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HomeMy WebLinkAbout17-90 White Oak Trading Post - Opequon District - Backfile-RECEIPT N2 023029 AMOUNT DUE frc) AMOUNT PAID f BALANCE DUE PAID BY CASH CHECK "` 1 OTHER FRED`: PLANNING AND DEVELOPMENT P.O. 'i ;,_::RT SQUARE WINCHESTER, VIRGINIA 22601 • (703) 665-5651 BY, DAY TIMERS RE -ORDER No. 3221 — Pnntsd in USA CERTIFIED July 7, 2004 Mrs. Katherine Yancey P.O. Box 511 Stephens City, VA 22655 COUNTY of FREDERICK Inspections Department John S. Trenary, Building Official 540/665-5656 Fax 540/678-0682 RE: Complaint Inspection, White Oak Trading Post, 1039 Fairfax Pike, Tax Map Number 86- A-143A Dear Mrs. Yancey: On July 2, 2004, our department responded to a complaint and conducted an inspection at the above mentioned location. At that time, the following was discovered: The existing store had been partially converted to a restaurant with seating for 31 people. This is a violation of the Virginia Uniform Statewide Building Code, Section 111.1 When a Permit is Required. Section 111.1 When a Permit is Required. (2) Changing the use of a structure either within the same group classification when the new use requires greater degrees of structural strength, fire protection, exit facilities, ventilation or sanitary provisions. The change of use permit shall require the approval under Section 111.7 Functional Design Approval by the Frederick County Planning & Development Department and the Virginia Environmental Health Department. After approvals are granted, a change of use permit application shall be 'submitted including a floor plan along with a structural evaluation by a Virginia Licensed Design Professional. Both documents shall be sealed by the professional at the time of submittal. 2. The kitchen was utilizing a commercial electric hot plate, producing grease laden vapors, under a non -approved commercial hood without an approved fire suppression system. A three compartment sink in the kitchen does not have a grease interceptor installed on the drainage system. The structure has one water closet and one lavatory for public use. The code requires a minimum of two accessible restrooms when the occupant load exceeds 15 and food is served. This is a violation of the International Plumbing Code and the International Mechanical Code. 107 North Kent Street • . Winchester, Virginia 22601 -n3,Aj 0 AJ Yancey Letter Page Two Other items noted during the inspection were a back egress door, in the seating areas, was being blocked by a large piece of furniture. This is a violation of the International Property Maintenance Code/2000 and shall be removed immediately. The above items are violations of the Virginia Uniform Statewide Building Code/2000, Section 105 Violations. Section 105.1 Unlawful acts. It shall be unlawful to construct, alter, remove, demolish or occupy, or fail to maintain in accordance with Part III of the Virginia Uniform Statewide Building Code, any structure or equipment regulated by the Virginia Uniform Statewide Building Code. Please submit the proper paperwork for permit application or abate the violations above and schedule a follow-up inspection within 15 days from the receipt of this letter. The above is subject to Section 106.0 Appeals of the Virginia Uniform Statewide Building Code. Please contact me at (540) 665-5656 if you have any questions. Sincerer , John S. Trenary, CP Building Code Offs cc John R. Riley, County Administrator Larry Ambrogi, Commonwealth County Attorney Denny Linaburg, Fire Marshal Marc Charen, Planning & Development Steve Lee, Department of Environmental Health Phyllis Louise Mainhart, Tenant - A'J, 7k' Y 9 • t j b v, •�'.. , .� •3 . v it �` t ; . T- ` � y t. �' • , 1 ,( ;!0• lY •a ♦ tom. ;} .` - too 14. 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T OL a, t ^�r �• -�• ;wi r� � .. \.+• ° 'F fll wow, ,.. :• ���,�'i+ ..ram" Wo 41 I1 ol Av Wk le 10 r -• ,�' AN COUNTY of FREDERICK Department of Planning and Development MEMORANDUM 540/665- FAX: 540/ 665-63956395 TO: Frederick County Planning Commission FROM: Mark R. Cheran, Planner I RE: Revocation of Conditional Use Permit #017-90 for White Oak Trading Post DATE: June 1, 2004 I h e Frederick County Board of Supervisors approved CitiUse Permit (CUP) #017-90 for White Oak Trading Post on December 12, 1990, to allow for an existing campground and expansion of the store by 75% on property identified with P.I.N. #86-A-143 in the Opequon Magisterial District. This CUP was approved with the following conditions: 1) Any change in use shall require a new conditional use permit. 2) This permit will be subject to annual review and renewal. 3) A site plan, meeting the requirements of the Frederick County Code, must be submitted for approval. 4) Additional expansion of the facility, beyond what is currently proposed, will require an amended site plan ane a revised CUP. Violation of Condition Staff received a complaint regarding violations of the Frederick County Zoning Ordinance at this property. Staff inspected the property on March 24, 2004, and noted the violations. These violations constitute a violation ofthe conditions placed on Conditional Use Permit 17-90, approved by the Frederick County Board of Supervisors on December 12, 1990. Staff noted automobile sales and inoperable motor vehicles located on this property during inspection on March 24, 2004. The sale of automobiles has stopped; however, the violation of inoperable motor vehicles is ongoing, in regards to campers. On May 20, 2004, staff visited the property and noted a restaurant operating from the country store, which constitutes a violation of the Frederick County Zoning Ordinance and the conditions of Conditional Use Permit 17-90. Staff further noted that tenants at this campground are staying longer than thirty (30) days, which also constitutes a violation of the Frederick County Zoning Ordinance. Over the years, this property has been in violation of the Conditional Use Permit. In recent months, a letter of violation was issued, as was a notice of revocation for violations of the conditions of Conditional Use Permit 17-90. 107 North Kent Street • Winchester, Virginia 22601-5000 Staff conclusions for the 06/16/04 Planning Commission meeting_ The holder of Conditional Use Permit 17-90 is in violation of the above -reference conditions with regards to the zoning violations that staff has received. A recommendation from the Planning Commission for continuation or revocation of Conditional Use Permit 17-90 would be appropriate. This recommendation will be forwarded to the Board of Supervisor for their consideration. CERTIFIED MAIL May 25, 2004 Yancey Rentals, LC P.O. Box 511 Stephens City, Virginia 22655 U.S. Postal Service,,., CERTIFIED MAIL,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit nur woheitn at mOFFI` AL USE7 p 0" Postage I $ ED p Certified Fee p Postmark p Return Reciepi Fee (Endorsement Required) Here p Restricted Delivery Fee (Endorsement Required) p /1 Total Postage 3 Fees $ V m p Sent To o Yancalr- Rentals, LC . �` SYreef, Apt. No.; ..........B..... or Po sox No. PO og 511 P mr3,ar: l' �2 0 •� W N_�.. WS Q: a+ice, fit`" 'fee Eieversefa Instruction RE: 1039 Fairfax Pike; Property Identification # (PIN): 86-A-143A Zoning District: RA (Rural Areas) Dear Sir or Madam: 8 FILROPY This letter is to inform you that your Conditional Use Permit (CUP) 417-90 is being scheduled for revocation at a public hearing on June 16, 2004. This action is due to violations of the conditions placed on CUP 17-90. You will receive further notice from this office in regards to the time and location of this public hearing. In accordance with Section '165-21 of the Frederick County Zoning Ordinance, the Board of Supervisors may revoke a Conditional Use Permit for any violation of the conditions placed upon the Conditional Use Permit. This office has received complaints of violations of the conditions placed on Conditional Use Permit 417-90. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, 1411 ark . C'her Planner I MRC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Yancey Rentals, LC PO Bog 511 Stephens City, VA 22655 C. Date of Delivery D. Is delivery ad��� er nt from ❑ Yes if YES, ente� ry address belo : No t-AY 21 3. Service Type Certified Mail v� s Mail ❑ Registered $E Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) n ypq 2. Article Number (Transfer from service label) 7003 1010 0000 9039 1194 PS Form 3811, August 2001 Domestic Return Receipt ZACPR1-03-P-4081 9 0 TO: Barbara - Data Processing /0 �((� �(� �T FROM: Bev M ept. Please prints of labels by: THANKSM NAME -% ADDRESS PROPERTY ID# f /S �� PC 00 NAME n ADDRESS PROPERTY ID#Slo T - f� ADDRESS NAME PROPERTY ID# ADDRESS NAME PROPERTY ID# ADDRESS NAME PROPERTY ID# ADDRESS NAME PROPERTY ID# NAME ADDRESS PROPERTY ID# ADDRESS NAME PROPERTY ID# ADDRESS NAME PROPERTY ID# ADDRESS NAME PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# ADDRESS NAME PROPERTY ID# W-ay A5"od e dt- Y set, 19 $ s§ IT ,' r� y o i II : ray 5 40 x A 4 ' w v is Wag FMV ° :,. �. . x sa a F'' e a E. EUGErNE GUNTER to AREA CODE: 540 TELEPHONE: 667-4243 FAX: 667-4281 LAW OFFICE E. EUGENE GUNTER THE KENT BUILDING 16 SOUTH KENT STREET POST OFFICE BOX 1750 WINCHESTER, VIRGINIA 22604-8250 July 29, 2004 (Dictated July 23, 2004) Mark R. Cheran, Planner I Frederick County Department of Planning and Development Frederick County Administration Building 107 North Kent Street Winchester, Virginia 22601 pECEIVE AN 4= FREDERICK COUNTY PLANNING & DEVELOPMENT RE: COUNTY OF FREDERICK V. PHYLLIS L. MAINHART, T/A WHITE OAK TRADING POST AND CAMPGROUND MY FILE NO. 6373-C Dear Mark: As soon as available, please provide me with a copy of the Minutes of the Planning Commission meeting on July 21, 2004, pertaining to "the revocation of Conditional Use Permit No. 017-90 of White Oak Trading Post". Further and additionally, I believe that it would be wise and beneficial to all parties concerned for us to meet again in reference to what needs to be done by Katherine Yancey and/or Phyllis L. Mainhart in order to satisfy the Inspections Department and the Department of Planning and Development of Frederick County, Virginia. I would suggest that the meeting be attending by John S. Trenary, Building Official, you, and me. Please let me know when it would be convenient for the three of us to meet. Sincerely, E. Eugen Gunter EEG/man cc: Ms. Phyllis L. Mainhart John S. Trenary, Building Official COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street • Winchester, Virginia 22601-5000 Telephone: 5401665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: E. EUGENE GUNTER, ESQUIRE THE LAW OFFICE OF COMPANY: E. EUGENE GUNTER FAX 4: 667-4281 Remarks: Date: AUGUST 5, 2004 Number of Pages (including cover sheet) 3 DEAR MR. GUNTER: PER YOUR REQUEST IN YOUR LETTER OF JULY1129, 2004, I AM PROVIDING YOU WITH A DRAFT-000PY OF THE JULY 21, 2004 MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION. THESE MINUTES ARE SCHEDULED TO BE OFFICIALLY ADOPTED_7AT THE AUGUST 18, 2004 PLANNING COMMISSION MEETING. I HAVE ALSO PLACED A COPY OF THE MINUTES IN THE MAIL FOR YOU. MARK R. CHERAN INTERIM ZONING ADMINISTRATOR From Tthedesk of -6- Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 2005-2006 Update of the Secondary, Primary, and Interstate Road Improvement Plans for Frederick County to establish local priorities for improvements to the Secondary, Arterial, and Interstate roads. Chainnan DeHaven noted that the Planning Staff had also requested a recommendation on the inclusion of eight roads into the Rural Rustic Road Program. Mr. Ben Lineberry of VDOT came forward and referred the Planning Commission to the criteria for rural rustic roads included within the package. Mr. Lineberry read that, "the County Board of Supervisors will endeavor to limit growth on roads improved under this program." He explained that the rural rustic road is a narrower road, a minimum of 16 feet wide; it will be tar and chipped (surface treatment); and it must carry at least 50 vehicles per day, but no more than 500. He said that the rural rustic paved condition is less expensive to maintain than the unpaved road condition. He answered various other questions from the Commission concerning speed limits, maintenance, environmental impacts, and legislation. Commission members inquired aboutthe consequences ofthe traffic counts exceeding the 500 vehicle per day limit. Mr. Lineberry replied that there is nothing that VDOT could do if the limit was exceeded, except to attempt to add the road to the County's Secondary Road Improvement Program. He noted that it would be dangerous for a rural rustic road to carry more than 500 vehicle trips per day. Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the inclusion of the following roads to be included into the Rural Rustic Road Program: Back Creek Road (Rt. 704), Gough Road (Rt. 618), Ebenezer Church Road (Rt. 705), Indian Hollow Road (Rt. 679), Chestnut Grove Road (Rt. 681), Carter Lane (Rt. 629), Pack Horse Road (Rt. 692), and Old Baltimore Road (Rt. 677). PUBLIC MEETING The revocation of Conditional Use Permit #017-90 of White Oak Trading Post for an existing campground and expansion of the store by 75%. The property is located at the northwest corner of Routes 277 and 636, and is identified with P.I.N. 86-A-143-A in the Opequon Magisterial District. Action - Tabled for Six Months Planner Mark R. Cheran stated that the Planning Commission tabled this item at its June 16, 2004 meeting for 30 days to enable the applicant to come into compliance with the Frederick County Zoning Ordinance. Planner Cheran said that the staff has met with the applicant's counsel and has supplied him with an application for a new conditional use permit. He said the staff explained to the applicant the violations of CUP 4017-90 and explained that a new conditional use permit to expand the country store to include a Frederick County Planning Commission Draft Minutes of July 21, 2004 Page 1348 -7- restaurant was needed. Planner Cheran noted, however, that site improvements must be completed prior to a new application for a conditional use permit being accepted; he also noted that a site plan for the property was approved in 1991, however, those improvements have not yet been implemented. Planner Cheran stated that the Frederick County Building Official conducted an inspection of the property on July 2, 2004 and violations of the Virginia Uniform Statewide Building Code were cited on the property. He pointed out that the 31-seat restaurant was never an allowed use on this property and it is a violation of the conditions placed on CUP #017-90. In conclusion, Planner Cheran noted that long-term tenants are still located on the property. Members of the Commission who had visited the site said the establishment was well -kept and organized, and that it served a need in this community. They inquired if any regulations or laws would be violated by tabling consideration for 90 days to give the applicant the opportunity to work out the building code violations or problems and to seek a new conditional use permit. Planner Cheran believed the Commission's decision to table would not violate any laws; however, regardless of what action is taken by the Commission, the building violations are a separate issue entirely. Mr. Eugene Gunter, attorney for the owner, Mrs. Yancey, stated that a number of the citizens ofthis area were present at the last meeting and all spoke well of this establishment. Mr. Gunter said there was a lot to be done and they will need time to accomplish everything. He requested that the Planning Commission table consideration of this matter for a period from three to six months. Chairman DeHaven called for public comments, however, no one came forward to speak. Commission members believed there had been a good faith effort to clean up this area to make it more presentable and they believed tabling the consideration of the permit was fully appropriate to allow the applicant to work on the issues that needed addressed. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table the revocation of Conditional Use Permit #017-90 of White Oak Trading Post for an existing campground and store expansion for six months to allow the applicant time to address the building official's comments and other comments that have been raised. Master Development Plan 902-03 for Regents Crescent, submitted by Bowman Consulting, for residential and commercial uses. The property is located on North Frederick Pike (Rt. 522 North), approximately 450 feet south of Oakside Lane, in the Sunnyside neighborhood, and is identified with P.I.N. 53-A-53 in the Stonewall Magisterial District. Action - Recommended Approval of the Entrance Spacing Waiver Request Action - Recommended Approval of the Lot Access Waiver Request Action - Recommended Approval of the Internal Residential Screen Waiver Request Action - Recommended Approval of MDP #02-03 of Regents Crescent Frederick County Planning Commission Draft Minutes of July 21, 2004 Page 1349 TRANSMISSION VERIFICATION REPORT TIME 08/05/2004 10:34 NAME FRED CO PLANNING DEP FAX 5406656395 TEL 5406655651 SER.# BROC2J178677 DATE DIME 08/05 10:32 FAX NO./NAME 96674281 DURATION 00:01:48 PAGE(S) 03 RESULT OK MODE STANDARD ECM COUNTY of FREDERICK Department of Planlaing and Development 107 North lent Street • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: E. EU M GUHTER Es UIRE THE L&W OFFICE OF COMPANY: g . EUGENE GUNTER FAX 4: Remal s: 667-4281 pate: AUGUST. 52004 -dumber of Pages (including ewer sheet) 3 — DEAR MR. GUMR: PER YOUR REQUEST IN YOUR. LETTER OF JULY-::29, 7-004, I AM PROVIDING YOU WITH A DRAFT�COPY OF THE JULY 21., 2004 MINUTES OF THE FREDERTCK COUNTY PLANNING COKKISSION_ THESE MINUTES ARE SCHEDULED TO BE OFFICIALLY ADOPTED"'AT, THE AUGUST 18, 2004 PLANNING COMMISSION MEETING. I HAVE ALSO PLACED A COPY OF THE -MINUTES IN THE MAIL FOR YOU. D TO: Barbara . Data Processing �� ��'' FROM: Bev . Pla ing Dept. Please print�go sets of labels by: THMSIII NAME % ifs ADDRESS I PROPERTY IN ( /S COLE NAME `C �� 7 ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# N,P.NiE PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY IN NAME PROPERTY ID# NAME PROPERTY 'ID# ADDRESS ADDRESS ADDRESS _ ADDRESS _ ADDRESS _ ADDRESS ADDRESS _ ADDRESS ADDRESS _ ADDRESS �U ©t l __ 9(( g\ Asa➢ id /\A June 16.2004 To whom it may concern, It is my understanding that the Planning and Zoning commission will have a meeting to determine the status of a license issued to Phyllis Mainhart, White Oak Campground and Trading Post. Please allow me just a minute of your time to address this issue. I have live in the area almost 20 years and pastor within one mile of the Campgrounds. I can say, with some certainty, that the campgrounds and store are being maintained in a fashion far ahead of any previous operation. The campgrounds have improved, store facilities have enhanced, and cleanliness has improved. Daily meals are offered at a rate that most working day men and women can afford. It appears to me that the store is an asset to the community not one that should be closed. Instead of another 7-11, Sheetz, or "pump an go," we have local people, who are not just drawing a check or making money, they take pride in a job well done. I understand the store has been in violations of some county ordinances. After taking with Mrs. Mainhart, it seem that she is more than ready, in fact eager to comply with any ordinance that she is not in compliance with. I am sure that with just a trivial amount of time the entire facility will meet county codes. Rather than close down an asset to the community, it seems to me it would be beneficial to the community for the Planning Commission work with her to insure a decent, honest place to gather. Sincerity yours, �kie Battle Pastor Liberty Baptist Church Postage Certified Fee 0 Return Reciept Fee (Endorsement Required) Restricted DeliveryFee r l (Endorsement Required) O Total Postage & Fees $ {m 0 f_t Posbnark Here �q 1 Yanc-e� Rentals, LC s`rrser, apENo.; p0 Boa 511 or PO Box No. air, sraie; ziP+a-...-Stepheaa--el-ty---VA----- 226-55---------- Certified Mail Provides: (asanaa)yoOZaunf'0088w�ojSd ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Posial Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery inf!fmation is not available on mail addressed to APOs and FPOs. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL May 25, 2004 Yancey Rentals, LC P.O. Box 511 Stephens City, Virginia 22655 RE: 1039 Fairfax Pike; Property Identification # (PIN): 86-A-143A Flu COPY Zoning District: RA (Rural Areas) Dear Sir or Madam: This letter is to inform you that your Conditional Use Permit (CUP) #17-90 is being scheduled for revocation at a public hearing on June 16, 2004. This action is due to violations of the conditions placed on CUP 17-90. You will receive further notice from this office in regards to the time and location of this public hearing. In accordance with Section 165-21 of the Frederick County Zoning Ordinance, the Board of Supervisors may revoke a Conditional Use Permit for any violation of the conditions placed upon the Conditional Use Permit. This office has received complaints of violations of the conditions placed on Conditional Use Permit # 17-90. Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Aagrk er Planner I MRC/bad bc:-.rill M. Ewing r L. Thomas 'Rick C. Ours 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY- of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CERTIFIED MAIL May 25, 2004 Yancey Rentals, LC P.O. Box 511 Stephens City, Virginia 22655 RE: 1039 Fairfax Pike; Property Identification # (PIN): 86-A-143A Zoning District: RA (Rural Areas) Dear Sir or Madam: This letter is to inform you that your Conditional Use Permit (CUP) #17-90 is being scheduled for revocation at a public hearing on June 16, 2004. This action is due to violations of the conditions placed on CUP 17-90. You will receive further notice from this office in regards to the time and location of this public hearing. In accordance with Section 165-21 of the Frederick County Zoning Ordinance, the Board of Supervisors may revoke a Conditional Use Permit for any violation of the conditions placed upon the Conditional Use Permit. This office has received complaints of violations of the conditions placed on Conditional Use Permit #17-90. Please contact me regarding any questions that you inay have at (540) 665-5651. Sincerely, ark er Planner I MRC/bad 107 North Kent Street - Winchester, Virginia 22601-5000 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Yancey Rentals, LC PO Bog 511 Stephens City, VA 22655 C. Date of Delivery D. Is delivery acl to Brent from ' -❑ Yes if YES, ente�Rvery address belo p No 3. Service Type Certified Mail zprEfss Mail ❑ Registered = Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) M ypq 2. Article Number (Transfer from service label) 7003 1010 0000 9039 1194 PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-03-P-4081 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street . Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 VIOLATION NO. VIOLATION FACT SHEET Last Name: W i, ; +C- 0.-, k '� �, �; r� N��� First: i i 1'e f Street Name of Violation: /0 % %4,' �-�'tsr �s lac Town: <-fe4te4-,S 16 Zip: P.I.N.: _ A ' 13 4 Zoning: 1114 Mag. District: & v -i Mailing Address (if different) Street: �. ®> S �( Town: 4e f I C a 'f (4 Zip:, r-2 6 5S Telephone: (Home) (work) Received by: Jolt-, A>��', y Date: Time: Violation Type Code: _ Ov Description: Complainant: e Address: L111 ` e lJo t dell Telephone: (Home) REQUEST THAT NAME IS NOT RELEASED? Revised 4-17-02 Violation Fact Sheet (work) YES NO Page 1 of 2 Pg. 2 Directions to Property: FIELD OBSERVATION Inspector: Date: Contact: Description: FOLLOW-UP INSPECTIONS Inspector's Name: Date: _ Observation: 2"d Notice Sent: or File Criminal Complaint: Date: Date: Court Date: Inspector's Name: Date: Observation: 3rd Notice Sent: or File Criminal Complaint: Date: Date: Court Date: Time: O:\F0=\violatbnAac[Sheet wpd COUNTY of FREDERICK Department of Planning and Development MEMORANDUM 540/665- FAX: 540/ 665-63956395 TO: Frederick County Planning Commission FROM: Mark R. Cheran, Planner I RE: Revocation of Conditional Use Permit #017-90 for White Oak Trading Post DATE: June 1, 2004 T•0d':P, s,i >n! a ,W _ +.0 ^.ffldea ,Y3u. .E,. G#iq�b A ''d 'f., r1'53 S fi -u,w rt.>a.. .w.. i...,.... The Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #017-90 for White Oak Trading Post on December 12, 1990, to allow for an existing campground and expansion of the store by 75% on property identified with P.I.N. #86-A-143 in the Opequon Magisterial District. This CUP was approved with the following conditions: 1) Any change in use shall require a new conditional use permit. 2) This permit will be subject to annual review and renewal. 3) A site plan, meeting the requirements of the Frederick County Code, must be submitted for approval. 4) Additional expansion of the facility, beyond what is currently proposed, will require an amended site plan ane a revised CUP. Violation of Condition Staff received a complaint regarding violations of the Frederick County Zoning Ordinance at this property. Staff inspected the property on March 24, 2004, and noted the violations. These violations constitute a violation of the conditions placed on Conditional Use Permit 17-90, approved by the Frederick County Board of Supervisors on December 12, 1990. Staff noted automobile sales and inoperable motor vehicles located on this property during inspection on March 24, 2004. The sale of automobiles has stopped; however, the violation of inoperable motor vehicles is ongoing, in regards to campers. On May 20, 2004, staff visited the property and noted a restaurant operating from the country store, which constitutes a violation of the Frederick County Zoning Ordinance and the conditions of Conditional Use Permit 17-90. Staff further noted that tenants at this campground are staying longer than thirty (30) days, which also constitutes a violation of the Frederick County Zoning Ordinance. Over the years, this property has been in violation of the Conditional Use Permit. In recent months, a letter of violation was issued, as was a notice of revocation for violations of the conditions of Conditional Use Permit 17-90. 107 North Kent Street • Winchester, Virginia 22601-5000 Staff conclusions for the 06/16/04 Planning Commission meeting_ The holder of Conditional Use Permit 17-90 is in violation of the above -reference conditions with regards to the zoning violations that staff has received. A recommendation from the Planning Commission for continuation or revocation of Conditional Use Permit 17-90 would be appropriate. This recommendation will be forwarded to the Board of Supervisor for their consideration. § 165-39 ZONING § 165-41 § 165-39. Campgrounds and tourist camps. Where allowed, all campgrounds shall meet the following requirements: A. Minimum size. The minimum lot size for a campground shall be five (5) acres. B. Density. The maximum allowed density for a campground shall be ten (10) campsites or cabins per acre. C. Perimeter setbacks. The perimeter setback from the boundary of the campground for all structures and campsites shall be one hundred (100) feet. D. Residences. No more than one (1) permanent residence shall be allowed in a campground, which shall only be occupied by the owner, manager or an employee. E. Buffers and screens. Where campgrounds are allowed, zoning district separation buffers and screens, Category C as described by this chapter, shall be provided in relation to surrounding properties containing residential uses. F. Campgrounds shall meet all requirements of the Virginia Department of Health. § 165-40. Outdoor shooting ranges. Outdoor -shooting ranges shall be allowed only with a conditional use permit. Where outdoor shooting ranges are allowed, zoning district separation buffers and screens, Category C as described by this chapter, shall be provided in relation to surrounding properties containing residential uses. In no case shall a shooting range be located within one thousand (1,000) feet of any residence located on surrounding parcels of land. Application for a conditional use permit shall include plans for appropriate site layout and design to protect the safety of the public. Such plans shall include berms and other protective features. All outdoor shooting ranges shall be supervised at all times by qualified personnel. § 165-41. Kennels. Where allowed separately or as a part of a veterinary clinic or hospital, kennels shall meet the following requirements: 16565 1- 10 - s7 § 165-20 FREDERICK COUNTY CODE § 165-21 § 165-20. Changes in use. After approval of a conditional use permit by the Board of Supervisors, any change in the use for which the conditional use permit was granted shall require a new conditional use permit following the procedures set forth in this Article. Upon application, the Zoning Administrator may allow the minor expansion or intensification of the use in question without a new conditional use permit. Such minor expansion shall be allowed only so long as no conditions placed on the permit nor any other requirements of this chapter are violated. § 165-21. Revocation. The Board of Supervisors may, by resolution, initiate the revocation of any active conditional use permit. The consideration of the revocation shall proceed following the procedure set forth for approving a new conditional use permit.. Following recommendation by the Planning Commission, the Board may revoke an active conditional use permit for the following reasons: A. Failure to establish or discontinuance of the approved conditional use. If the approved conditional use has not been established within two (2) years of its approval or if it has been discontinued for two (2) years, the conditional use permit may be revoked. B. Repeated or continuing violations of this chapter, including violations of the conditions placed on the permit. C. Fraudulent, false or misleading information supplied by the applicant in applying for the conditional use permit. (Cont'd on page 16525) 16524 10 - 25 - 93 § 165-156 ZONING § 165-156 CAMPGROUND — A lot or parcel upon which two or more campsites are located, established or maintained for occupancy by the general public as temporary living quarters for recreation, education or vacation purposes. CAPITAL IMPROVEMENTS PLAN OR PROGRAM — A plan or program adopted by the Frederick County Board of Supervisors according to the provisions of the Virginia Code, which recommends capital outlays by the County for a five-year period. CHANNEL SCAR LINE — The sloping margin of, or the ground bordering, a stream and serving to confine the water to the natural channel during the normal course of flow. It is best marked where a distinct channel has been eroded to the valley floor or where there is a cessation of land vegetation. [Added 4-23-20031 CHURCH — Buildings or structures primarily intended for the conduct of organized religious services and associated accessory uses. CLEAR ZONE — A designated area void of buildings, structures, fences, berms and vegetation. [Added 9-12-20011 (Cont'd on page 16691) 16690.1 6 - 10 - 2003 LIS >Administrative Code> 12VAC5-450-20 http://lcg1.state.va.us/cgi-bin/legp504.exe?000+reg+12VAC5-450- Database updated through 20:11 Va.R. February 9, 2004 (see cumulative previous I next table) 12VAC5-450-20. Local requirements. In addition to the requirements of this chapter, all applicable local ordinances, including plumbing, building, electrical and zoning ordinances shall also apply in the construction, maintenance and operation of all campgrounds. Statutory Authority §§35.1-11 and 35.1-17 of the Code of Virginia. Historical Notes Derived from VR355-35-04 §1, eff. July 21, 1971. previous I next ( new search I table of contents I home 1 of 1 6/16/2004 4:15 PM Page 2 White Oak CUP Va Department of Transportation: See letter attached dated September 25, 1990. Health Department: Recommend service restricted to soft -serve ice cream/counter freezer only. Existing septic system was approved for grocery store and campground. No additional food service preparation is recommended unless hook- up to public sewer is provided. Planning and Zoning: This country store did not previously have a CUP since it existed pre -ordinance and therefore was allowed. The planned expansion of more than 50% requires a CUP and this will cover the entire facility. STAFF RECOMMENDATIONS FOR 1IM90 P/C MEETING: Approval with the following conditions: 1. Any change in use shall require a new conditional use permit. 2. This permit will be subject to annual review and renewal. 3. A site plan, meeting the requirement of the Frederick County Code,must be submitted for approval. 4. Additional expansion of the facility, beyond the current proposed, will require an amended site plan and a revised CUP. PLANNING COMMISSION RECOMN IENDATIONS OF 11/7/90: Approval, with the following conditions: 1. Any change in use shall require a new conditional use permit. 2. This permit will be subject to annual review and renewal. 3. A site plan, meeting the requirements of the Frederick County Code, must be submitted for approval. 4. Additional expansion of the facility, beyond the current proposed, will require an amended site plan and a revised CUP. (Note: Mr. Golladay abstained; Mr. Romine was not present.) PC Review: 11/07/90 BOS Review: 12/12/90 CONDITIONAL USE PERMIT #017-90 WHITE OAK TRADING POST Country General Store and Campground Zoned RA (Rural Areas) LOCATION: At the northwest corner of Routes 277 and 636 MAGISTH'RTAT. DISTRICT: Opequon TAX MAP & PARCEL NO.: Tax Map 86, parcel no. 143 A ZONING & LAND USE: Zoned RA (Rural Areas); Land use - existing general store and campground ADJOINING ZONING & LAND USE: Zoned RA (Rural Areas) and M-2 (General Industrial); Land use -Residential, agricultural, vacant and trucking PROPOSED USE: Existing campground and expansion of store by 75% REVIEW EVALUATION: Fire Marshal: An area posted as "Fire Lane" shall be marked in such a way as to ensure access to campground area by emergency equipment. See additional comments attached. Inspections Department: This request for CUP approval shall comply to Use Group "M" Mercantile Section 308.0 of the BOCA National Building Code "1987" COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING July 7, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: THE REVOCATION OF CONDITIONAL USE PERMIT #017-90 OF WHITE OAK TRADING POST On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, July 21, 2004 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: The Revocation of Conditional Use Permit #017-90 of White Oak Trading Post for an existing campground and expansion of the store by 75%. The property is located at the northwest corner of Routes 277 and 636 and is identified with Property Identification Number 86-A-143-A in the Opequon Magisterial District. Any interested parties may attend this public meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, c . eran Planner I MRC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 This Ci to certify that t - e attached correspondence was mailed to the following on Flo from the Department of Planning and Development, Frederick Co , Vi inia. 86 - A- - 143-A YANCEY RENTALS, LC PO BOX 511 STEPHENS CITY, VA i I 22655.0511 86 - A- - 156- 1 CHASLER, THOMAS J TRUSTEE FOR INVESTMENT LAND TRUST PO BOX 157 DELAPLANE, VA 20144.0157 86 - A- - 143-B SANDY, CHARLES R & WANDA L 1026 FAIRFAX PIKE STEPHENS CITY, VA 22655.3247 86 - A- - 143-C COUNTY OF FREDERICK 9 COURT SO # 601 WINCHESTER, VA. 22601.4736 86 - A- - 143-E LARGENT, BRADLEY JAY 1039 FAIRFAX PIKE APT 2 STEPHENS CITY, VA 22655.3248 C Mark R. Cheran, Planner I Frederick County Planning Dept. STATE OF VIRGINIA COUN Y OF FREDERICK , I, , a Notary Public in and for the State and County aforesaid, do reby certify that Mai . Cheran, Planner I forte apartment of Pl ng and Development, whose name is signed to the foregoing, dated (� , has personally appeared before me and acknowledge e same in my ate C unty aforesaid. Given under my hand this day of V'&64 ®� My commission expires on D C— Ct 1 - [ p T0: Barbara Data Processing ' V # � �O Aj t v t � �o sT Please FROM: Bev Planninsets of labels by: THANKSIII NAME —_� ffA-SL��r' ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME. ��� ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS Jam Free Printing Use Averv(D TEMPLATE 51610 www.avery.com 1-800-GO-AVERY SAVERY® 51610 @L9LS ®AU3A V S Yancey Rentals, LC PO Bog 511 Stephens City, VA 22655 i I I I AWAV-OD-008-6 w0� %�.IaAe'MMM I - i GOLS HVIdW31 pfGaAd as0 6u.IUiad aaad wed I Jam Free Printing www.avery.com AVERY® 51610 Use Avery@ TEMPLATE 51610 �� 1-800-GO-AVERY 86 - A- -143-A 86 - A- -143-A YANCEY RENTALS, LC YANCEY RENTALS, LC PO BOX 511 PO BOX 511 STEPHENS CITY, VA 22655.0511 STEPHENS CITY, VA 22655.0511 86 - A- -156- 86 - A- -156- CHASLER, THOMAS J TRUSTEE FOR CHASLER, THOMAS J TRUSTEE FOR INVESTMENT LAND TRUST INVESTMENT LAND TRUST PO BOX 157 PO BOX 157 DELAPLANE, VA 20144.0157 DELAPLANE, VA 20144.0157 86 - A- - 143-B 86 - A- -143-B SANDY, CHARLES R & WANDA L SANDY, CHARLES R & WANDA L 1026 FAIRFAX PIKE 1026 FAIRFAX PIKE STEPHENS CITY, VA 22655.3247 STEPHENS CITY, VA 22655.3247 B6 - A- -143-C 86 - A- -143-C COUNTY OF FREDERICK COUNTY OF FREDERICK 9 COURT SO # 601 9 COURT SO # 601 WINCHESTER, VA. 22601.4736 WINCHESTER, VA. 22601.4736 86 - A- -143-E 86 - A- -143-E LARGENT, BRADLEY JAY i LARGENT, BRADLEY JAY 1039 FAIRFAX PIKE APT 2 1039 FAIRFAX PIKE APT 2 STEPHENS CITY, VA 22655.3248 STEPHENS CITY, VA 22655.3248 ®6965 ®AU3/�V A113AV-09-008-6 -- -- — - --- cuo,•erJ9Ae NVVL ► ®6965 31`dldW31 @fuany asn Bul;u[Jd awi suer Jam Free Printing www.avery.com a AVERY@ 5161® Use Avery® TEMPLATE 51610 1-800-GO-AVERY 86 - A- - 143-A 86 A- - 143-A YANCEY RENTALS, LC YANCEY RENTALS, LC PO BOX 511 PO BOX 511 STEPHENS CITY, VA 22655.0511 STEPHENS CITY, VA 22655.0511 86 - A- -156- 86 - A- -156- CHASLER, THOMAS J TRUSTEE FOR CHASLER, THOMAS J TRUSTEE FOR INVESTMENT LAND TRUST INVESTMENT LAND TRUST PO BOX 157 PO BOX 157 DELAPLANE, VA 20144.0157 DELAPLANE, VA 20144-0157 86 - A- -143-B 86 - A- -143-B SANDY, CHARLES R & WANDA L SANDY, CHARLES R & WANDA L 1026 FAIRFAX PIKE 1026 FAIRFAX PIKE STEPHENS CITY, VA 22655.3247 STEPHENS CITY, VA 22655.3247 86 - A- - 143-C 86 - A- -143-C COUNTY OF FREDERICK COUNTY OF FREDERICK 9 COURT SO # 601 9 COURT SO # 601 WINCHESTER, VA. 22601-4736 WINCHESTER, VA. 22601.4736 i 86 - A- -143-E 86 - A- -143-E LARGENT, BRADLEY JAY LARGENT, BRADLEY JAY 1039 FAIRFAX PIKE APT 2 1039 FAIRFAX PIKE APT 2 STEPHENS CITY, VA 22655.3248 STEPHENS CITY, VA 22655.3248 i i i i ®L91 s ®A2l3/!�d - - - -- ---A113A'V-09-008-I fJaAV asn ®6965 31`dldW31 p uao3-Aj9AWeucn&M ® OullYlAd PPM Wel' Jam Free Printing www.avery.com AVERY® 5161® Use Avery@ TEMPLATE 51610 1-800-GO-AVERY 86 - A- . 143-A 86 A- - 143-A j YANCEY RENTALS, LC YANCEY RENTALS, LC PO BOX 511 PO BOX 511 STEPHENS CITY, VA 22655.0511 STEPHENS CITY, VA 22655.0511 i 86 A. 156 86 - A- . 156- CHASLER, THOMAS J TRUSTEE FOR CHASLER, THOMAS J TRUSTEE FOR INVESTMENT LAND TRUST INVESTMENT LAND TRUST PO BOX 157 PO BOX 157 DELAPLANE, VA 20144.0157 DELAPLANE, VA 20144.0157 86 - A- -143-B 86 . A- -143-B SANDY, CHARLES R & WANDA L SANDY, CHARLES R & WANDA L 1026 FAIRFAX PIKE 1026 FAIRFAX PIKE STEPHENS CITY, VA 22655.3247 STEPHENS CITY, VA 22655.3247 86 - A- • 143•C 86 A• • 143-C COUNTY OF FREDERICK COUNTY OF FREDERICK 9 COURT SO # 601 9 COURT SO # 601 WINCHESTER, VA. 22601.4736 ,l WINCHESTER, VA. 22601.4736 86 . A• -143-E 86 A• - 143•E LARGENT, BRADLEY JAY LARGENT, BRADLEY JAY 1039 FAIRFAX PIKE APT 2 1039 FAIRFAX PIKE APT 2 STEPHENS CITY, VA 22655.3248 STEPHENS CITY, VA 22655.324E A113AV--09=008-V ® @ms 3.nndW31 pfJany asf �l9Ls ®Jl?I�A� ca01-A.19Ae-MMM Sullu1Ad aaAd Luef Jam Free Printing www.avery.com AVERY@ 5161@ Use Avery@ TEMPLATE 51610 1-800-GO-AVERY jJ 86 - A- -143-A YANCEY RENTALS, LC PO BOX 511 STEPHENS CITY, VA 22655.0511 86 - A- .156- CHASLER, THOMAS J TRUSTEE FOR INVESTMENT LAND TRUST PO BOX 157 DELAPLANE, VA 20144.0157 86 A- 143-B SANDY, CHARLES R & WANDA L 1026 FAIRFAX PIKE STEPHENS CITY, VA 22655.3247 86 - A- .143-C COUNTY OF FREDERICK 9 COURT S11 # 601 WINCHESTER, VA. 22601.4736 86 - A- - 143-E LARGENT, BRADLEY JAY 1039 FAIRFAX PIKE APT 2 STEPHENS CITY, VA 22655.324E 01.91•s ®AU3AV Q Jla3A1'/-OL-008-1MAAM lU0?%C.IaAB'MMM 86 • A- - 143-A YANCEY RENTALS, LC PO BOX 511 STEPHENS CITY, VA 22655.0511 86 . 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A- -143-C COUNTY OF FREDERICK 9 COURT SO # 601 WINCHESTER, VA. 22601.4736 86 - A- -143-E LARGENT, BRADLEY JAY 1039 FAIRFAX PIKE APT 2 STEPHENS CITY, VA 22655.3248 @1.96s 31VIdW31 @Ajany ash 6ullulad aaad user Jam Free Printing www.averycom Use Avery@ TEMPLATE 51610 1-800-GO-AVERY aAVERY@ 51610 86 - A- - 143-A YANCEY RENTALS, LC PO BOX 511 STEPHENS CITY, VA 22655-0511 86 - A- -156- CHASLER, THOMAS J TRUSTEE FOR INVESTMENT LAND TRUST PO BOX 157 DELAPLANE, VA 20144.0157 86 - A- -143-B SANDY, CHARLES R & WANDA L 1026 FAIRFAX PIKE STEPHENS CITY, VA 22655.3247 86 - A- -143-C COUNTY OF FREDERICK 9 COURT SO # 601 WINCHESTER, VA. 22601.4736 86 - A- -143-E LARGENT, BRADLEY JAY 1039 FAIRFAX PIKE APT 2 STEPHENS CITY, VA 22655.324E 86 - A- -143-A YANCEY RENTALS, LC PO BOX 511 STEPHENS CITY, VA 22655.0511 86 - A- • 156- CHASLER, THOMAS J TRUSTEE FOR INVESTMENT LAND TRUST PO BOX 157 DELAPLANE, VA 20144.0157 86 - A- -143-B SANDY, CHARLES R & WANDA L 1026 FAIRFAX PIKE STEPHENS CITY, VA 22655.3247 86 - A- -143-C COUNTY OF FREDERICK 9 COURT SO # 601 WINCHESTER, VA. 22601.4736 86 - A- -143-E LARGENT, BRADLEY JAY 1039 FAIRFAX PIKE APT 2 STEPHENS CITY, VA 22655.3248 @l,91,S ®AMSA V � uiAa3nd-o� oD e(aanBAkM•nnnnnn � @191,5 31VIdW31 @iGany ash fiul;ulad Md Luer Jam Free Printing Use Avery® TEMPLATE 5161@ www.avery.com 1-800-GO-AVERY AVERY@ 51610 86 A• . 143-A YANCEY RENTALS, LC PO BOX 511 STEPHENS CITY, VA 22655.0511 86 - A- -156- CHASLER, THOMAS J TRUSTEE FOR INVESTMENT LAND TRUST PO BOX 157 DELAPLANE, VA 20144.0157 86 - A- -143-B SANDY, CHARLES R & WANDA L 1026 FAIRFAX PIKE STEPHENS CITY, VA 22655.3247 86 - A- - 143-C COUNTY OF FREDERICK 9 COURT SO # 601 WINCHESTER, VA. 22601.4736 86 - A- - 143-E LARGENT, BRADLEY JAY 1039 FAIRFAX PIKE APT 2 STEPHENS CITY, VA 22655.3248 06uU91.S ®AH3AV J3A 9Aew o� �Aane-nnn00nnn 86 - A- - 143-A YANCEY RENTALS, LC PO BOX 511 STEPHENS CITY, VA 22655.0511 86 - A- -156- CHASLER, THOMAS J TRUSTEE FOR INVESTMENT LAND TRUST PO BOX 157 DELAPLANE, VA 20144.0157 86 A- - 143-B SANDY, CHARLES R & WANDA L 1026 FAIRFAX PIKE STEPHENS CITY, VA 22655.3247 86 - A- - 143-C COUNTY OF FREDERICK 9 COURT SO # 601 WINCHESTER, VA. 22601.4736 86 - A- -143-E LARGENT, BRADLEY JAY 1039 FAIRFAX PIKE APT 2 STEPHENS CITY, VA 22655.3248 p1.91,S 31VldW3J. @AABnd ash Bujlulad 89a3 uieF to COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 2, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: THE REVOCATION OF CONDITIONAL USE PERMIT #017-90 OF WHITE OAK TRADING POST On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 16, 2004 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: The Revocation of Conditional Use Permit #017-90 of White Oak Trading Post for an existing campground and expansion of the store by 75%. The property is located at the northwest corner of Routes 277 and 636 and is identified with Property Identification Number 86-A-143 in the Opequon Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, ark R. Ch an Planner I MRC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 1, R�� I This is to certify that the attached correspondence was mailed to the following on /7 from the Department of Planning and Development, Frederick Coun irgQa: 86 - A- - 143-A YANCEY RENTALS, LC PO BOX 511 STEPHENS CITY, VA 22655.0511 0&;/v?,(- 86 - A- -156- CHASLER, THOMAS J TRUSTEE FOR INVESTMENT LAND TRUST PO BOX 157 DELAPLANE,VA 20144.0157 86 - A- -143-B SANDY, CHARLES R & WANDA L 1026 FAIRFAX PIKE STEPHENS CITY, VA 22655-3247 86 - A- -143-C COUNTY OF FREDERICK 9 COURT SQ ## 601 WINCHESTER, VA. 22601.4736 86 - A- - 143-E LARGENT, BRADLEY JAY 1039 FAIRFAX PIKE APT 2 STEPHENS CITY, VA 22655.3248 STATE OF VIRGINIA COUNTY OF FREDERICK I I 4M ark R. Cheran, Vilmer I Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, do0hereby certify that k . Cheran, Planner I for thoNpartment of Planning and Development, whose name is signed to the foregoing, dated�����7� , has personally appeared before me and acknowledged^ same in my Vto and County aforesaid. Given under my hand this ,;Z 1X/�— day of C; b0 My commission expires onS��, 2 Vd166 i NOTARY P LIC ct, D TO: Barbara - Data Processing v(ff t7;o l,D -s-7— FROM: Bev - Pla ning Dept. Please print sets of labels by: 91O THANKS111 NAME -% - ifs L-�� ADDRESS — PROPERTY ID# c `� NAME ADDRESS � �y�1" �S `-'� � 7 PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# PC Review: 11/07/90 BOS Review: 12/12/90 CONDITIONAL USE PERMIT #017-90 WHITE OAK TRADING POST Country General Store and Campground Zoned RA (Rural Areas) LOCATION: At the northwest corner of Routes 277 and 636 MAGISTERIAL. DISTRICT: Opequon TAX MAP & PARCEL NO.: Tax Map 86, parcel no. 143 A ZONING & LAND USE: Zoned RA (Rural Areas); Land use - existing general store and campground ADJOINING ZONING & LAND USE: Zoned RA (Rural Areas) and M-2 (General Industrial); Land use -Residential, agricultural, vacant and trucking PROPOSED USE: Existing campground and expansion of store by 75% REVIEW EVALUATION: Fire Marshal: An area posted as "Fire Lane" shall be marked in such a way as to ensure access to campground area by emergency equipment. See additional comments attached. Inspections Department: This request for CUP approval shall comply to Use Group "M" Mercantile Section 308.0 of the BOCA National Building Code "1987" Page 2 White Oak CUP Va Department of Transportation: See letter attached dated September 25, 1990. Health Department: Recommend service restricted to soft -serve ice cream/counter freezer only. Existing septic system was approved for grocery store and campground. No additional food service preparation is recommended unless hook- up to public sewer is provided. Planning and Zoning: This country store did not previously have a CUP since it existed pre -ordinance and therefore was allowed. The planned expansion of more than 50% requires a CUP and this will cover the entire facility. STAFF RECOMMENDATIONS FOR 11/7/90 P/C MEETING: Approval with the following conditions: 1. Any change in use shall require a new conditional use permit. 2. This permit will be subject to annual review and renewal. 3. A site plan, meeting the requirement of the Frederick County Code,must be submitted for approval. 4. Additional expansion of the facility, beyond the current proposed, will require an amended site plan and a revised CUP. PLANNING COMMISSION RECOMMENDATIONS OF 11/7/90: Approval, with the following conditions: 1. Any change in use shall require a new conditional use permit. 2. This permit will be subject to annual review and renewal. 3. A site plan, meeting the requirements of the Frederick County Code, must be submitted for approval. 4. Additional expansion of the facility, beyond the current proposed, will require an amended site plan and a revised CUP. (Note: Mr. Golladay abstained; Mr. Romine was not present.) i by �§us14. J APPLICATION FOR CONDITIONAL USE 't* IT FREDERICK COUNTY, VIRGINIA Conditional Use Permit No.C917 ` o Application Date Fee Paid Submittal Dead i i-_ .. _ B/O/S Meeting: 1. APPLICANT (The applicant is the owner -Vother (check one) NAME: v CFrr,;w �f-)EEXioc'- ADDRESS: I Wo'�Ite-Srz'rz- VA- 2Z60- TELEPHONE: t.L-41`i 2. Please list all owners of the property, occupants, or parties in interest: Kam I}aeawa: S AWCEN 3. The property is; located at (please give exact directions) N 1J cne- Z-X arr Zr-s Zi-7 t (a.3b 4. The property has a frontage of g,q9.,E 3 feet and a depth of 3_1 63 feet and consists of [ . !BG acres. (Please be exact) 5. The property is owned by KA-T1 -Eejh3 . 5. �1�.)c�i as evidenced by deed from recorded in deed book no. & on page 753 , registry of the County of f-AC- T)0ZI0-< 6. 21-Digit Property Indentification No: oi+3- A Magisterial District: QP`Quct� 7. Adjoining Land Use ?e-%so-NmA A-c;g_kou -Tup- Adjoining Zoning 2 VtIC.�T� ���ScX-1 NC, 8. The type of use proposed is Ocojo �tZ G � i. S-mylE C%APGiZbo�ji7 9. It is proposed that the property will be put to the following use: :m-5Ti4vt.. L."fG;ezct3QQ W1 -1 KILT C--XPA-Wb Cx t->Ti &3 6 S mf-E u: �'-� eXP tttJ ;�> EU 1-TINF11, 10. It is proposed that the following buildings will be constructed: no ► Tt cc:� �c rk 1G M-jEF-a4L STRIP -El 11. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be rezoned. (Use additional pages if necessary). These people will be notified by mail of this application. [PLEASE LIST COMPLETE 21-DIGIT NUMBER] 1. Caur�� o �=reci• Address: C'r:�r� Sc�• L3GX ir01 1-3 t tic, Q— 2 - Property ID#: 8 Gnu CEO -- A - , - 0 2. SC Address; Qt ( !•dog 123 Wk; f 2 IOS Uc 22(C - Property ID#: 00Q - ck) -- ecc'; - oc oc -- 044 - 0 N, Ine Address: P.U. 8C.A 99 22 6 S ,.S- Property ID# e cx� - A GisS L -Page Twd Conditional Use Permit NAME 4• Lin C indc� e Address: / gC,/ f22- 'V� 22G63 Property ID#: _ c _ �7-U S. Sc.ndy Ch,arIe s Address: Rt, I 80X 33JL S -} e 2 265J' Property ID : Doc) A CO CM0 CC00 - i3 6. Address: Property ID#: 7, Address: Property ID#: 8. Address: Property IDIP: 9. Address: Property ID#: 10. Address: Property ID#: 12. Additional comments, if any Pt)p f1 LIEf) EU STRICT j Fc�(� kq7"7— P_XPA JI,10&J I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the Frederick County, Virginia, with the above facts as support of this application. Signature of Applicant: Signature of Owner: Owners' Mailing AddresE Owners' Telephone No: For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval Denial COUNTY ADMIN. (signed) `J COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 December 19,. 1990 Greenway Engineering Attn: Cass Early 1104 Baker Lane Winchester, Virginia 22601 Dear Ms. Early: This letter is to confirm action taken by the Frederick County Board of.Supervisors at their meeting of December 12, 1990. Conditional Use Permit #017-90 of White Oak Trading Post, c/o Katherine S. Yancey, was approved for an existing campground and the expansion of the existing store by 75%, This property is located at the northwest corner of Routes 277 and 636 in the Opequon Magisterial District and is identified as parcel 143A on tax map 86. This conditional use permit was approved with the following conditions: 1. Any change in use shall require a new conditional use permit. 2. This permit will be subject to annual review and renewal. 3. A site plan, meeting the requirements of the Frederick County Code, must be submitted for approval. 4. Additional expansion of the facility, beyond the current proposed, will require an amended site plan and a revised CUP. If you have any questions regarding this approval or the conditions, do not hesitate to call this office. Please return the sign you were issued at your earliest convenience so we can begin the process of refunding your $25.00 deposit. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 Page -2- Greenway Eng. December 19, 1990 Sincerely, ti W. Wayne Miller Zoning Administrator WWM/slk cc: Katherine S. Yancey Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court C. William Orndoff, Jr., Treasurer - CY OF FREDERICK VIRGINI ' ' +���| --FIRE MARSHAL'S OFFICE ~�� ' | / LAND DEVELOPMENT COMMENTS Control No. 082790373 Date Received 082796 Date Reviewed 091190 Applicant Name 8reenway Engineering & Surveying Co., Inc. ` Address 1104 Baker Lane Winchester, Virginia 22601 Project Name White Oak Trading Post Phone No. 708-662-4185 Type of Application C.U.P. & Site Plan Current Zoning 1st Due Fire Co^ 11 1st Due Rescue Co. 11/12 Election District Opequon ' RECOMMENDATIONS Automatic Sprinkler System X Residential Sprinkler System Automatic Fire Alarm System Other Emergency Vehicle Access; Adequate X Inadequate Not Identified Fire Lanes Required; Yes X No . Comments: An area pbsted as, "Fire Lane" shall be marked in such a way as to ensure access to campground area by emergency equipment. Roadway/Aiileway Widths; Adequate X Inadequate Not Identified Special Hazards Noted; Yes No X Comments: - Continued - Hydrant Locations; Adequate X Inadequate Siamese Connection Location; Approved Not Approved Not Identified Not Identified X Additional Comments: Existing hydrants along Rt. 277 comply with Frederick County Chapter 10 though Rt. 277 would have to be blocked in both directions to traffic should a fire occur at this site. Both uses are existing and to my knowledge have not created any unusual or adverse impact on fire and rescue services. The addition to the structureshould not significantly add to the impact on services. Review Time .50 hr Douglas A. Kiracofe FireMarshal � �� I 4"rl0. Tr � COMMONWEALTH of V1RQ1 1, A DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER WILLIAM H. BUSHMAN �f ( / 03 ) 984-4133 RESIDENT ENGINEER September 25, 1990 Mr. Keith H. Burr Ref: White Oak Trading Post C/O Greenway Engineering & Surveying Co., Inc. Routes 277 & 636 1104 Baker Lane Frederick County Winchester, VA 22601 Dear Keith: This is to acknowledge receipt of the above referenced project's revised site plans dated September 20, 1990. The resubmitted plans appear to be satisfactory and are therefore approved. Please advise the developer accordingly. Before any work is performed on the State's right-of-way a land use permit must be applied for and issued to cover said work. This permit is issued by this office and will require an inspection fee and surety bond coverage. Should you have any questions concerning the above, please do not hesitate to contact me. RBC / rf xc: Mr. F. E. Wymer Mr. R. W. Watkins Sincerely, William H. Bushman Transp. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior TRANSPORTATION FOR THE 21 ST CENTURY 0 APPLICATION FOR CONDITIONAL USE IT FREDERICK COUNTY, VIRGINIA Conditional Use Permit No. (5) 7 I� Application Date Fee Paid Submittal Deadline is P/C Meeting: I I- I B/O/S Meeting: �-a 12 14 1. APPLICANT (The applicant is the owner V/ other (check one) NAME: ' ee,: 1./�1G1N�eQING ADDRESS: 1104 ��+ '� Lft*'c �n/�^���tE3Tr✓ft Val- 22bai TELEPHONE: W. - 2. Please list all owners of the property, occupants, or parties in interest: 01wr q1 ee rj, S AWC94 3. The property is located at (please give exact directions) Alin Coew i2 2 4. The property has a frontage of 499.5 33 feet and a depth of q31 63 feet and consists of [ .�$!v acres. (Please be exact) 5. The property is owned by K4TtiNE 5- �A+�CE`/ as evidenced by deed from _ recorded in deed book no._ on page 53 , registry of the County of &'-'0gKIO 6. 21-Digit Property Indentification No: D=- 0000 - 014-3- A Magisterial District: PCQ 7. Adjoining Land Use �ct�AJCu=TveK-` ► Adjoining Zoning _Z V&< tWr, -Fe V-A � 3C' 8. The type of use proposed is hnQS: C-10J--tit- SIoPIE GmPGru»lic> 9. It is proposed that the property will be put to the following use: r-Y PPr1J ;ns [3 i -1 S40!t� 10. It is proposed that the following buildings will be constructed: Ann ►s,o�s 1-0 rxt"S110C- L.cu6zm i ����-r�� 7MAIE 11. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be rezoned. (Use additional pages if necessary). These people will be notified by mail of this application. [PLEASE LIST COMPLETE 21-DIGIT NUMBER] NAME c� 6 o X 1, 01 1. C''c,:.�n��1 0� Fc�c�• Address: "� Ceve,.rt (� ,r I � t i1 e e i- v 2 Property I Address: Q+ t oX /23 wH; e (05 22(o Property ID# : - mi - A cx) -- c ck)o - cgooz 0144 - 0 , Ij,e. Address: P-G. oX 99 31-e , Property IN Page Two Conditional Use Permit NAME 4N . A E Lin e- e Address: BcYt /2`L Property ID#: _ -'s?-C 5. 5c r,dy Char/e s 6 8 9. 10. Address: RV I 5,fr ,[3oX 33L 2 2 4 5 S Property ID : Address: Property ID#: Address: Property ID#,. Address: Property IDIF: Address: Property ID#: Address: Property IDI#: 12. Additional comments, if any I ' p i Cjw(:s AfPt1c (ZICT� 1 ize (_ Oq Oij I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the Frederick County, Virginia, with the above facts as support of this application. Signature of Applicant: Signature of Owner: Owners' Mailing Address: Owners' Telephone No For office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) QLM.7 `. // Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 1,2?C Approval Denial COUNTY ADMIN. (signed) •�% Page Three Conditional Use Per.'t Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 00 pf . G 3� ti 4oc-a LO M u Fi7 ,M bLn� obi � r EMU Alm v i 1 ;;w � r r¢ ,1yA qr �r ' G^ • COUNTY of FREDERIC�, .c Department of Planning and De%clopmcn. 703 665.5o:i REQUEST FOR SITE PLAN COMMENTS , FAX 703 667-) 7( f pVAc I C1-5 PrrY.;f Frederick County, Inspections Depas-tment P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Inspections Department is located at 9 Court Square in Winchester-, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Name of development and/or description of the request: << cc Y.r.,p y. _: X,d . Location: �n I,fc... RL�27 2_st�ac x . 24 rn jCl e_G,sf rafyNefxs rnc'�d ad�CLC nSkerCndc PG i C4 r 1 + C C-S e L 1 Cl 0 C. 2 77 o- \ / . !r J_ 6,S� . Inspections Department Co=nents: Inspect. Signature & Date: (NOTICE TO INSPECTIONS - F 1-7 7"- E RETURN THIS FORK TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in i-rder to assist ''.he agency with their review. Also, please attach a copy of your plans and/or application form. 9 court Square - P.O. Bo\ 601 - %Vinchester. Virginia - 2_2601 I] COUNTY of FREDERICh 3�rm (t Department of Planning_ and De\-elopmcn i01 605-50:1 REQUEST FOR SITE PLAN COMMENTS e FAN 703 607-037' Frederick -Winchester Health Department P.O. Box 2056, Winchester, Virginia 22601 (703) 667-9747 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand "deliver this review form. Applicant's name, address and phone number: C' 33 2S39 Name of development and/or description of the request: 0 Sr Pe t'w\,'r '�o e I i St rct C' ,4hc AC1 C'C._yr\ P �r'ni nd . Location: y VC_ 2 2. S c° C. 4 0 j v f e D 11 z ns C�v� inC� h �,i�C�Te�Y SCC�a die VCn4 rci1dO Ln 7 k C1_ r le ffir C/ I 0 )A C lC i J c, 2 7 7 c-r\ cY CL , P?"01. Health Department Comments: r-Al NOTICE To APPLICANT It is your responsibility to complete this form as accurately as posy ibie in order to assist the agency with their review. Also, please attach a copy of your plaits and/or application form- 9 Court S-yuarc - P.O. Doi 601 \Vinchester. Virt,-mia - 22601 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 November 28, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: WHITE OAK TRADING POST Conditional Use Permit #017-90 of White Oak Trading Post c/o Kathryn Yancey for a country general store and campground. This property, zoned RA (Rural Areas), is located at the northwest corner of Routes 277 and 636 in the Opequon Magisterial District and is identified as parcel 143 on tax map 86. This conditional use permit will be considered by the Frederick County Board of Supervisors at their meeting of December 12, 1990 at 7:15 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, 0,0,4 A�� W. Wayne filler Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was ailed to the following on t November 28, 1990from 0 Department of Planning and De pment, Frederick County, Virginia: f:600OA000000 00001431 8ANDY , CHARL..E S R . & WANI)A L. RT. 1 BOX 336 rin STE:PHE:NS CXTY, VA. Greenway Enginee g 1104 Baker Lane Winchester, Va. 22601 C.s e1000A00000000O00143 r YANCEY. KATHERINE S. P.O. BOX 511 STEPHENS CITY, VA. o-a.2-,6S..,.� _.. 86000A00000000000143%. COUNTY OF' FREDERICK 9 COURT SQUARE BOX 601 WINCHE:STE:R, VA. 22601- 86000AOOOOOOOOOOO 144 k CLEAVER, .JESSE F . RT. 1 BOX 123 WHITE: POST, VA. 22663- 96000AOOOOOOOOOOO1561 FUL.TON, ARTHUR H. INC. P. O. BOX 99 STE:PHE:NS CITY, VA. 226SS.... L.;CND, L.INDA C. 86000AOOOOOOOOOOO157t ROUTE 1 BOX 122 WHITE POST, VA_ 22663- STATE OF VIRGINIA COUNTY OF FREDERICK 22 655-- . Wayne Mil er, Zoni g Administrator Frederick C unty Dept. of Planning 12 Debi D. Swimley , a Notary Public in and for the state and county aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated November 28, 1990 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 28th day of November 28 199.0 My commission expires on September 30, 1993 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 October 24, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS) THE APPLICATION OF: WHITE OAK TRADING POST Conditional Use Permit #017-90 of White Oak Trading Post c/o Kathryn Yancy for a country general store and campground. This property, zoned RA (Rural Areas), is located at the northwest corner of Routes 277 and 636 in the Opequon Magisterial District and is identified as parcel 143 on tax map 86. This conditional use permit will be considered by the Frederick County Planning Commission at their meeting of November 7, 1990 at 7:30 p.m., in the board room of the old Frederick County Courthouse. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, W. Wayn Miller Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on October 24, 1990fro*e Department of Planning and *lopment, Frederick -County, Virginia: Greenway Engineering 1104 Baker Lane Winchester, Va. 22601 C3600OA00000000000143L COUNTY OF F'RE:DE'RICK 9 COURT SQUARE BOX 601 WINCHESTER, VA. 22601- 9600OA00000000000143t YANCEY, KATHE:RINE S. P.O. BOX 511 STEPHENS CITY. VA. 22655— CLEAVER, JESSE E36000A00000000000144t RT. i box L23 F' , WHITE: POST, VA. 2266;3-- 56000A00000000000156t F'UL.TON , ARTHUR H . INC. P. O. BOX 99 STEPHENS CITY, VA. 22655- 56000A00000000000157% LIND. LINDA C. ROUTE 1 BOX 122 WHITE POST, VA. 22663--- STATE OF VIRGINIA COUNTY OF FREDERICK 1, Debi D. Swimley H6000A00000000000 J. 432 SANDY, CHARL..ES R . & WANDA L . RT. i BOX 336 STEPHENS CITY, VA. 2265.5-- W. Wayne Mill Zoning Administrator Frederick Co ty Dept. of Planning , a Notary Public in and for the state and county aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated October 24, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 24th day of October My commission expires on September 30, 1993 NOTARY PUBLIC 1990 CUP 4017-90 WHITE OAK TRADING POST OPEOUON DISTRICT Pendaflex® No. 4350 113 RED Interior Folders ESSELTE MACE IN USA • • • •