Loading...
ASSISTANCE DOG NW PLN50504 DECISION Findings, Conclusions, and Decision City of Bainbridge Island Hearing Examiner Assistance Dogs NW Education Center Major CUP No. PLN 50504 CUP Page 1 of 13 BEFORE THE HEARING EXAMINER FOR THE CITY OF BAINBRIDGE ISLAND In the Matter of the Application of ) No. PLN 50504 CUP ) Tom Kuniholm, on behalf of ) Assistance Dogs Northwest ) Education Center ) ) For Approval of a Major Conditional ) FINDINGS, CONCLUSIONS, Use Permit ) AND DECISION SUMMARY OF DECISION The request for a major conditional use permit to utilize existing buildings to operate a non-profit organization to train four to seven dogs, to assist children and adults with disabilities and other special needs, on a 2.3-acre lot located at 12107 Miller Road NE is APPROVED. Conditions are necessary to mitigate specific impacts of the proposed development. SUMMARY OF RECORD Hearing: The Hearing Examiner held an open record hearing on the request on July 11, 2018. Testimony: The following individuals testified under oath at the open record hearing: Ellen Fairleigh, City Planner Peter Corelis, City Engineering Department Heather Wright, City Planning Manager Maureen Maurer, ADNW Executive Director Stacey Goodfellow, ADNW Operations Manager Bob Brien Jason Omens Jerry Clark Exhibits: The following exhibits were admitted into the record: 1. Staff Report, dated July [sic] 29, 2018 2. Master Land Use Application, dated February 15, 2018 Findings, Conclusions, and Decision City of Bainbridge Island Hearing Examiner Assistance Dogs NW Education Center Major CUP No. PLN 50504 CUP Page 2 of 13 3. Letter from Thomas Kuniholm to City of Bainbridge Island, dated December 14, 2017 4. Letter from Maureen Maurer to Planning Department, dated December 12, 2017 5. Letter from Heather Wright to Maureen Maurer, dated June 20, 2017 6. Landscape Plan, dated February 15, 2018 7. Utilities Plan, dated February 15, 2018 8. Design Review Board Design Guideline Checklist 9. Design Review Board meeting minutes, dated June 19, 2017 10. Design Review Board regular scheduled meeting, dated May 7, 2018 11. Memo from Assistant Chief Luke Carpenter, Fire Marshal, to Ellen Fairleigh, dated March 1, 2018 12. City Letter of Transmittal, Health District Review, dated March 16, 2018, with Application Checklist, dated March 16, 2018 13. Email from Stacy Goodfellow to Ellen Fairleigh, dated April 26, 2018, with eight (8) photos 14. Site plan, dated April 30, 2018 15. Entry Plan, dated April 30, 2018 16. Barn plans a. East Elevation, dated April 30, 2018 b. Barn Floor Plan, dated April 18, 2018 c. North Elevation, undated d. South Elevation, undated e. East Elevation, undated f. West Elevation, undated 17. Kitsap County Parcel Data, received June 27, 2018 18. Public comments a. Email from Paul Zuckerman to PCD, dated April 4, 2018 b. Email from Tom Crane to PCD, dated April 5, 2018 c. Email from Karin Knight Robinson to PCD, dated April 9, 2018 d. Email from Jerry Clark to PCD, dated April 11, 2018 e. Email from Jenna Clark to PCD, dated April 12, 2018 19. Notice of Application, dated March 23, 2018, to Legal Notices for publication dated March 23, 2018, with Legal Invoice, Bainbridge Island Review, #BIR800842, dated March 30, 2018; mailing list; Affidavit of Publication, Bainbridge Island Review, dated March 23, 2018; Notice of Application ad copy, published March 23, 2018 20. Notice of Public Hearing, for publication June 15, 2018, with Legal Invoice, Bainbridge Island Review, #BIR812183, dated June 21, 2018; mailing list; Affidavit of Publication, Bainbridge Island Review, dated June 15, 2018; Notice of Public Hearing ad copy, published June 15, 2018; Certificate of Posting, dated June 13, 2018 21. City PowerPoint presentation The Hearing Examiner enters the following findings and conclusions based upon the testimony at the open record hearing and admitted exhibits: Findings, Conclusions, and Decision City of Bainbridge Island Hearing Examiner Assistance Dogs NW Education Center Major CUP No. PLN 50504 CUP Page 3 of 13 FINDINGS Application and Notice 1. Tom Kuniholm, on behalf of Assistance Dogs Northwest Education Center (Applicant), requests a major conditional use permit (CUP) to utilize existing buildings on a 2.3-acre lot to operate a non-profit organization to train four to seven dogs, to assist children and adults with disabilities and other special needs. Dogs would be kept primarily indoors and not in outdoor kennels. The property is located at 12107 Miller Road NE. Exhibit 1, Staff Report, page 1; Exhibit 2; Exhibit 6; Exhibit 7; Exhibit 14; Exhibit 15; Exhibit 16. 2. The City of Bainbridge Island (City) determined the application was complete on March 15, 2018. The City issued a Notice of Application on March 23, 2018, and published the notice in the Bainbridge Island Review the same day, with a comment deadline of April 13, 2018. Notice was also provided via a mailing list that included the Applicant. The City posted two notices of the hearing on-site on June 13, 2018, and published notice in the Bainbridge Island Review on June 15, 2018. Notice was also provided via a mailing list that included the Applicant. Exhibit 1, Staff Report, page 2; Exhibit 19; Exhibit 20. 3. The City received five public comments during the comment period, all supporting the proposed project. The City also received comments from the Kitsap Public Health District on March 16, 2018, indicating that a commercial building clearance for on-site sewage disposal would be required. On March 1, 2018, the Fire Marshal provided comments. The CUP will be conditioned to meet the fire code, including requirements for E occupancies. The City Development Engineer commented that transportation impact fees and stormwater review would occur at the time of building permit submittal. Exhibit 1, Staff Report, page 5; Exhibit 11; Exhibit 12; Exhibit 18. State Environmental Policy Act 4. The City determined that the requested CUP is exempt from review under the State Environmental Policy Act (SEPA), Chapter 43.21C Revised Code of Washington (RCW) and the Washington Administrative Code (WAC) 197-11-800.1 Comprehensive Plan and Zoning 5. The City’s Comprehensive Plan designates the property as Residential-0.4. The City identified Comprehensive Plan goals and policies that are relevant to the proposal: Economic Element goals seek to encourage a broad range of civic activities and organizations, and the policies encourage education institutions. Land Use Element goals include ensuring a development pattern that is true to the vision for Bainbridge Island by 1 The City did not provide a specific SEPA categorical exemption. SEPA provides categorical exemptions , however, for minor construction (WAC 197-11-800(1)) or modifications to buildings. WAC 197-11- 800(2)(f). Findings, Conclusions, and Decision City of Bainbridge Island Hearing Examiner Assistance Dogs NW Education Center Major CUP No. PLN 50504 CUP Page 4 of 13 encouraging improvement of underutilized developments over development of previously undeveloped property.2 Exhibit 1, Staff Report, pages 5 and 6. 6. The property is located in the City’s Residential zone (R-0.4), which allows one unit per 2.5 acres. Educational facilities are allowed in the R-0.4 zone, with CUP approval. A CUP is a mechanism by which the City may require specific conditions on development, or on the use of land, to ensure that designated uses or activities are compatible with other uses in the same zone and in the vicinity of the property. If imposition of conditions will not make a specific proposal compatible, the proposal shall be denied. BIMC 2.16.110.A. 7. The allowable lot coverage in the R-0.4 zone is 10 percent, with education uses limited to 50 percent. Existing and future buildings would be limited to 5,009 square feet. The property has existing lot coverage of 3,912 square feet. Existing structures are located within the required 25-foot minimum front and rear yard setbacks and 15-foot minimum side yard setback. No height increases are proposed. The Applicant would comply with noise levels established in BIMC 16.16.020 and 16.06.040.A. BIMC 18.12.020; Exhibit 1, Staff Report, page 9. Existing Site 8. The 2.3-acre site contains slopes between 15 and 39 percent, with slopes greater than 40 percent near the northern property line. A Type F stream is located to the north of the property with a 200-foot stream buffer than extends onto the property to include an existing residence. A garage, guest house, and barn structure are located south of the residence. Exhibit 1, Staff Report, page 4. Critical Areas 9. A Type F stream is located to the north of the property, with a 200-foot stream buffer that extends onto the site. A fence in the northern portion of the site, as well as the existing residence, is located within the stream buffer. The proposed site improvements do not include any additional encroachments into the critical area or buffer. The City determined that the proposed addition of a disabled/unisex bathroom within the existing footprint of the existing residence would comply with the critical areas ordinance concerning alteration or remodeling of existing structures. BIMC 16.20.050.A. Proposed Americans with Disabilities Act (ADA) accessible walkways on the southern portion of the site would be located outside of the critical areas buffer. All of Bainbridge Island is classified as an aquifer recharge area. The City determined that the proposal is exempt from the Aquifer Recharge Protection Area requirement for a Site Assessment Review. The landscape plan shows tree canopy surrounding the existing residence on the east, north, and west sides, as well as a “Geologically Hazardous Slope per Kitsap Co.” in the 2 City staff identified Comprehensive Plan Economic Element Goal EC-4 and Policy EC 4.3; and Land Use Element Goal LU-6. Exhibit 1, Staff Report, pages5 and 6. Findings, Conclusions, and Decision City of Bainbridge Island Hearing Examiner Assistance Dogs NW Education Center Major CUP No. PLN 50504 CUP Page 5 of 13 northwest corner of the property. BIMC 16.20.100.C. Exhibit 1, Staff Report, pages 12 and 13; Exhibit 6. Institutions in Residential Zones and Design Review 10. The City determined that the proposed use is an education facility in a residential zone and that the additional decision criteria in BIMC 2.16.110.E should apply. The Applicant submitted a checklist for review under the general guidelines for “Commercial and Mixed-Use Design Guidelines for All Zoning Districts,” which was reviewed by the City’s Design Review Board (DRB) on June 19, 2017. The DRB recommended approval of the proposed use on May 7, 2018. BIMC 18.18.030. City staff determined that the existing residence and buildings are compatible with surrounding residential uses and that only minor alterations to existing structures are proposed. At a Development Review Committee meeting on June 27, 2018, the City determined that the existing landscaping along Miller Road NE and the access easement is adequate and waived requirements for a 25-foot, full-screen perimeter buffer along the access easement and a 25-foot, partial- screen buffer along Miller Road NE. Exhibit 1, Staff Report, pages 10 through 12; Exhibit 8; Exhibit 9; Exhibit 10. Access, Parking, and Traffic 11. Access to the property is provided by an existing 30-foot gravel access easement along the southern perimeter of the property. A gated entry off Miller Road NE would be used only for maintenance vehicles. A total of seven parking spaces would be provided, including three new parking spaces, two of which would be ADA accessible. Three parking spaces would be located in front of the existing barn at the entrance to the site. Four additional parking spaces for staff would be available in a gavel lot adjacent to the garage. See BIMC 18.15.020. The proposed use would have up to four customers on- site at one time. The Applicant would pay traffic impact fees at the building permit stage. The City Engineer determined that neighboring streets are adequate to handle increased traffic; that a paved apron is required at Miller Road NE and must be in place prior to issuance of the final building permit; and that the access road should be a minimum of 12 feet wide. Walkways between buildings would be surfaced with non-skid hard surfaces and designed to provide a minimum of five feet of unobstructed width. BIMC 18.15.030. The proposed project would not interfere with future improvements along Miller Road NE. Exhibit 1, Staff Report, pages 4, 7, 9, 10, 14, and 16. Stormwater 12. The City will conduct detailed stormwater review at the building permit stage. The Applicant must obtain a Commercial Building Clearance prior to building permit issuance. The City Engineer reviewed the application and determined that the proposed use conforms to regulations concerning drainage in Chapters 15.20 and 15.21 BIMC, and would not cause an undue burden on the drainage basin or unreasonably interfere with the use and enjoyment of properties downstream. Exhibit 1, Staff Report, pages 5 and 9. Findings, Conclusions, and Decision City of Bainbridge Island Hearing Examiner Assistance Dogs NW Education Center Major CUP No. PLN 50504 CUP Page 6 of 13 Utilities 13. The property is outside of City water and sewer services. North Bainbridge KPUD provides water to the site. A septic system is located on-site. The Bainbridge Island Police Department and Bainbridge Island Fire District provides police and fire service. Exhibit 1, Staff Report, pages 4 and 10. Testimony 14. City Planner Ellen Fairleigh testified generally about the application review process, explaining that the City reviewed the application for consistency with the major conditional use permit criteria. BIMC 2.16.110.D. She noted that Chapter 18.15 BIMC would usually require a 25-foot, full-screen landscape buffer along an access easement on the south side of the site and a 25-foot, partial-screen landscape buffer along Miller Road NE, but that the City waived these requirements as authorized by BIMC 2.16.110.E.6, and because City staff determined that both of these areas are well vegetated. Ms. Fairleigh testified that up to 10 percent of existing structures may be altered within a critical area and that this proposal involves 5 percent. She agreed that a condition to require City approval for any additional proposed building alteration should be added. She noted that the existing fence on the property delineates a disturbed area and that it should not be extended. She testified that the public comments submitted on the CUP application were all supportive of the proposal. Exhibit 21; Testimony of Ms. Fairleigh. 15. Assistance Dogs Northwest (ADNW) Executive Director Maureen Maurer testified that ADNW has been a tax-deductible organization for 20 years. It trains dogs for disabled persons, and for some facilities including hospitals and courtrooms. She testified that dogs are strictly controlled, and waste is picked up several times per day and taken off- site. Dogs would be allowed outside, but would be restricted to occupying a fenced area. Stacey Goodfellow, ADNW Operations Manager, testified ADNW dogs are trained to be calm and not bark. Testimony of Ms. Maurer and Ms. Goodfellow. 16. Bob Brien, a property owner to the west, testified about his concerns with potential adverse impacts on his property. He noted that the current access road to the property is about ten feet wide, which does not allow cars to pass. Jason Omens, another nearby resident, also expressed concern about the access road, and asked if it will be improved. Ms. Maurer responded that ADNW would improve the easement to 12 feet wide, and would be planting trees along some of the easement area. In addition, the easement road will be resurfaced with an all-weather surface. Testimony of Mr. Brien, Mr. Omens, and Ms. Maurer. 17. Peter Corelis, City Engineer II, testified that recommended Condition 12 would ensure that the access road would be a minimum of 12 feet wide. City Planning Manager Heather Wright testified that the proposed use would not result in additional Findings, Conclusions, and Decision City of Bainbridge Island Hearing Examiner Assistance Dogs NW Education Center Major CUP No. PLN 50504 CUP Page 7 of 13 encroachment into the stream buffer. Testimony of Mr. Corelis and Ms. Wright. Staff Recommendation 22. City staff determined that the proposed CUP, with conditions, would be consistent with the City’s Comprehensive Plan, municipal code, and development standards, including BIMC 2.16.110; Chapters 16.16, 16.20, 18.09, 18.12, 18.15, and 18.18 BIMC. City staff recommended approval of the major CUP, with 15 conditions. Exhibit 1, Staff Report, pages 2, 14, and 15. CONCLUSIONS Jurisdiction The Hearing Examiner is granted jurisdiction to hear and approve, approve with conditions, or deny applications for conditional use permits under BMIC 2.14.030 and BMIC 2.16.110.D. Criteria for Review A major conditional use permit is a mechanism by which the city may require specific conditions on development or the use of land to ensure that designated uses or activities are compatible with other uses in the same zone and in the vicinity of the subject property. If imposition of conditions will not make a specific proposal compatible the proposal shall be denied. BIMC 2.16.110.A. A conditional use may be approved or approved with conditions if: a. The conditional use is harmonious and compatible in design, character and appearance with the intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property; provided, that in the case of a housing design demonstration project any differences in design, character or appearance that are in furtherance of the purpose and decision criteria of BIMC 2.16.020.Q shall not result in denial of a conditional use permit for the project; and b. The conditional use will be served by adequate public facilities including roads, water, fire protection, sewage disposal facilities and storm drainage facilities; and c. The conditional use will not be materially detrimental to uses or property in the vicinity of the subject property; and Findings, Conclusions, and Decision City of Bainbridge Island Hearing Examiner Assistance Dogs NW Education Center Major CUP No. PLN 50504 CUP Page 8 of 13 d. The conditional use is in accord with the comprehensive plan and other applicable adopted community plans, including the Island-Wide Transportation Plan; and e. The conditional use complies with all other provisions of the BIMC, unless a provision has been modified as a housing design demonstration project pursuant to BIMC 2.16.020.Q; and f. All necessary measures have been taken to eliminate or reduce to the greatest extent possible the impacts that the proposed use may have on the immediate vicinity of the subject property; and g. Noise levels shall be in compliance with BIMC 16.16.020 and 16.16.040.A; and h. The vehicular, pedestrian, and bicycle circulation meets all applicable city standards, unless the city engineer has modified the requirements of BIMC 18.15.020.B.4 and B.5, allows alternate driveway and parking area surfaces, and confirmed that those surfaces meet city requirements for handling surface water and pollutants in accordance with Chapters 15.20 and 15.21 BIMC; and i. The city engineer has determined that the conditional use meets the following decision criteria: i. The conditional use conforms to regulations concerning drainage in Chapters 15.20 and 15.21 BIMC; and ii. The conditional use will not cause an undue burden on the drainage basin or water quality and will not unreasonably interfere with the use and enjoyment of properties downstream; and iii. The streets and pedestrian ways as proposed align with and are otherwise coordinated with streets serving adjacent properties; and iv. The streets and pedestrian ways as proposed are adequate to accommodate anticipated traffic; and v. If the conditional use will rely on public water or sewer services, there is capacity in the water or sewer system (as applicable) to serve the conditional use, and the applicable service(s) can be made available at the site; and Findings, Conclusions, and Decision City of Bainbridge Island Hearing Examiner Assistance Dogs NW Education Center Major CUP No. PLN 50504 CUP Page 9 of 13 vi. The conditional use conforms to the “City of Bainbridge Island Engineering Design and Development Standards Manual,” unless the city engineer has approved a variation to the road standards in that document based on his or her determination that the variation meets the purposes of BIMC Title 17. j. If a major conditional use is processed as a housing design demonstration project pursuant to BIMC 2.16.020.Q, the above criteria will be considered in conjunction with the purpose, goals, policies, and decision criteria of BIMC 2.16.020.Q. BIMC 2.16.110.D.1. “If no reasonable conditions can be imposed that ensure the application meets the decision criteria of this chapter, then the application shall be denied.” BIMC 2.16.110.D.2. The City has determined that the proposal is categorized as an educational facility under BIMC Table 18.09.020, and must also meet the decision criteria for institutions in residential zones: 1. All sites must front on roads classified as residential suburban, collector, or arterial on the Bainbridge Island functional road classification map. 2. If the traffic study shows an impact on the level of service, those impacts have been mitigated as required by the city engineer. 3. If the application is located outside of Winslow study area, the project shall provide vegetated perimeter buffers in compliance with BIMC 18.15.010. 4. The proposal meets the requirements of the commercial/mixed use design guidelines in BIMC 18.18.030.C. 5. The scale of proposed construction including bulk and height and architectural design features is compatible with the immediately surrounding area. 6. If the facility will have attendees and employees numbering fewer than 50 or an assembly seating area of less than 50, the director may waive any or all the above requirements in this subsection E, but may not waive those required elsewhere in the BIMC. 7. Lot coverage does not exceed 50 percent of the allowable lot coverage in the zone in which the institution is located, except that public schools and governmental facilities, as defined in BIMC Title 18, that are located in the R-0.4 Findings, Conclusions, and Decision City of Bainbridge Island Hearing Examiner Assistance Dogs NW Education Center Major CUP No. PLN 50504 CUP Page 10 of 13 zoning district shall be allowed 150 percent of the lot coverage established in the R-0.4 zoning district, and such public schools and governmental facilities located in other zoning districts shall be allowed 100 percent of the lot coverage established in the underlying zoning district in which the facility is located, unless, regardless of which zoning district such a facility is located, conditions are required to limit the lot coverage to mitigate impacts of the use. BIMC 2.16.110.E. The criteria for review adopted by the City Council are designed to implement the requirement of Chapter 36.70B RCW to enact the Growth Management Act. In particular, RCW 36.70B.040 mandates that local jurisdictions review proposed development to ensure consistency with City development regulations, considering the type of land use, the level of development, infrastructure, and the characteristics of development. RCW 36.70B.040. Conclusions Based on Findings 1. With conditions, the proposal would be meet the major CUP criteria of BIMC 2.16.110.D.1. The proposed use would not result in significant changes to the design, character, or appearance of the area and would continue to be harmonious and compatible with development in the vicinity. The City Engineer determined that the proposed use would be adequately served by public facilities, including roads and waters, and that fire protection, sewage disposal, and storm water requirements would be addressed at building permit review. The property is already screened from Miller Road NE, as well as from the access road. The proposed use would not be open to the general public, and the number of dogs on-site would be limited to seven and would primarily be kept indoors, and not in outdoor kennels. The proposed use would be consistent with the Comprehensive Plan, which encourages non-profit organizations as part of its Economic Element and would not impede the Island-Wide Transportation Plan. The proposed use complies with all other provisions of the BIMC and is not part of any housing design demonstration project. The Applicant would comply with the noise levels established by the City. The City Engineer determined that the proposed use would meet the requirement for vehicular circulation on-site. With conditions, all necessary measures have been taken to eliminate, or reduce to the greatest extent possible, the impacts that the proposed use may have on the immediate vicinity of the property. Conditions are necessary, including those to ensure that the project is constructed in substantial compliance with the site plans dated April 30, 2018; that the Applicant obtains all appropriate City permits, licenses, and a Commercial Building Clearance from the Kitsap Public Health District; that the Applicant complies with the Fire Code; maintains the existing landscape buffers; installs a parking sign; records a declaration with the Kitsap County auditor that the CUP has been granted; provides internal walkways with Findings, Conclusions, and Decision City of Bainbridge Island Hearing Examiner Assistance Dogs NW Education Center Major CUP No. PLN 50504 CUP Page 11 of 13 non-skid surfaces, meets accessibility requirements and provides a minimum of five feet of unobstructed width; provides a minimum access road of 12 feet in width; conducts a stormwater review at the time of building permit issuance; constructs a City-compliant paved apron, at Miller Road NE and the access easement, prior to finalizing the building permit; pays traffic impact fees at the building permit stage; obtains City approval for any additional building expansion; keeps dogs inside for the most part or, if outside, limited to the south side of the property, and limits the proposed use to seven dogs. Findings 1-9, 11-22. 2. With conditions, the proposal would be meet the additional major CUP criteria of BIMC 2.16.110.E for institutions in Residential zones. The property fronts Miller Road NE, a secondary arterial road. No impacts to traffic that would reduce the level of service were identified. The Design Review Board reviewed the Applicant’s checklist and recommend approval of the proposed use. The existing buildings are compatible with the surrounding residential uses, with only minor alternations proposed. Lot coverage would meet the City code. Conditions of approval are necessary to ensure the proposed development is consistent with City code requirements, and does not have adverse impacts on surrounding properties. Findings 1-22. DECISION Based on the preceding findings and conclusions, the request for a major conditional use permit to utilize existing buildings to operate a non-profit organization to train four to seven dogs, to assist children and adults with disabilities and other special needs, on a 2.3-acre lot located at 12107 Miller Road NE is APPROVED, with the following conditions:3 1. Except for modifications reflecting compliance with these conditions of approval, the project shall be constructed in substantial conformance with the site plans dated April 30, 2018. 2. Prior to construction activity, the Applicant shall obtain the appropriate permits from the City of Bainbridge Island, including but not limited to clearing, grading, right-of- way, sign, and building permits as applicable. 3. The Applicant must obtain a business license from the City of Bainbridge Island prior to occupancy. 4. A Commercial Building Clearance from the Kitsap Public Health District is required prior to building permit issuance. 3 Conditions include both legal requirements applicable to all developments and conditions to mitigate the specific impacts of this development. Findings, Conclusions, and Decision City of Bainbridge Island Hearing Examiner Assistance Dogs NW Education Center Major CUP No. PLN 50504 CUP Page 12 of 13 5. To mitigate potential off-site glare, any outdoor lighting shall be hooded and shielded to prevent lighting spillover beyond the property line. 6. The project shall comply with all applicable provisions of the adopted Fire Code, including meeting the requirements for E occupancies to the satisfaction of the Bainbridge Island Fire Department. 7. Existing vegetation within the landscape buffers along the access easement and Miller Road NE shall be maintained. No vegetation within the buffers shall be disturbed without approval of the Department of Planning and Community Development through an approved clearing permit. 8. A sign will be installed on the property clearly identifying the location of additional parking spaces in the gravel parking lot. 9. The owner shall record a declaration with the Kitsap County auditor showing the land to be bound by a conditional use permit. The declaration shall reference the official files of the City through which the permit was granted and shall be a covenant running with the land. No building permit for the project will be issued until such declaration is recorded. 10. At the time of building permit, internal walkways shall be surfaced with non-skid hard surfaces, such as permeable pavement, meet accessibility requirements and be designed to provide a minimum of five feet of unobstructed width. 11. Construction time limitations will be included as a condition of the building permit. 12. The access road must be a minimum of 12 feet wide. 13. Stormwater review of the proposed site improvements will occur at the building permit stage. 14. A paved apron is required at Miller Road NE and the access easement in compliance with the City of Bainbridge Island Engineering Design and Development standards per standard drawing DWG.8-170. The apron must be in place prior to final issuance of the building permit. 15. Traffic impact fees for the change in use shall be required at building permit stage. 16. When not being trained, dogs shall be kept inside. If allowed outside, dogs shall be kept on the south side away from the Type F stream. Findings, Conclusions, and Decision City of Bainbridge Island Hearing Examiner Assistance Dogs NW Education Center Major CUP No. PLN 50504 CUP Page 13 of 13 17. Up to seven dogs may reside on the site at any one time, and up to 12 dogs may be involved in training classes. 18. No alteration to existing structures on the property beyond that proposed in this CUP application shall take place without additional City review and approval. DECIDED this 20th day of July 2018. THEODORE PAUL HUNTER Hearing Examiner Sound Law Center