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004-23 (CUPCandaceLundinDVM&FrankZureick) BOARD ACTION FOR DENIAL Action: PLANNING COMMISSION: July 05, 2023 Recommended Approval BOARD OF SUPERVISORS: August 09, 2023 DENIED CONDITIONAL USE PERMIT #03-23 CANDACE LUNDIN, DVM AND FRANK ZUREICK WHEREAS, CONDITIONAL USE PERMIT APPLICATION #03-23 was submitted by Candace Lundin and Frank Zureick (Evan Lundin) for a Dog Kennel/Breeding Facility. The Property is located at 159 Larrick Lane,Middletown,is identified with Property Identification Number 91-3-5 in the Opeyuon Magisterial District; and WHEREAS,the Frederick County Planning Coirunission held a public hearing on this Conditional Use Permit on July 5, 2023, and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Conditional Use Permit during their regular meeting on August 9, 2023; and Motion to DENY CUP 03-23 carried this 9th, day of August 2023 by the following recorded vote: Charles S. DeHaven, Jr., Chairman No Shawn L. Graber Aye Heather H. Lockridge No Robert W. Wells Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Blaine P. Du»a No A COPY ATTEST Michael L. Bollhoefer Frederick County Ad inistrator Res# 04-23 PDRes#27-23 CONDITIONAL USE PERMIT #03-23 4SG�' CSG CANDACE LUNDIN,DVM AND FRANK ZUREICK A a Staff Report for the Board of Supervisors Prepared: July 26,2023 ;738 Staff Contact: Amy L. Feltner, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 07/05/23 Recommended Approval Board of Supervisors: 08/09/23 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for Candace Lundin and Frank Zureick for a dog kennel and breeding. Should the Board of Supervisors find this application to be appropriate, Staff recommends that the following conditions be attached to the CUP. 1. All review agency comments shall be complied with at all times. 2. A maximum of two (2) employees, not residing on the premises, shall be permitted with this CUP. 3. All dogs must be confined to kennels indoors from 9:00 p.m. to 7:00 a.m. 4. Hours of operation for the public to access the property shall be limited to 9:00 a.m. to 8:00 p.m. seven days a week. 5. New structures to be used as kennels will require building permits prior to being constructed. 6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet(FT) in height is permitted. 7. An illustrative sketch, in accordance with the requirements of Article VIII of the Frederick County Code and addressing additional regulations for specific uses contained in §165-204.10, shall be submitted to and approved by Frederick County prior to the establishment of the use. 8. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. LOCATION: This property is located at 159 Larrick Lane, Middletown, Virginia. Page 2 CUP 903-23, Candace Lundin DMV & Frank Zureick July 26, 2023 MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 91-3-5 PROPERTY ZONING& PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING& PRESENT USE: North: RA (Rural Areas) Use: Single Family Detached Residential South: RA (Rural Areas) Use: Single Family Detached Residential East: RA (Rural Areas) Use: Single Family Detached Residential West: Roadway Use: Interstate 81 PROPOSED USE: This application is for a dog kennel and breeding on 6.32+/- acres. REVIEW EVALUATIONS: Planning and Zoning: Proposal: The Applicant proposes to board and breed dogs with up to sixteen (16) female Russell Terrier breeding dogs, not including the litters, at any given time. Another fifteen (15) dogs reside within the home. All dogs are housed in crates inside the home or within the fully insulated, and conditioned, kennel located in the existing garage/workshop. Dogs are secured in six (6) outdoor play yards when appropriate weather permits. Applicant proposes 20-30 litters annually, with each litter size consisting of 3-5 pups each. Customers are by appointment only. Visits to the kennel average 1-2 per week. Comprehensive Plan Conformance: Kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This proposed use will take place on a 6.32 +/- acre parcel surrounded by properties that are zoned RA. The 2040 Comprehensive Plan provides guidance when considering any land use actions. The area where this property is located is outside the Urban Development Area (UDA), outside the Sewer and Water Service Area (SWSA) and is not part of any other land use plan. This area of the County is intended to remain rural in nature. The CUP application, as proposed,generally meets the intent and goals of the Plan. Zoning Ordinance Requirements: The Zoning Ordinance defines a Kennel: "As a place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation."The Zoning Ordinance requires that kennels be subject to additional performance standards to mitigate Page 3 CUP 903-23, Candace Lundin DMV & Frank Zureick July 26, 2023 negative impacts to adjoining residential properties. These additional standards include: all dogs are to be confined within a secure structure, and the installation of a Category C Buffer where the adjoining properties are used for residential purposes. The properties immediately adjacent to this proposed CUP are currently zoned RA Zoning District, with the nearest residential dwelling being approximately +/- 350-feet to the south and to the north. This kennel use, as described in the application narrative, will be conducted indoors and therefore meets the intent of the Zoning Ordinance. Per the Zoning Ordinance, all dogs must be confined indoors, except for when they are walked or exercised within the fenced area. Winchester-Frederick County Health Department: This office has no objections to the proposal. The plan is well thought out. No further comments or recommendations. Please see the attached letter from Jim Davis, Environmental Health Supervisor dated February 23, 2023. Virginia Department of Transportation: A VDOT Review has been completed of the Conditional Use Permit for Candace Lundin, DVM & Frank Zureick to operate a Dog Breeding Kennel at 159 Larrick Lane, Middletown. The existing access to the property appears to be sufficient for the proposed use, which will generate very few trips, according to the CUP application. We have no objection to the Conditional Use Permit as presented. Please see the attached email from Timothy Rhodes, Land Development Engineering dated March 22, 2023. Frederick County Fire Marshal: Approved with condition. Portable fire extinguishers shall be installed as outlined in the applicable building code. Please see the attached letter from Adam Hounshell, lieutenant/Assistant Fire Marshall dated March 22, 2023. Frederick County Inspections: The current records indicate the building is currently a detached garage. The building will require a change of use permit as per the Virginia Uniform Statewide Building Code. Any new construction will be required to meet the 2018 Virginia Construction Code. An accessible restroom meeting the requirements of ANSI Al 17.1 will be required. Entrances and exits shall meet accessibility requirements per ANSI A117.1 Accessible parking and pathway to the building will be required. Exiting Signage and emergency lighting shall be required. Please see the attached letter from Mark Fleet, Building Oficial dated March 20, 2023. Frederick County Public Works: We offer no comments at this time. Please see the attached letter from Joe Wilder, Director of Public Work dated March 3, 2023. Frederick Water: No comments at this time.Please see attached letter date March 1, 2023. Winchester Regional Airport: No comment. Please see attached letter dated March 10, 2023. Page 4 CUP#03-23, Candace Lundin DMV & Frank Zureick July 26, 2023 PLANNING COMMISSION SUMMARY AND ACTION FROM THE 07/05/23 MEETING: The Planning Commission held a public hearing to consider this Conditional Use Permit on July 5, 2023. Members of the Planning Commission discussed the number of adult dogs, the quantity of litters, and any state agency regulations/licensing requirements for the number of animals proposed. Additional discussion was held on the CUP's recommended attached conditions. The applicant provided a full scope of the kennel operation. The Planning Commission unanimously voted to recommend approval of the CUP as presented and sent the item forward to the Board of Supervisors. Following this public hearing, a decision regarding this Conditional Use Permit application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. CUP # 03 - 23: Candace Lundin PIN: 91 - 3 - 5 Dog Kennel and Breeding Zoning Map V w /" 77' � f d'P CUP#03-23 470w Ow Wr 91 Ilk- yQ� Middletown z J Application N r Sewer and Water Service Area 1 QParcels 7 \\ N E J S r r r Frederick County Planning&Development 107 N Kent St Winchester,VA 22601 540-665-5651 0 110 220 440 Feet Map Created:June 9,2023 CUP # 03 - 23: Candace Lundin PIN: 91 - 3 - 5 Dog Kennel and Breeding Location Map 3 f / Y x �P CUP#03-23 470w Ow ti 01 Im W go xOffi ? S Middletown z Application N r Sewer and Water Service Area 1 QParcels 7 \\ N E J S r r r Frederick County Planning&Development 107 N Kent St Winchester,VA 22601 540-665-5651 0 110 220 440 Feet Map Created:June 9,2023 C',IjPU1-,23 Submittal Deadline Le 1 a�a 3 P/C Meeting 0-1 k o57L).3 BOS Meeting 6 St o9123401 _ APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY,VIRGINIA I. Applicant check one;_. Property Owner Other NAME: Candace Lundin DVM&Frank Zureick ADDRESS: 159 Larrick Lane,Middletown,VA 22645 TELEPHONE AND EMAIL ADDRESS: 540-869-1238 FZureick@earthlink.net 2. Please list all owners, occupants, or parties in interest of the property: Evan Lundin-Property owner Candace Lundin,DVM-Occupant&Sister to property owner Frank Zureick-Occupant&Spouse to Candace Lundin,DVM 3. The property is located at: (please give exact directions and include the route number of your road or street) 159 Larrick Lane,Middletown,VA 22645 From Winchester,1-81 South,Exit 302,Left onto Reliance Road VA-627,Left onto N.Buckton VA-842,bear left onto Larrick Lane First drive on left. 4. The property has a road frontage of 410 _ feet and a depth of 842 feet and consists of 6.32 acres. (Please be exact) 5. The property is owned by Evan Lundin as evidenced by deed from (previous owner) recorded in deed book no. 459 on page 423 , as recorded in the records of the Clerk of the Circuit Court,County of Frederick. 6. Property Identification Number(P.I.N.)913 5 Magisterial District Opequon Current Zoning RA 5 7. Adjoining Property: USE ZONING North Farm,single family home RA East Farm,single family home RA South Farm single family home RA West 1-81 RA 8. The type of use proposed is(consult with the Planning Dent. before completing-): Dog kennel and breeding on 6.32 acres in RA zoning.Relocated from Loudoun County. 9. Describe, if applicable, any new buildings to-be-constructed associated with this use: None. 10. 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 where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: Name and Property Identification Number Address Name Kevin D. Hartford 551 N. Buckton Rd property#91 3 4 Middletown, VA 22654 Name David G & Heather M Campbell 197 Larrick Lane Property#91 3 7 Middletown, VA 22654 Name Mark D & Katherine M Hawkins 174 Larrick Lane [Property#91 A 96K Middletown, VA 22645 Name Mark D & Katherine Hawkins 174 Larrick Lane Property#91 61 2 4 Middletown, VA 22645 Name Steven J & Joni L Zee 122 Quincey Mill Ct Property#91 612 3 Middletown, VA 22654 Name Robert Wayne Lemarr 132 Larrick Lane Property#91 A 96C Middletown, VA 22654 Name Janet Smith 541 N. Buckton Road Property# 91-A-97 Middletown,VA 6 11. Please attach a sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines, site access, public and private roads, and any other pertinent information specific to the desired use (such as parking). A recorded plat is the best thing to use for this if available. 12. Please attach a written description of the proposed use including (as appropriate): hours of operation, number of employees, number of customers anticipated, outdoor storage, and any other pertinent information to address additional regulation for specific uses contained in §165-204 of the Frederick County Zoning Ordinance. I(we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. *All owners listed on the property record shall sign the application. Signature of Applicant Signature of Owner(s) owners'Mailing Address 9041 Rancho Dr., Elk Grove, CA 95624 Owners'Telephone No. 916-417-2314 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: I 8 cK o� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us I Department of Planning&Development, County of Frederick, Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540)665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Evan Lundin Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 9041 Rancho Dr Elk Grove,CA 95624 916417-2314 Mailing Address of Property Owner/Applicant Telephone Number fas owner of,or applicant with respect to, the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 9135 do hereby make,constitute,and appoint: Candace Lundin Name of Attomey-In-Fact 159 Larrick Lane,Middletown,VA 22645 540-869-1238 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to appliration with Frederick County,Virginia for the following,for the above identified property: Rezoning Subdivision u Conditional Use Permit Site Plan u Master Development Plan(prelim.or final) Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one ear from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature - Title(if signing on behalf of an entity) State of 3,(k_ r n r:,. _ _ County/City of_S�" rr�a1+0 To wit: I 1 1 h P 1 tify c� a Notary Public to and for the jurisdiction aforesaid,certhat .. the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me its i)e jurisdiction aforesaid this I -H- day of T:6a ,20-2-� , x My Commission Expires: -P(D C9 Notary PublicRegistration Number: CNttt5rWE CESA w.;npubic-California Sacramento County 7�rcmmisslan N 2402083mm,Expires Apr 16,2026 Conditional Use Permit Submitted for a Cottage Occupation (Dog Breeding Kennel) 159 Larrick Lane Middletown,VA 22645 Proposed Use Dog kennel and breeding on 6.32 acres in RA zoning. Location Planning Property is surrounded by properties that are zoned RA. The area where this property is located is outside the Urban Development Area(UDA),outside the Sewer and Water Service Area(SWSA),and is not part of any other land use plan. Nearest residential dwelling is approximately 400'to the south. Proposal Kennel permit requested to be able to continue DBF Russell Terrier's 20-year history of breeding, raising, training,selling, and showing the purebred Russell Terrier for conformation and performance and to offer for sale, pet pups with predictable size, health and temperament. Up to 15 females of breeding age are maintained,with an almost equal number of males to ensure a broad genetic profile. Stud dogs are available to outside approved females from other preservationist breeders,approximately 6 times per year.Visits to the kennel are by appointment only and average 1-2 per week. The actual kennel building houses a maximum of 16 dogs. Another 15 dogs reside in the home,with crates at night and then outside in 6 dog play-yards during the day in appropriate weather. All yards have shelters. The fully insulated kennel is a converted garage/workshop that has forced-air heat, under floor heating,air-conditioning, inside and outside ceiling fans, hot/cold water and a modified septic.A maximum of 2 part-time employees not residing on the premises may be used in the future. Kennel dogs and house dogs rotate every couple of months so that dogs are all housebroken. Puppies are all litter-box trained starting at 4 weeks of age.Several puppy play pens are in the home in the grooming room,in the kennel,and on a covered deck. Pups are generally 10 to 16 weeks of age before being placed.The number of litters per year ranges from 20 to 30. Litter size for this breed averages 3-5. Breeding females are retired young...usually spayed by 5 years of age...so that they spend most of their lives in a loving pet home. DBF Russell Terriers enjoys an unmatched reputation,with buyers flying from every state in the country plus Canada,to choose a pet pup and take it back in the cabin of the plane. Breeders from Europe and South America look to DBF to add to their breeding programs.The majority of pet buyers are repeat customers or they are referred by friends,family,and neighbors. As a veterinarian,Dr.Lundin is well aware of the requirement to report any animal exposure/dog bite incidents in association with any member of the public visiting the dogs. No bite incident has occurred in 20 years.Vaccinations,dewormings,flea/tick preventives are maintained current. Why Russell Terriers? The Russell Terrier was developed in Australia and became an AKC breed in 2012.It is a versatile breed, small enough(12-16 lbs.)to easily travel, loyal,fun-loving and active but with an 'off-switch'. Height is 10"to 12"tall. DBF Russell Terrier pups have gone on to be used for PTSD therapy,seizure-and diabetic-detection,drug-sniffing, movie acting,companionship for autistic children,children's reading programs as well as for various sporting activities such as agility,racing,obedience,weight pull,dock diving,sung,and more.No pup leaves the premises without a microchip registered back to DBF Russell Terriers as well as to its new owner.Should the owner no longer be able to keep the dog,no matter the reason,they are required to notify DBF Russell Terriers for its return throughout the lifetime of the dog. By contract, none are ever to end up in a shelter or rescue. Background/Professional Experience Dr.Candace Lundin is a veterinarian who began breeding Jack Russell Terriers in 2002 with her husband Frank Zureick in Loudoun County,Virginia. Jack Russells were not yet an American Kennel Club(AKC) recognized breed at that time,and so their terriers became part of the Foundation Stock Service of AKC to bring the breed into the Kennel Club as RUSSELL TERRIERS,with full approval achieved in 2012.Since then,they have continued to develop the breed to meet the AKC and the international breed standard while importing dogs from Japan,Italy, France,Germany, Russia, Norway,Poland,and the Philippines to ensure a broad genetic diversity in the population. All dogs are extensively health tested for genetic diseases prior to being used for breeding. Dr.Lundin&Mr.Zureick originally developed and owned a Thoroughbred horse breeding and training operation near Middleburg,VA. That farm had a creek running through it called Dog Branch Creek and so they named their horse farm,Dog Branch Farm. When they began to breed Russell Terriers,they named their kennel, 'DBF Russell Terriers'. After retiring from horses,they sold the horse farm and moved to the Middletown area and focused solely on the dogs. Dr.Lundin works part-time at Stephens City Animal Clinic and is a freelance medical editor. She is also Founder and President of the Blue Ridge Russell Terrier Club(www.BRR rC.o ), and lectures about the breed to new judges and novice breeders. She occasionally judges at dog shows. Mr.Zureick grooms,trains and shows the dogs at shows throughout the midAtlantic and northeast. They also show internationally, having won at the World Dog Shows in Amsterdam (2018), Helsinki(2016),and Budapest(2014),as well as the European Dog Show in Paris(2022)and the Crufts Show in England(2019). She serves as Breed Mentor for several novice breeders of the Russell Terrier. DBF Russell Terriers is known as Preservation Breeder. Preservation breeders act as conservationists to maintain the separation of different breeds of dogs to preserve their historical differentiation and predictable characteristics in terms of size,appearance,coat,health,and temperament. Dr.Lundin is a former Editor of the two most respected veterinary medical journals in the world—the Journal of the American Veterinary Medical Association and the American Journal or'Veterina�y Research. While on staff at the American Veterinary Medical Association,she served as staff consultant to the Animal Welfare Committee and was Coordinator of Emergency Preparedness,a role in which she managed to incorporate the care of companion animals into THE FEDERAL RESPONSE PLAN of FEMA during federally declared natural disasters,as part of the National Disaster Medical System. Kennel Description The Kennel is a standalone slab-foundation building located approximately 25'from the house.The converted garage/workshop is a 36'x 26' building with a roof overhang of 37'x 8'to provide shade for the outdoor runs.The building is fully insulated with forced air heat, under floor electric heat in the runs,air-conditioning and fans inside and out.A trench drain to a modified septic and drain field, located 30'from the house drain field,is included.The kennel is located more than 100'from the existing well. The kennel contains eight 4'x 6' indoor dog runs connected by dog doors to eight outdoor runs ranging from 4'x 8'to 4'x 12'. Runs are separated by privacy panels of high-density polyethylene both inside and outside. Guillotine dog doors and dog door flaps control the locking dogs inside while cleaning outside and vice versa. Flaps help temperature control and prevent flies inside.Flooring in the indoor runs is poured cement covered with sealed G-flooring,slightly sloped to the trench drain. Flooring in the outdoor runs is 10" drainage gravel covered by a permeable stretched fabric covering,similar to the base fabric of artificial turf,which allows for drainage of liquids while being easy to scoop up solids. Indoor wall siding is fiberglass reinforced plastic(shower wall material)with covered and sealed seams to allow for diluted bleach water spraying of the entire run daily(Wysi-Wash System). Running water with tankless instant hot water heater is included inside. A dry hydrant tap provides outside water to protect against freezing. Lighting is by fluorescent overhead lights inside and motion detector lighting at front and side of building.A portable dehumidifier, pressure washer,and wet/dry vac are also available. A fire extinguisher is mounted in clear view in the center of the kennel.One smoke detector is located near the center of the structure. Vertically hung shade cloth is used to create a side barrier from afternoon sun in the covered dog runs and also serves as a sound buffer. Privacy fencing serves as an extra barrier between the run area and the yard/drive. Off-street parking for up to 4 vehicles besides the owners'vehicles is available.Visits are by appointment only and between the hours of 9am and 6pm seven days a week,with an average of 1-2 visitor appointments per week. Signage consists of a single black powder-coated iron silhouette 2'x 2' hanging on a 4"x 4" post approximately 5' high. Containment Six-foot tall galvanized steel TK Kennel runs with HDPE(puck board)privacy panels are used both inside and outside in the Kennel building.Six-foot vinyl privacy fencing adds a second layer of containment at the outside runs. Dog yards are 4-board fence with no-climb 2"x 4"welded wired buried 8" into the ground.A 12" overhang prevents climbing. HDPE rolls in 24"width prevent fence fighting between the wire grid. All gates have 4"x4"timbers buried in the ground to prevent digging out. An additional 1-acre field for exercise surrounds the horse barn,occupied now only by 2 Netherland Dwarf Goats,is surrounded by 7'tall, heavy-duty,commercial chain link with 3/4"grid (not the standard 2"),also buried in the ground. Dog play yards have electric-heated water bowls,igloo dog houses,dog sheds,shade cloths,and swimming pools depending on the season. Two covered gazebo style pens(10'x 10'and 12'x 12')with commercial plastic modular kennel flooring (Kennel Deck)are covered in shade cloth and topped with waterproof tarps house any dog needing individual pens for exercise,such a female in heat.Each has a fan,dog igloo and heated water bowl. All dogs are microchipped and registered to Dr.Candace Lundin. Waste Disposal&Odor Abatement Kennel waste is picked up daily, bagged and disposed of.Kennel runs are pressure-wash sprayed and then a dilute bleach spray applied.The inside kennel runs are sloped to a trench drain, leading to a buried container with perforations and perforated pipe in gravel in a drain site separate from the home drain site.Outside kennel runs are built over 10"gravel with swale and septic runoff. Outdoor covered deck area,gazebo pens,and back patio graveled areas are also picked up daily and sprayed as needed. Waste in the large yards and fields are cleaned weekly by a commercial service that removes and disposes the waste offsite. Noise Abatement • Fully insulated,closed kennel building with heat and A/C • Dogs are closed in kennel building between 9 pm and 7 am • House dogs inside between 10 pm and 6 am(8 hrs is the most that one should expect a pet to hold its urine) • HDPE solid dividers between kennel runs • HDBE fence dividers between dog yards • Privacy fencing • 1-81 truck traffic noise is background noise Kennel (former garage)circled in red.(6.32 acre property surrounded by small farms) 1 Fs all, ZO .3 Setback from Larrick Ln Aft 1 x Y .- -_ i -i WA RUSSELL TERMERS k I i e�G� a��St N O C: O �O c� Z cn O� ��' �� 4 0 Gr W N N N - co U pig oq OOa GO � O rej O O CL En0) cU Oa v U7 >- tYO - co O -0 7 a T i Cl) +i {, Z ~ r 1 r �Y -4 • Y fi r r .r f � V �L y� co • • co cc • r co k 1 E:l' r > 1 0 00 r'� t Ty r i W ���tdc�o�r dig ro QVr '` Kennel r pad rlJ� Fxtariar-limns J �4 c �ng fans Guillotine door a imp — 4 Trench drain G-floor '1 r•• rtes -. .y l-.� 1' t I ;AIrAT Ael�A�I .. 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Z RECEIPT i« - f �3 'f•'_ _ _' a._ ° =g: 2 2023 Fi gas W If REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick-Winchester Health Department Mail to: Hand deliver to: Frederick-Winchester Health Department Frederick-Winchester Wealth Department Ann:Sanitation Engineer Attn: Sanitation Engineer 107 North Kent Street 107 North Dent Street,_ Suite 201 Winchester.Virginia 22601 Winchester, Virginia (540)722-3450 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Applicant's Name: canaaw Lrmdm,DVM&Frank Zureick Telephone: 54D,186 -1238 Email Address: FZureick@earthlink_net Name of development and/or description of the request: Dog kennel and breeding on 8.32 acres in RA zoning. Kzv W pw,, rmquesred lobe able lo canira DBF PhauWTemoes 20-Yaw hawrY or rea&g.nuun9 trarvM so".and stexM the prebma R uwf 7mrnty Location of Property: 159 Larrick Lane,Mkkiletown.VA 22845 PIN 913 5 From Winchester,1-81 South,Exit 302,Left onto Refiance Road VA-627,Left onto N.Buckton VA-842,bear left onto Laffkk Lane Frederick-Winchester lFlea'ltb Department's Comments: 71ad Health.Dept. Signature& Date: Notice to Health Department-Please Return This Form to the Applicant 1� REQUEST FOR CONDITIONAL USE PERMIT COMMENTS 4 Virgi - Dep rt of TransportaW-- Mail to: Hand deliver to: l- Virginia Department of Transportation Virginia Department of Transpo:.: tion Attn: Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 14431 Old Valley Pike Edinburg,Virginia 22824 Edinburg,Virginia 22824 Applica t: It is your responsibility to complete this form as accurately as possible in order to 6sist the agency with their review. Also,please two (2) ies of your ication form,location and all other pertinent information. Applicant's Name:.Candace Lmuln,DVM&Fnunk Telephone: -s4DMWuU Email Address: FzureickQeadhk*•n* Name of development and/or description of the request: DW kermel and txee&V on 6.32 aeras in RA mNng. KwgW WUi M%Ws a b bo"b mr*=MF Rtes#T~a zayw f*"d txsvck mvkX41 ft h+R 0 end ahmft ro pnbred Bawd Tanim Location of Property: 159 Lamck Lena,MkkBetown,VA 222645 PIN9135 From Wmchester, 81 U%Fait 302,Let!�Co tae road VAP7,Left aft K Soft n VA4142.bW be8 wft 1*Wck Virginsn Dep .rt e . of Tr'nsportst.' Co vats.; VDOT Signature&Date: - - acv 3 Notice to VDOT-Please Reftrn Form to App&=* From: To: Cc: Subject: Candace Lundin,DVM&Frank Zureick Dog Breeding Kennel CUP Date: Wednesday,March 22,2023 9:55:05 AM Attachments: DEPARTMENT OF TRANSPORTATION Stauntan/Edinburg Land Dewebprnent 14011 OW`9,31* a E6mbum VA 22824 Mr. Cheran, A VDOT Review has been completed of the Conditional Use Permit for Candace Lundin, DVM & Frank Zureick to operate a Dog Breeding Kennel at 159 Larrick Lane, Middletown. The existing access to the property appears to be sufficient for the proposed use, which will generate very few trips, according to the CUP application. We have no objection to the Conditional Use Permit as presented. We appreciate the opportunity to review and comment on this CUP request. If you have any questions or need further information, please do not hesitate to contact me. Thanks, Timothy Rhodes VD _� -_ �_='- �-�af Transportation REQUEST FOR CONDITIONAL USE PER!WT COMMENTS Frederick County Fire Marshal,/ Nmto: Hand deliver to; Frederick County Fire Marshal Frederick County Fire&Rescue Dept logo Coverstone Drive Attn:Fire Marshal Winchester,Virginia 22602 Public Safety Building (540)665-6350 1080 Coverstone Drive Winchester,Virginia Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with iheir review. Also,please attach two(2)copies of your application form,location map and all other pertinent information. Applicarirs Dame: Candace Lam.Dvlu&Frank Ztrsaic k Telephone: 5404389-1238 Email Address: Name of development and/or description of the request: Dog kernd and breeding on 8.32 aces in RA znrft_ KaAnel Aoiea�baa oorira�B o8F f3vaa1 Tea's yearl�htory orb�eerirg. 9 4ak* 'tea ab Sh m"Oa pwe- Rusar Tearer Location of Property: 159 Lanick lane.K6ddelo NL VA 22645 Plld 913 5 From fir,a-81 Saft ld 3D2,Left onto Reannce Roed VAW,Laft colo N.&scldon VA4 4Z bear W onto uffu k Lane F Te Alar"Is COMEbentS: Fire Marshal's Signe&Date: GL Notice to Fire Marshal-Please Return This Form 6)the Appinmt gE+CE VISD 10 Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester,VA 22602 Phone:540-665-6350 Fax 540-678-4739 - fmo@feva us Plan Review _- Conditional Use Status: Approved OCCU Candace Lundin 159 Larrick Ln Middletown,VhVnia 22645 Phone: 540-869-1238 Occupant: Printed Date:03/22/2023 Frank Zureic k _ — -- _ - Received Date: 03/08/2023 Occupancy Type: Review Begin Date: 03!22/2023 Property Use: Review End Date: 03/22/2023 Activity Number: 1031164 Hours: 1.0000 Review Cause: Application Project Name Dog Breeding Kennel Comments: PoftbLe fie extinguishers shall be idled as outined in the appbcabte building code. im Adam Hounshetl umtenantlAssistant Fke Marshal Page 1 of 1 REQUEST FOR CONDITIONAL USE PERMIT CONS Frederick County Inspections Department Mailto: Hwad de0verpoc -Frederidk Fnde=ick County 107 North Kent Street,2rJ Floor Ann: Building Official Wined'. V is 22601 107 Nath Kart St tcL 2'd Floor (540)665-5650 W ,Y�la Apert:It is your responsibility to€omplete this form as accurately as passable in order to assist the agency with their wvww. Also,please Mach two(2)copies of you appfication form,location map and all other pertinent information. Applicant's Name: Candace s I Telephone: 5404W9-1238 Email Address: Fz„r�ickr�e � r Name of development andior description of the request: Doge kermiM aid b wdiiny on 6,32 awes in RA zwbV - lC�rtil,�In.'i b 6a ahl�le�U8F r{sraai T�ssr t 7=ysr?iicr��T�.'�isi�,hat�7g.sai�B•atfL'�i�Ufs;'i'ar+st tLBsa[Tm'i�t Location of Property: 159 Lwiick Lane,WkMelaw,VA 22W PIH 913 5 - - - Fmom WbdnsW M SAu_- Exit 3OZ a�ft r;rw Refmnw Koen vA-627, N-BtKMw dA-842,bear left mkt Lwrick lane Bumag Ofl6cWIS CAMMen tS: Building Official's Signature&Date: - a Notice to I Drat-Pkmse ReMm This For to t e Apptica t iI 159 Larrick Lane The current records indicate the building is currently a detached garage.The building will require a change of use permit as per the Virginia Uniform Statewide Building Code. Any new construction will be required to meet the 2018 Virginia Construction Code. An accessible restroom meeting the requirements of ANSI Al 17.1 will be required. Entrances and exits shall meet accessibility requirements per ANSI Al 17.1 Accessible parking and pathway to the building will be required. Exit signage and emergency lighting shall be required. Disposal of animal waste shall require the approval of the Virginia Health Department. U:1Site plan commentslCUP comments 159 Larrick Lane.doc 13 54 1 IL 4 zz C cj 9L -----------IIII :Z8 2 0+ 6/16/23,9:14 AM Untitled Page County Pay/Lookup Taxes Violation Pay Options Real Estate Ticket Detail Previous 2023 REAL ESTATE Dept/Ticket# RE2023/245050001 Frequency 1 Supplement# 0 Name LUNDIN EVAN Map# 91 3 5 Account# 8027061 Name 2 Bill Date 04/15/2023 Acreage 6.320 Address 159 LARRICK LN Due Date 06/05/2023 Improvements $467,900.00 Desc LOT 5&1/2 OF L6 Land Value $98,800.00 MIDDLETOWN VA 6.32 ACRES Land Use $0.00 Zip 22645 1501 Minerals $0.00 Penalty Paid $144.51 Interest Paid $13.25 Last Transaction Date 06/12/2023 Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due $1,445.09 ($1,445.09) $0.00 $0.00 $0.00 $0.00 Transaction History Date Type Transaction# Amount Balance 4/15/2023 Charge 0 $1,445.09 $1,445.09 6/9/2023 Principal Paid 33562 ($1,445.09) $0.00 6/9/2023 Interest Paid 33562 $13.25 $0.00 6/9/2023 Penalty Paid 33562 $144.51 $0.00 Previous https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/REDetail.aspx 1/1