Walla Walla County Community Development Department
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1 Walla Walla County Community Development Department 310 W. Poplar Street, Suite 200, Walla Walla, WA / Main Date: January 30, 2017 To: Walla Walla County Planning Commission From: Tom Glover, Director Lauren Prentice, Principal Planner RE: Public Hearing Agenda Item No. 1 Zoning code text amendments relating to agritourism and value-added agriculture processing uses. Dockets No. ZCA16-004, ZCA Background and Summary of Amendments An application by Susan Buchanan to amend Walla Walla County Code (WWCC) Section and Chapter was received by the Community Development Department on March 31, Please refer to Item 1 in the notebook to review the material submitted by the Applicant and all previous meeting materials. The applicant proposed the following amendments. Amend WWCC Chapter to define value-added agriculture and Agritourism. Value-added agriculture means the production, storage, marketing, and distribution of valueadded agricultural products, including support services that facilitate these activities. This definition excludes the uses of winery type I and winery type II. Agritourism is short for agricultural tourism and refers to agriculturally related experiences provided for the enjoyment, entertainment, or education of visitors and which generates supplemental income for a working farm upon which the principal land use is agriculture, specifically the growing of crops. Amend WWCC , Permitted Uses, to allow these two uses outright in the Agriculture Residential 10 (AR-10) zoning district. Alternative Proposal Staff recommends that this application be replaced. Included as Attachment 1 is a copy of the proposed alternative amendments; these are the same as the draft reviewed at the last workshop meeting. Developed by staff and the Planning Commission and discussed at several workshop meetings, the County-drafted alternative amendments are intended to achieve the following goals, in addition to meeting the criteria in WWCC B.3 and being consistent with the Comprehensive Plan. 1. Address potential conflicts with existing regulations that relate to specific agritourism and value-added agriculture uses (e.g. wedding and event centers, produce markets, wineries, bed and breakfasts) already addressed in the code. 2. Address concerns by staff and the Planning Commission that the Applicant s proposed definitions were too broad and did not adequately consider potential land use conflicts. 3. Expand the amendments to allow for these uses to be in more zoning districts than just the AR-10 district. This extends similar opportunities to property owners in other agricultural and rural districts and reduces the likelihood that the County will have to review this issue again in the near future. The proposed alternative amendments, shown in Attachment 1, would add two new definitions to the code in Chapter 17.08: small-scale value added agriculture processing and agritourism enterprise. The proposed definitions both contain specific conditions and requirements that permits be obtained. Attachment 1 also includes proposed amendments to Section , the Staff Report: Susan Buchanan (ZCA16-004) and ZCA Page 1 of 4 February 1, 2017 Final Docket PC Hearing
2 permitted uses table, to establish these uses as allowed uses in all of the County s agricultural districts, most rural zones, and the Industrial Agriculture districts. In most areas, this would be permitted outright, with land use approval subject only to Type 1 administrative review of a permit. An administrative conditional use permit would be required in more densely populated rural zones (Rural Residential 2, Rural Residential 5, and Rural Residential Mill Creek 5), where there is a higher probability that these uses may generate some nuisance conditions or be incompatible with rural neighborhood characteristics. Administrative conditional use permits are subject to Type 2 administrative review which requires public notice and compliance with conditional use permit criteria, but no public hearing. Staff Recommendation Staff recommends that the proposed code amendments ZCA (Buchanan) be substituted with and replaced by the proposed alternative code amendments set forth in the February 1 staff report, and that those code amendments be recommended for approval to the Board of County Commissioners. Staff has concluded that these amendments meet the review criteria in WWCC B(3). Recommended Motion I move that proposed code amendments ZCA (Buchanan) be substituted with and replaced by the proposed alternative code amendments set forth in the February 1 staff report to the Commission, and that those code amendments be recommended for approval by the Planning Commission to the Board of County Commissioners. Attachments 1. Proposed alternative amendments to WWCC Chapters 17.08, Development Regulations Amendment Process Walla Walla County Code Section Preliminary docket Adoption of final docket 3. RCW 36.70A.177: Agricultural lands Innovative zoning techniques Accessory uses. 4. Notice of Public Hearing and Informational Public Meeting and Certificate of Notification Refer to Item 1 in the notebook to review the material submitted by the Applicant and all previous meeting materials. Analysis Zoning Code Text Amendment Review Criteria For each proposed amendment, the Planning Commission shall recommend that a proposed amendment be approved, approved with modifications, or denied based on the following criteria from Walla Walla County Code B(3). Criteria: The amendment is consistent with the comprehensive plan. Staff Discussion: The proposed amendments are consistent with the following goals and policies of the Comprehensive Plan. The proposed amendments relate to lands in the County s rural, industrial agriculture, and resource zoning districts. Economic Development Goals and Policies, Chapter 11 Goal ED-4. Recognize and support traditional agriculture and other natural resourcebased industries, and also support developing nontraditional agricultural and resource-based businesses. Goal ED-6. Support existing and new businesses by ensuring that requirements and timelines are clearly defined and communicated, and permit decisions are made in a timely manner. Staff Report: Susan Buchanan (ZCA16-004) and ZCA Page 2 of 4 February 1, 2017 Final Docket PC Hearing
3 Rural Lands Goals and Policies, Chapter 6 Goal RL-2. Plan rural areas for a diversity of living and working situations that will provide residents with an opportunity to make economic and lifestyle choices. Goal RL-5. Provide opportunities to strengthen the economic well-being of rural areas through home-based occupations; home-based and small resource-based industry; commercial and public facilities designed to serve the communities in which they are located; and traveler and tourist attractions provided that they are rural in character and can be supported by rurallevel services. Policy RL-1. Give preference to land uses in rural areas that are related to agriculture, mining, rural residential development, tourism, outdoor recreation, and other open space activities. As noted above, the proposed amendments will provide an additional business opportunity for rural property owners. Resource Lands Goals and Policies, Chapter 6 Goal RL-21. Protect and conserve long-term, commercially viable forest, agricultural and mineral resource lands. Goal RL-22. Maintain the current quality of life for County residents, while maximizing on the opportunity to make efficient use of resource land and improve the economic base of the County. Policy RL-44. Ensure that preferred land uses in agricultural areas are related to farming, ranching, and open space activities in areas designated as agricultural. Limited outdoor recreation uses are allowed, and mining is allowed with certain restrictions. Zoning standards shall limit nonagricultural accessory uses on designated agricultural lands. Policy RL-47. Recognize that changing technologies and other circumstances can drastically alter farming practices and reflect these changes in agricultural practices in future code revisions. Policy RL-55. Require that land use activities within or adjacent to resource lands are sited and designated to minimize conflicts with and impacts on resource lands. Minimization of impacts may be accomplished through the use of setbacks, buffers and other requirements. These amendments will provide an opportunity for additional agritourism and small-scale value-added agriculture processing uses to be allowed in resource zones and promote commercially viable agricultural uses. Attachment 3 includes the section of the Growth Management Act that relates to accessory uses in agricultural zones. RCW (3) states in subsection (a) that accessory uses shall be located, designed, and operated so as to not interfere with, and support, the continuation of, the overall agricultural use of the property and neighboring properties. This section continues to defined agricultural accessory uses, as opposed to nonagricultural accessory uses. These uses are defined as uses and activities related to the storage, distribution, and marketing of regional agricultural products from one or more producers, agriculturally related experiences, or the production, marketing or distribution of value-added agricultural products, including support services that facility these activities. This section also grants counties and cities the authority to limit or exclude any accessory uses. The proposed categories of uses clearly meet the definition of agricultural accessory uses which should be priority uses in agricultural zones because they help conserve agricultural lands and encourage the agricultural economy. Staff Report: Susan Buchanan (ZCA16-004) and ZCA Page 3 of 4 February 1, 2017 Final Docket PC Hearing
4 Criteria: The amendment meets a definable public need. Staff Discussion: Specific agritourism and value-added agriculture processing uses have been included in the code (e.g. wineries, crop mazes, produce markets, event centers), but the code does not provide other agricultural producers the same opportunity. The proposed alternative amendments would address this whole in the code by generally addressing all small-scale agritourism and value-added agriculture processing uses. a. Criteria: The amendment is in the long term interest of the County. Staff Discussion: These amendments are in the long term interest of the County because they will support the agricultural economy. Findings of Fact 1. The application was submitted to the Community Development Department on March 31, 2016 by Susan Buchanan. 2. The Planning Commission held a public workshop on May 4, The Board of County Commissioners (BOCC) placed these applications on the 2016 Final Docket on September 6, 2016 by Resolution On September 7, 2016, the Planning Commission discussed the proposed amendments in a workshop meeting. 5. A copy of the proposed amendments was sent to the Washington State Department of Commerce on September 9, 2016 as required by RCW 36.70A.106. The 60-day review period ended on November 8. No comments from State agencies were submitted. 6. On October 5, 2016, the Planning Commission discussed the proposed amendments in a workshop meeting. 7. On November 2, 2016, the Planning Commission discussed the proposed amendments in a workshop meeting. 8. On December 7, 2016, the Planning Commission discussed the proposed amendments in a workshop meeting. 9. On January 4, 2017, the Planning Commission discussed the proposed amendments in a workshop meeting. 10. A copy of the proposed alternative amendments was sent to the Washington State Department of Commerce on January 18, 2017 as required by RCW 36.70A.106 with an expedited review request. 11. A Notice of Public Hearing and Informational Public Meeting was posted on the Community Development Department website on January 18, A Notice of Public Hearing and Informational Public Meeting was published in the Waitsburg Times, the Walla Walla Union Bulletin, and the Tri-City Herald on January 19, A Notice of Public Hearing and Informational Public Meeting was mailed to the applicant and other parties on January 20, On February 1, 2017, an Informational Public Meeting was held. 15. On February 1, 2017, a public hearing was held by the Planning Commission. Conclusion of Law 1. The proposed amendments have been reviewed pursuant to Walla Walla County Code Sections B(3). 2. The proposed amendments are consistent with the Walla Walla County Comprehensive Plan. 3. As proposed, the amendments should not have a significant adverse impact on public welfare and safety. Staff Report: Susan Buchanan (ZCA16-004) and ZCA Page 4 of 4 February 1, 2017 Final Docket PC Hearing
5 ATTACHMENT 1 Recommended changes to amendments New definition to be added to Chapter 17.08, Definitions: Small scale value-added agriculture processing means the production, storage, marketing, and distribution of regional agricultural products from one or more producers, including support services that facilitate these activities. Value-added agricultural products may be defined as any agricultural commodity that meets at least one of the following categories: a. Has undergone a change in physical state; b. Was produced in a manner that enhances the value of the agricultural commodity; c. Is aggregated and marketed as a locally-produced agricultural food product. The processing facility shall meet the following conditions: a. The facility is not a slaughterhouse or mushroom substrate production facility; b. The facility is not a source of farm- or ranch-based renewable energy, including E-85 fuel (except for own use); c. The facility is supplemental and related to the primary permitted use; d. The facility processes at least 50 percent agricultural goods produced in Walla Walla County; e. The facility may conduct on-site retail sales of value-added products produced by the processing facility, or farm or ranch, in a market area that is not larger than 400 square feet; f. Ancillary retail sales of products not grown or produced by the processing facility, or farm or ranch, must be confined to fifteen percent of the total gross floor space of the retail area (maximum of 60 square feet), and must be clearly accessory to retail sales and marketing of the processing facility. g. The total gross floor area of the facility shall not exceed 12,000 square feet. a. A permit is required for all small scale value-added agriculture processing facilities. Permit review shall be limited to determining that the proposed facility meets the conditions listed above, provides adequate parking, and is compliant with other applicable development regulations. A permit may be revisited by the Walla Walla County Community Development Department if any of the activities are determined to be outside of the scope, purpose, and/or use of the processing facility. New definition to be added to Chapter 17.08, Definitions Agritourism enterprise refers to agriculturally related experiences provided on a working farm or ranch for the enjoyment, entertainment, or education of the public or invited groups. The agritourism enterprise shall support, promote, or sustain agricultural operations and production. The following activities marketed to the general public or invited groups constitute agritourism enterprises: farm or ranch tours, hayrides, u-pick operations, classes, on-site retail sales, or picnic facilities. An agritourism enterprise does not include produce stands or markets as defined in Chapter The enterprise shall meet the following conditions: b. An agritourism enterprise shall not provide any lodging for guests or employees, or include a restaurant or event facilities, unless otherwise allowed in the code. c. The agritourism enterprise may conduct on-site retail sales of products grown by the farm or ranch in a market area that is not larger than 400 square feet;
6 d. Ancillary retail sales of products not grown or produced by the farm or ranch must be confined to fifteen percent of the total gross floor space of the retail market area (maximum of 60 square feet), and must be clearly accessory to retail sales and marketing of the farm. Ancillary retail sales of products not grown or produced by the farm or ranch must be confined to fifteen percent of the total gross floor space of the retail market area (maximum of 60 square feet), and must be clearly accessory to retail sales and marketing of the farm or ranch. e. A permit is required for all agritourism enterprises except as listed under (e). Permit review shall be limited to determining that the proposed enterprise meets the conditions listed above, provides adequate parking, and is compliant with other applicable development regulations. A permit may be revisited by the Walla Walla County Community Development Department if any of the activities are determined to be outside of the scope, purpose, and/or use of the agritourism enterprise. f. The following activities are exempt from the agritourism enterprise permit because they are considered to be part of the regular operation of a farm or ranch, provided that adequate off-street parking is available and specific ingress and egresses are designated and permitted. 1. Farm or ranch tours offered no more than four times per year. 2. Stand-alone u-pick operations not conducted on the same farm or ranch that offers other agritourism experiences.
7 Amendments to WWCC , Permitted Uses Table, Resource Land Uses table: Wineries are included in the Industrial/Manufacturing Land Uses table, but are shown here for reference. Zone Resource Rural Urban Residential Misc. PA- 40 EA- 120 GA- 20 AR- 10 RR- 40 RR- 20 RA- 10 RA- 5 RRMC- 5 RR- 2 RR- 5 R- 96 R- 72 R- 60 RM RD- R RD- CI RFC RAC Specific Use *Agritourism enterprise *Small scale value-added agriculture processing * Winery Type I * Winery Type II * Accessory Use P2 P2 P2 P2 P2 P2 P2 P2 AC2 AC2 AC2 P2 P2 P2 P2 P2 P2 P2 P2 P2 AC2 AC2 AC2 P2 P3 P3 P3 P3 C3 P3 P3 P3 P3 P3 P3 P3 P3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 C3 P3 C3 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 Zone Industrial and Commercial Misc. IA-M IA-H HI LI I/BP NC CG BC BR PR SPECIFIC USE *Agritourism enterprise P2 P2 *Small scale value-added agriculture processing P2 P2 * Winery Type I P3 P3 P3 P3 P3 P3 P3 P3 * Winery Type II P3 P3 P3 P3 P3 P3 P3 P3 * Accessory Use P1 P1 P1 P1 P1 P1 P1 P1 P1 P1 F. Resource Land Uses Development Conditions. 1. An accessory use, structure or activity clearly incidental to a permitted use and which will not create a nuisance or hazard is permitted. 2. A permit is required for all agritourism enterprises and value-added agriculture processing facilities.
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9 ATTACHMENT 2 Development Regulations Amendment Process Final docket Review and recommendation. A. Required Information. The community development department shall compile a preliminary docket of proposed amendments. The preliminary docket shall include at least the following information for each proposed amendment: 1. Docket number; and 2. Name and address of the person or agency proposing the amendment; and 3. Summary of the proposed amendment; and 4. Date of application; and 5. Address or section, township and range of the location of the amendment, if applicable. B. Available for Public Review. The community development department shall keep the preliminary docket available for public review during normal business hours. C. Community Development Department Review. After compiling the preliminary docket, the director shall review the suggested amendments and prepare a staff report to the planning commission recommending which proposed amendments should be placed on the final docket. The staff report shall address the following criteria: 1. The amendment is consistent with the comprehensive plan; and 2. The amendment is consistent with other development regulations, unless accompanied by amendments to such other development regulations; and 3. The amendment is appropriate for consideration at this time. D. Planning Commission Review. All proposed amendments shall be reviewed and assessed by the planning commission, which shall make a recommendation to the board of county commissioners after considering the staff report prepared by the director. 1. Workshop Meeting. The planning commission may first review the recommendations of the director in a workshop meeting(s) 2. Public Hearing. The planning commission shall conduct a public hearing on the proposed amendments on the preliminary docket as set forth in Sections and of this title. 3. Recommendations. Following the hearing, the planning commission shall make a recommendation to the board of county commissioners on each proposed amendment as to whether or not the amendment should be placed on the final docket. The planning commission's recommendation shall be based upon the following criteria: a. The amendment is consistent with the comprehensive plan; and b. The amendment is consistent with other development regulations, unless accompanied by amendments to such other development regulations; and c. The amendment is appropriate for consideration at this time. E. Board of County Commissioner's Decision Adoption of Final Docket. 1. Review and Decision Process. The board of county commissioners shall review and consider the planning commission's report and recommended final docket at a regularly scheduled commissioner's meeting. The board of county commissioners may adopt the planning commission's recommended final docket without a public hearing; however, in the event that a majority of the board of county commissioners decides to add or subtract proposed amendments, it shall first conduct a public hearing as set forth in Sections and of this title. 2. Effect of Final Adopted Docket. The decision of the board of county commissioners to adopt the final docket does not constitute a decision or recommendation that the substance of any recommended amendment should be adopted. No additional amendments shall be considered after adoption of the final docket for that year except for exceptions as set forth in Section
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11 ATTACHMENT 3 RCW 36.70A Agricultural lands Innovative zoning techniques Accessory uses. 1. A county or a city may use a variety of innovative zoning techniques in areas designated as agricultural lands of long-term commercial significance under RCW 36.70A.170. The innovative zoning techniques should be designed to conserve agricultural lands and encourage the agricultural economy. Except as provided in subsection (3) of this section, a county or city should encourage nonagricultural uses to be limited to lands with poor soils or otherwise not suitable for agricultural purposes. 2. Innovative zoning techniques a county or city may consider include, but are not limited to: a. Agricultural zoning, which limits the density of development and restricts or prohibits nonfarm uses of agricultural land and may allow accessory uses, including nonagricultural accessory uses and activities, that support, promote, or sustain agricultural operations and production, as provided in subsection (3) of this section; b. Cluster zoning, which allows new development on one portion of the land, leaving the remainder in agricultural or open space uses; c. Large lot zoning, which establishes as a minimum lot size the amount of land necessary to achieve a successful farming practice; d. Quarter/quarter zoning, which permits one residential dwelling on a one-acre minimum lot for each one-sixteenth of a section of land; and e. Sliding scale zoning, which allows the number of lots for single-family residential purposes with a minimum lot size of one acre to increase inversely as the size of the total acreage increases. 3. Accessory uses allowed under subsection (2)(a) of this section shall comply with the following: a. Accessory uses shall be located, designed, and operated so as to not interfere with, and to support the continuation of, the overall agricultural use of the property and neighboring properties, and shall comply with the requirements of this chapter; b. Accessory uses may include: i. Agricultural accessory uses and activities, including but not limited to the storage, distribution, and marketing of regional agricultural products from one or more producers, agriculturally related experiences, or the production, marketing, and distribution of value-added agricultural products, including support services that facilitate these activities; and ii. Nonagricultural accessory uses and activities as long as they are consistent with the size, scale, and intensity of the existing agricultural use of the property and the existing buildings on the site. Nonagricultural accessory uses and activities, including new buildings, parking, or supportive uses, shall not be located outside the general area already developed for buildings and residential uses and shall not otherwise convert more than one acre of agricultural land to nonagricultural uses; and c. Counties and cities have the authority to limit or exclude accessory uses otherwise authorized in this subsection (3) in areas designated as agricultural lands of long-term commercial significance. 4. This section shall not be interpreted to limit agricultural production on designated agricultural lands.
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13 Walla Walla County Community Development Department 310 W. Poplar Street, Suite 200, Walla Walla, WA / Main Certificate of Notification File Number: ZCA16-004, ZCA Site Location: non-project rural, resource, industrial agriculture zones Type of Notice: Notice of Public Hearing and Informational Public Hearing Review Level/Type: Level 5 (development regulations amendments) Proof of Posting I certify under penalty of perjury under the laws of the State of Washington that the content of the above form of notice was posted in the Union Bulletin, Tri-City Herald and Waitsburg Times on the following date: 1/19/2017 on the CDD website on the following date: 1/18/2017 Lauren Prentice Printed Name Signature 1/30/2017 Date Proof of Mailing I certify under penalty of perjury under the laws of the State of Washington that the content of the above form of notice was Mailed/ ed to applicant or applicant s representative and the attached list of other parties on: 1/20/2017 Lauren Prentice Printed Name Signature 01/30/2017 Date
14 Walla Walla County Community Development Department 310 W. Poplar Street, Suite 200, Walla Walla, WA / Main NOTICE OF INFORMATIONAL PUBLIC MEETING AND WALLA WALLA COUNTY PLANNING COMMISSION PUBLIC HEARING Informational Public Meeting Walla Walla County will be holding an informational open house public meeting for the following development regulation amendment proposals. Development Regulations amendments relating to agritourism and value-added agriculture uses. The application described below by Susan Buchanan was placed on the 2016 Final Docket and relates to agritourism and value-added agriculture uses in the Agriculture Residential 10 zoning district. The Planning Commission is also considering County-proposed amendments that would replace the definitions proposed in the application and expand the amendments to affect additional zoning districts, including rural and agricultural zones. ZCA Susan Buchanan Application by Susan Buchanan to amend WWCC Chapter to define the practices of value-added agriculture and agritourism and to amend WWCC to add as these uses as permitted uses in the Agriculture Residential 10 (AR-10) zoning district. This meeting is open to the public and is a question and answer session; it is not a public hearing. No oral testimony will be taken, and no decisions will be made at this meeting. Staff will be available to answer questions; this is for public informational purposes only. INFORMATIONAL MEETING INFORMATION County Public Health and Legislative Building 314 West Main Street 2nd floor - Room 213; Walla Walla, WA February 1, 2017 from 6:15 6:45 PM Public Hearing The Planning Commission will be conducting a public hearing on the following development regulation amendments (same items as listed above for informational public meeting). Development Regulations amendment application by Susan Buchanan relating to agritourism and value-added agriculture uses (ZCA16-007). County proposed amendments relating to agritourism and value-added agriculture uses The Planning Commission, following the public hearing, will make a recommendation on these proposed amendments to the Board of County Commissioners (BOCC) at the same meeting or a date not yet determined. The Planning Commission will be asked to recommend that the proposed amendment be approved, approved with modifications, or denied. The BOCC will then review the recommendation at a public hearing, on a date not yet determined. Any interested person may comment on these items, receive notice, and participate in any hearings. Persons submitting testimony may participate in the public hearing, request a copy of the final decision, and have rights to appeal the final decision. You can obtain a copy of the staff report from the Community Development Department by contacting the person listed below. Written comments regarding the above applications may be submitted prior to and at the hearing on June 1. Send written comments to the following address: Walla Walla County Community Development Department c/o Lauren Prentice, Principal Planner 310 W. Poplar Street, Suite 200; Walla Walla, WA commdev@co.walla-walla.wa.us PUBLIC HEARING INFORMATION County Public Health and Legislative Building 314 West Main Street; 2nd floor - Room 213 Walla Walla, WA February 1, 2017 at 7:00 PM FOR MORE INFORMATION: For more information regarding this meeting, please contact Lauren Prentice, Principal Planner at or commdev@co.walla-walla.wa.us. Walla Walla County complies with ADA; reasonable accommodation provided with 3 days notice.
15 OWNER NAME ADDRESS1 CITY STATE ZIPCODE SUSAN BUCHANAN W. HIGHWAY 12 BURBANK WA RANDY, WAYNE, AND DONNA BUCHANAN W. HIGHWAY 12 BURBANK WA CHANDLER BRIGGS 329 SW 12TH ST COLLEGE PLACE WA ROBERT RILEY 1281 RILEY ROAD WALLA WALLA WA ELAINE VANDIVER 5260 STATELINE RD WALLA WALLA WA RANDAL SON MILL CREEK RD WALLA WALLA WA BERYL WRIGHT 790 SMITH DR COLLEGE PLACE WA DAVID GILL 840 BRICKNER RD WALLA WALLA WA SETH SMALL 1890 SUDBURY RD WALLA WALLA WA 99362
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