLE
SI- IOUI_D INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305
TO 195.336 AND SECTIONS 5 - 1'0 11, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES
1 -- STATUTORY WARRANTY DEED
IIDX/001275/089134/Ll3 R/2795167.1
NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND
BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010
OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS
ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO
.INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, ORS 195.300, 195.301
AND 195305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007.
Executed this .5 day of t4 , 2008.
G antor:
WAI,'TER L. AMAN as President of
Aman Enterprises, Inc.
STATE OF OREGON )
S.
County of
This instrument was acknowledged before me this J _ day of ( 4W:5 , 2008,
by Walter L. Aman as President of Aman Enterprises, Inc.
EA
?TARY PUBLIC FOR OREGON KIN mmission Expires: /to - 11
gau REGON TOBER 14 2011
2 — STATUTORY WAR. AN"1'Y DEED
1 /00 1275/089134/L B R/2795167.1
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land in the Northeast quarter of Section 2, Township 2 South, Range 1 West of the
Willamette Meridian, in the County of Washington and State of Oregon, described as follows:
BEGINNING at the intersection of the Southwesterly line of Tract 10, TIGARD HIGHWAY
TRACTS, in the County of Washington and State of Oregon with the Southeasterly line of
Pacific Highway 99 West as it now exists, which beginning point is North 30° 36' West 417.25
feet from the Southwest corner of said Tract 10; thence South 30° 36' East along the
Southwesterly line of said Tract 10, a distance of 226 feet to a point; thence North 63° 24' East
parallel with the center line of Pacific highway 99 West to a point which is South 17° 34' Last
from a 5/8 inch iron pipe set in the ground, hereinafter referred to as "Pipe A ", which iron pipe is
South 17° 34' East 75.94 feet and South 60° 40' East 65.34 feet and North 63° 24' East 136.50
feet measured along the Southeasterly line of Pacific Highway 99 West as it now exists, from the
point of beginning; thence Easterly 78.71 feet, more or less, in a straight line to the Southwest
corner of a tract of land conveyed to McCall Oil Company of Tigard by Deed recorded August
20, 1969 in Book 754, Page 215, Deed Records of Washington County, which last mentioned
course shall be hereinafter referred to as "Course B "; thence East along the South line of the
McCall Oil Company Tract 173.30 feet to an iron pipe set in the Southeast corner of said McCall
Tract; thence North along the East line of the McCall Tract a distance of 30 feet to the Easterly
extension of the South line of that tract conveyed to Oak Hill Investment Corporation by Deed
recorded as Recorder's .Fee No. 82019684, Washington County Deed Records; thence West
along the Southerly lines of said Oak Hill Tract and the Easterly extension thereof, 173.30 feet to
the West line of said McCall Oil Company Tract; thence Southwesterly along the Southerly line
of said Oak Hill Tract to the Southwest corner thereof, which Southerly line is parallel to the
aforementioned "Course B "; thence along the Westerly line of said Oak Hill Tract North 17° 34'
West to said "Pipe A"; thence continuing along said Westerly line North 17° 34' West 75.95 feet;
thence North 60° 40' West 65.34 feet to a point which is on the Southeasterly line of Pacific
Highway 99 West as it now exists; thence South 63° 24' West 136.50 feet along the
Southeasterly line of Pacific Highway 99 West to the point of beginning.
EXCEPTING THEREFROM that portion, if any, which lies Southerly of that common boundary
line descried in Boundary Agreement recorded as Recorder's Fee No. 84028720, Washington
County Deed Records.
TOGETHER with that portion, if any, of that tract of land conveyed to Bissett and Bissett by
Deed recorded as Recorder's Fee No. 78051070, Washington County Deed Records, which lies
Northerly of that common boundary line described in Boundary Agreement recorded as
Recorder's Fee No. 84028720, Washington County Deed Records.
3 — STATUTORY WARRANTY DEED
P D x/001275/089134 /L B R/279 5167.1
I
Minor Modifications
Narrative
Parking Plan & Pole Sign
for
Kaufman Fly- fishing Shop
5/5/2010
RECEIVED
MAY 1 2010
CITY OF TPc3ARD
PLA^ N " :! NIGINNEER[hG
Zoning
The current City of Tigard Zoning designation is MU -CBD, a modification of the previous zoning
of CBD. The previous zoning designation of CBD was used in developing this design since there is
no affect on this project by the new zoning.
The Pacific Plaza property shares parking with the Kaufman Fly- fishing Shop property. Because of
the arbitrary location of the property line common to both properties and a shared parking
agreement between them, they should not be separated in evaluating the actual parking impacts.
For this reason, parking summaries are combined for the two properties.
Necessity
This request is the result of the proposed road construction at Hwy. 99W by Washington County.
The Owner of this property would not propose any modifications were it not an issue forced by the
loss of property and site access along his frontage to Hwy. 99W. This request addresses those site
improvements necessary accommodate the lost frontage and access and is intended to meet current
codes.
Existing Site Amenities Affected
Site Access: The two primary access points to these two properties currently provide an aggregate
of about 70 feet, but will be eliminated by the new road construction. The design proposes as wide
a single access as possible in the location dictated by the new road construction and is intended to
minimize loss of important parking spaces as well as existing landscaping. Washington County and
the City of Tigard have given preliminary approval of the proposed new access driveway location
and size.
Landscaping: Some land and existing landscaping along the Hwy 99W frontage will be lost to the
new road right -of -way construction. Existing landscaping for this site is maintained except at the
disturbed area of the frontage. The majority of the parking lot is being re- striped to allow for the
modification of access and circulation that is necessary. The design takes advantage of the
opportunity to provide two additional landscape islands in the north portion of the existing parking
lot which increases the over -all landscape area for this property.
Parking Spaces: The loss of frontage depth at both of these properties creates a significant impact
on the number of existing parking spaces. The proposed striping plan takes advantage of a more
efficient layout, brings all parking spaces into compliance with current standards, and maximizes
the number of full sized parking spaces by utilizing 26' wide access aisles. Some of the existing
spaces qualify as compact spaces and are unchanged from existing. There were no previous bicycle
parking spaces on either property. 3 bicycle spaces have been provided at each property.
Signage: The existing pole sign for this property is located adjacent to the present Hwy 99W
frontage and enjoys good visibility from both directions. The sign will have to be moved back
4 . to
from the present highly visible location adjacent to the primary traffic lane at least 18 feet. The
visibility to the new location for this sign is seriously affected because it is located behind the front
of the building it serves and it is further affected by the proposed new street trees, a bus shelter and
the reality of busses parked between the sign and the traffic lanes of Hwy 99W. The sign will be
either a new or relocated pole sign 20 feet in height as permitted by the current code.
Summary
Impacts to the Kaufman Flyfishing site resulting from the proposed Highway 99W ROW
construction are resolved by the proposed parking lot modifications and the new location for the
pole sign. The proposed parking space striping plan provides for a total of 90 automobile spaces, 4
of which are accessible and 10 of which are compact. 3 new bicycle spaces have been provided for
this property.
Respectfully submitted,
James H) Waddle, Architect