Walla Walla County Community Development Department

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Staff Memo: Abeja Winery Type III Winery (CUP19-004) Page 1 of 6 January 26, 2021: Continued Public Hearing

Walla Walla County Community Development Department

310 W. Poplar Street, Suite 200, Walla Walla, WA 99362 / 509-524-2610 Main

Date: January 26, 2021 Prepared: January 21, 2021

To: Walla Walla County Hearing Examiner

From: Lauren Prentice, Community Development Director RE: CUP19-004, WP19-006, Continued Public Hearing

Background

Abeja, LLC. operates an existing Type II Winery and a Type II Bed and Breakfast operation on a site generally located at 2014 Mill Creek Road in the Rural Residential Mill Creek (RRMC-5) zoning district. In late 2018 the Board of County Commissioners amended the County Code via Ordinance 473 to create a new “Type III Winery” classification following a proposal by Abeja, LLC. for zoning code amendments. The new Type III Winery classification is defined in WWCC 17.22.030(D) as “any facility that includes both a winery and a Country Inn providing overnight accommodations.” The Type III Winery standards state that an existing winery or Bed and Breakfast may be converted into a Type III Winery via the same approval process as a new facility, a conditional use permit.

In the late summer of 2019, an application for a conditional use permit to convert the existing facilities into a Type III Winery was submitted by Abeja, LLC. The applicant proposed that these expansions would occur over a 10-15 year time period.

On December 9, 2019, the Hearing Examiner held a public hearing on the submitted CUP and Winery Permit applications. On January 24, 2020, the Hearing Examiner remanded the Conditional Use Permit application by Abeja Winery and reopened the hearing record.

Exhibits

A total of 17 exhibits were entered into the record by the Hearing Examiner after the initial public hearing, these are listed in the Order of January 24, 2020. Recommended new exhibits are listed below.

18. Staff Report dated January 21, 2021

19. Revised CUP application dated May 22, 2020 20. Revised Site Plan dated May 5, 2020

21. Revised Exhibit A, a narrative to address the approval criteria of both a Type III Winery (WWCC Section 17.22.030) and a Conditional Use Permit Application approval criteria (WWCC Section 17.40.020)

22. Schedule A and B, listing total building footprints (existing and proposed buildings to be

constructed in a proposed Type III Winery), total property area, total area within critical areas or setback areas, proposed total number of guest units with a Type III Winery (33), expected number of employees/staff (30) and proposed parking spaces (229 at full build out).

23. Notice of Continued Public Hearing and Affidavit of Mailing and Publishing for continued public hearing

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Summary of Decision Remanding CUP19-004

The Hearing Examiner found the initial application submittal did not contain sufficient details of the Type III Winery proposal to determine if the proposal met WWCC 17.22.030(D)(8). Among the specific requests in the Decision were:

1. To provide a more detailed site plan. The initial submittal had notes stating proposed building sizes and locations could be changed later. The Decision also noted the site plan was difficult to read.

2. An explanation as to what the “phases” described by the applicant represented. The application did not state when they would occur and what would be built in each one.

3. The previous application materials were described as “conceptual” and only contained estimates for future construction or parking spaces proposed. These details would need more specific proposals for approval to be granted.

Project Details and Development Plan Project Site

According to Schedule B, the total project site 38.12 acres, which includes the following parcels owned by Inn at Abeja Vineyards, LLC.: Tract A (11.00 acres), Tract B (11.98 acres), Tract C with BLA (15.12 acres). This encompasses the following Assessor’s Tax Parcels:

• APN 370718130004 Parcel ID 22678 – Tract A • APN 370718130003 Parcel ID 13247 – Tract B • APN 370718140010 Parcel ID 13248 – Tract C Development Plan

In revised Application Exhibit A, dated May 2020, the Applicant explains that the following new documents constitute the Development Plan for this proposal.

1. Exhibit A – contains written responses to the Winery Type 3 conditions (WWCC 17.22.030D(1-8) and the conditional use permit decision criteria (WWCC 17.40.020). Dated May 2020, 4 Pages. 2. Site Plan – 2 pages sized 42 by 30 inches and dated April 24, 2020. Page 1, labeled sheet A101a,

shows the majority of the project site. There is a color legend providing symbology for the following project elements: existing structures, proposed structures, no-build area, existing parking, new parking, guest suite parking. Page 2, sheet A101b, provides a ‘West Extent’ and an ‘East Extent’ showing the outer edges of the property with matchlines to connect the first page. The only color-identified project elements shown on Page 2 are portions of the “no-build area.” 3. Schedule A – Structures, Uses and Square Footage – contains a list of Existing Structures (E1-11)

and Proposed Structures (P1-P8) which correspond to the labeled structures on the site plan. The table includes a description of the existing and proposed use of each structure and the proposed square footage (area).

4. Schedule B – Parking and Open Space – contains a list of existing (67), new (100), and overflow (62) stalls. The 167 existing and new parking stalls are dispersed throughout the primary project site on the north side of Titus Creek and the steep slope which bisects the project area. The 62 “overflow parking for events” are shown on the Site Plan (Exhibit XX) in an area south of Titus Lane and north of the Mill Creek Shoreline Environment, off of Five Mile Road. The second half of Schedule B provides several area calculations under the title “Open Space Totals.” This includes totals for the following components:

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a. Agricultural Use Area – this area is not labeled on the Site Plan, but it is assumed to be the existing areas of the property with vineyard rows which are depicted by lines on the north side of the project area.

b. Building Footprint Area – existing proposed, and total. c. Property Area (Tracts A-C)

d. No-build Areas – this list includes various critical areas and shoreline areas on the site. According to the table, 27.7% of the property is located within these areas labeled as “critical areas” or “no-build areas” by the Applicant.

Schedule B concludes by stating that “All square footages are approximate, based on existing available plans and data.” Aside from the documents in the Development Plan, no plans or data were provided by the Applicant in their original application or resubmittal.

Lodging Units

The existing Type II Bed and Breakfast operation includes 7 guest units: • Small Barn (E4) – 1 guest suite, will be retained.

• Summer Cottage/Summer Kitchen (E8) – 1 guest suite, will be retained. • Chicken Coop (E10) – 1 guest suite, will be retained.

• Carriage House (E6) – 2 guest suites, will be retained. • Bunk House (E5) – 1 guest suite, will be retained. • Edison House (E9) – 1 guest suite, will be retained.

The maximum number of guest units that would be allowed on the 380-acre site would be 57, based on the limit in WWCC 17.22.030(D)(5) of not more than 1.5 guest units per acre of project site. The proposal is consistent with this requirement; a total of 33 units are proposed.

First Phase

On Page 2 of the revised ‘Exhibit A’ the applicant describes that in the “first years after it obtains the CUP, the applicant intends to examine and re-purpose existing facilities, consolidate its operations, change the purposes of some of the facilities to accommodate more guest rooms, and expand its food operations.” See Exhibit 21.

A general summary of possible first phase projects provided on Page 2 of Exhibit 21. In this phase 9-11 guest units will be added for a total of 16-18.

• Innkeeper’s Residence (E1) – will be remodeled into 3 guest suites and a tasting room. • Small Barn (E4) – “…will continue to be used for one guest unit, kitchen, winery tasting room,

and event space. The kitchen dining area will be used for expanded food serve operations.” In Schedule A (Exhibit 22) the applicant describes that there is an existing “breakfast area” which will become a “restaurant/tasting room.” The total area of the proposed restaurant/tasting room is 2,231 square feet (Exhibit 21). Additional details on proposed food service was not provided.

• Carriage House (E6) – the 2 existing guest suites will remain. “The 2 barrel storage rooms may be remodeled into 2 additional guest rooms, or may continue to be used for “storage and winery-related purposes.”

• Farmhouse (E7) – contains “5 ensuite bedrooms” which will be used for 5 new guest rooms. • Irrigation Shed (E11) – will be “remodeled and expanded to become one guest suite.”

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The proposed timing of this phase is described in Exhibit 21; “…it is anticipated that this work will take 2-5 years to complete.”

Proposed Structures

A written summary of additional phase(s) is not provided in Exhibit 21, except to say that after all phases are completed there will be a total of 33 guest units. The following additional information regarding later phases is found within the other documents of the revised Development Plan.

1. 8 new structures are proposed; 1 of them will be a small pump house for the fire/irrigation pond and the other 7 will each contain 2-3 guest units. Up to 17 units will be added according to the Proposed Structure list in Schedule A (Exhibit 22).

Schedule A (Exhibit 22) contains some confusing option references with building numbers that don’t exist in the new Development Plan. Building No. E6 references ‘BLDG.18’ which isn’t in the list and Building P1 references ‘BLDG 8 OPTION 2 ONLY’ but it doesn’t identify whether it is referring to Building E8 or P8, neither of which have options listed. I believe that the applicant was trying to explain that if 2 guest units are added in the first phase to the Carriage House (E6), then proposed structure P1 would not be added. If both were included, the total number of units would be 35 which is more than 33, the total number of units listed throughout the submitted documents. Buildings 8 and 18 were included in the original list of structures included in the original site plan (Exhibit 4).

Regarding the timing of the Proposed Structures, Exhibit 21 states that Applicant will apply for building permits within 3-6 years following CUP approval. The applicant states that “construction will begin within 1 year of building permit issuance.” The application materials do not appear to identify when the construction will be completed and the Applicant has requested that the Hearing Examiner give County staff the authority to grant 1 year time extensions (Exhibit 21).

Parking

Schedule B contains a list of existing (67), new (100), and overflow (62) spaces dispersed throughout the project site. Except for 20 of the existing spaces along one of the driveways, parking is depicted on the Site Plan by area only, stalls and aisles are not shown, nor are accessible spaces.

In Schedule B the Applicant has estimated actual parking usage under two scenarios, with or without a scheduled event. When there is no event scheduled, the Applicant estimates that 86 parking spaces will be used, this can be accommodated in the 167 primary parking spaces. When there is a scheduled event, 204 spaces will be need; this will require usage of the overflow parking area. With the overflow area included, a total of 229 spaces will be available on the property, providing adequate parking capacity to accommodate the estimated demand of 204 stalls.

Per WWCC 17.20.020, “each off-street parking space shall have a net area of not less than two hundred square feet, exclusive of driveways or aisles… to determine on a gross basis, three hundred square feet shall be allowed by vehicle.” The site plan correctly uses the gross area calculation for each existing and proposed parking area to estimate parking capacity (300 square feet per vehicle).

Adequate accessible parking will have to be provided per the American with Disabilities Act (ADA). Per WWCC 17.20.110, “The plan of the proposed parking area shall be reviewed by the county at the time of the application for the building permit for which the parking area is required unless otherwise

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reviewed as part of another permit.” WWCC 17.20.110 states further that “The plan shall clearly indicate the proposed development, including location, size, shape, design, curbcuts, lighting, landscaping, construction details, and other features, and appurtenances proposed.” A plan of this detail was not provided for review with the conditional use permit.

Compliance with Comprehensive Plan

In the revised Exhibit A, in response to WWCC 17.40.020(E), the applicant states that they have demonstrated compliance with all Winery Type 3 Conditions in the County Code. This does not adequately address this standard which requires the Applicant to demonstrate compliance with the Walla Walla County Comprehensive Plan.

However, in the analysis provided in the original Staff Report (Exhibit 1, Page 4), staff addressed this requirement. It is still the opinion of staff that this proposal is compatible with the Comprehensive Plan, specifically the following goals and policies of the Rural and Resource Lands Element (Chapter 6): Goal RL-1, Policy RL 1.1, Policy RL 1.3, Goal RL-2, and Policy RL 2.3. The text of these goals and policies is included in Exhibit 1. In particular, the proposed expansion of the Abeja facilities into a Type 3 Winery and Country Inn is consistent with Policy RL 2.3.

Policy RL 2.3 Provide opportunities to strengthen the economic well-being of rural areas through home-based occupations; 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 rural-level services. (emphasis added)

SEPA Review

No additional SEPA review was completed for this project. The revised Development Plan documents are generally consistent with the original application documents.

Public Hearing Notice

A notice for the continued public hearing was mailed, published, and posted as described in Exhibit 23. Posting on site is not a requirement of WWCC 14.09.070, it is only required for a Notice of Application, at the beginning of a Type 3 review process. Since so much time has passed since the Notice of Application was issued, staff chose to post the site on January 15 as an extra measure to ensure adequate public notice was provided.

Requests for Flexibility

In revised CUP application Exhibit A, dated May 2020 (Exhibit 21), the applicant provides a summary of proposed phasing; more detailed information is included in Schedule A and B.

The Applicant has requested the following flexibility in their new Development Plan:

1. Timing: In response to WWCC 17.22.030(D)(4) which is about structures containing guest accommodations, “In light of current conditions in the hospitality industry, applicant also requests the County Development Office be allowed to grant time extensions in 1 year increments, upon reasonable request.”

2. Size and Placement of Structures containing Guest Accommodations: In response to WWCC 17.22.030(D)(4) which is about structures containing guest accommodations, the “Applicant requests flexibility in square footages and footprint placement of up to 15%.”

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3. Parking Location and Assignment: Per Exhibit A, “the site plan shows all parking areas with the intended location of spaces for each guest room, both existing and proposed… Each existing guest room will have a regular parking space near the unit in the manner shown on the Site Plan, and will also have access to other open spaces and the overflow parking spaces.” Exhibit A concludes its summary regarding compliance with WWCC 17.22.030(D)(7) by stating that “the location of these spaces may change over time for the convenience of Abeja guests.”

Requests 2 and 3 are also referenced on the Site Plan in a Note at the bottom of the Color Legend stating: “1. Square footages shown may vary 15% +/- and parking spaces may not be assigned to specific guest units, but at least (1) parking space will always be allocated to each guest suite.”

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Walla Walla County Community Development Department

310 W. Poplar Street, Suite 200, Walla Walla, WA 99362 / 509-524-2610 Main

File No. CUP19-004 WP19-006

NOTICE OF CONTINUED PUBLIC HEARING

File name/number: Abeja Winery and Inn - Type 3 Winery/CUP19-004 Application type: Conditional Use Permit and Winery Permit Applicant: Abeja, LLC. c/o Jacob Coburn, Property Manager

2014 Mill Creek Road; Walla Walla, WA, 99362

Project description: Expansion of Abeja Winery and Inn as a Type III Winery (as defined in WWCC 17.22.030(D)) over a 10 to 15-year period; the project will include 33 guest units upon completion of all phases. The site is located on 30-acres at 2014 Mill Creek Road in the Rural Residential Mill Creek 5-acre (RRMC-5) zone, west of Five Mile Road (APN 370718130003, 370718130004, 370718140010).

Review process and public comment: The Hearing Examiner will make a decision within ten working days of the public hearing. Written testimony may be submitted prior to or at the public hearing on January 26, 2021. Please indicate your name and address and refer to the file indicated above. Send written comments to:

Walla Walla County Community Development Department (CDD) c/o Lauren Prentice, Director

310 W Poplar St., Suite 200 Walla Walla, WA 99362

[email protected]

PUBLIC HEARING INFORMATION

Tuesday, January 26, 2021 at 10:00 AM (or as close thereto as possible) Location: Due to the Governor’s COVID-19 this hearing will be held virtually.

Cisco Webex Meeting Link: https://wwco.webex.com/meet/CDD Call in 1-408-418-9388 | Meeting Number/Access Code: 969 633 053

An agenda, instructions on participating by phone or online, and a staff report, will be available one week prior to the hearing. Contact staff directly for more information about how to participate virtually; if you provide your email address, we can add you to the email distribution list. If you want to

run a test of the Webex system, we can do that too.

For members of the public without Internet access, the County can provide access to equipment. Please contact the department at least 24-hours in advance to coordinate.

THE PUBLIC COMMENT PERIOD ON THIS APPLICATION IS EXPECTED TO END AT THE CONCLUSION OF THE 1/26/2021 PUBLIC HEARING, UNLESS THE RECORD IS HELD OPEN BY THE HEARING EXAMINER. Any interested person may comment on this application, 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 CDD by contacting the person listed below. Walla Walla County complies with ADA; reasonable accommodation provided with 3 days’ notice.

FOR MORE INFORMATION: For more information regarding this application, please contact Lauren Prentice, Director, at 509-524-2610 or [email protected].

Hearing Examiner website:

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Walla Walla County Community Development Department

310 W. Poplar Street, Suite 200, Walla Walla, WA 99362 / 509-524-2610 Main

Certificate of Notification

File Number: CUP19-004

Site Location: 2014 Mill Creek Road

Type of Notice: Notice of Continued Public Hearing

Review Level/Type: Level 3

Proof of Publishing

I certify under penalty of perjury under the laws of the State of Washington that the

content of the above form of notice was published

in the Union Bulletin on the following date: 1/15/2021

on the CDD website on the following date: 1/15/2021 by Donald Sims

Lauren Prentice

Printed Name

_____________________________

Signature

1/23/2021

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 to parties of record and property owners within 500-feet of the project site (see

attached list): on 1/14/2021 by Donald Sims

Lauren Prentice

Printed Name

_____________________________

Signature

1/23/2021

Date

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 on site on Mill Creek Road: on 1/15/2021 by Donald Sims

Lauren Prentice

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PROPERTY OWNER IN CARE OF ADDRESS CITY STATE ZIP CODE COPELAND B LAURINE TRUST WASHINGTON TRUST BANK PO BOX 2127 SPOKANE WA 99210 NOWOGROSKI GST TRUST 483 SPRING CREEK RD WAITSBURG WA 99361 FILAN ARNE L & HARRIET Y FAMILY TRUST 40 S DIVISION ST WALLA WALLA WA 99362 KIBLER JOHN J 2300 MILL CREEK RD WALLA WALLA WA 99362 HARRISON FAMILY TRUST 180 TITUS LANE WALLA WALLA WA 99362 MEYERS 2020 LIVING TRUST ROSS LAVEDA 3964 WELLINGTON SQ SAN JOSE CA 95136 JONES ROBERT J 463 FIVE MILE RD WALLA WALLA WA 99362 DRUMHELLER STEVE & CHERYL L 420 FIVE MILE RD WALLA WALLA WA 99362 LAIZURE DAN L & DONNA G 94 FIVE MILE RD WALLA WALLA WA 99362