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Conditional Zoning District Application – Updated 02-2022
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
FAX (910) 798-7053
planningdevelopment.nhcgov.com
CONDITIONAL ZONING APPLICATION
This application form must be completed as part of a conditional zoning application submitted through the county’s
online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart
below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the
application, are set out in Section 10.3.3 of the Unified Development Ordinance.
Public Hearing Procedures
(Optional)
Pre-Application
Conference
1
Community
Information
Meeting
2
Application
Submittal &
Acceptance
3
Planning
Director Review
& Staff Report
(TRC Optional)
4
Public Hearing
Scheduling &
Notification
5
Planning Board
Hearing &
Recom-
mendation
6
Board of
Commissioners
Hearing &
Decision
7
Post-Decision
Limitations and
Actions
1.Applicant and Property Owner Information
Applicant/Agent Name Owner Name (if different from Applicant/Agent)
Company Company/Owner Name 2
Address Address
City, State, Zip City, State, Zip
Phone Phone
Email Email
910-620-2374
Wilmington, NC 28406
P.O. Box 3649
910-762-2676
Contact: Hill Rogers / hill@cameronco.com
Bayshore Estates, Inc.Cindee Wolf
Design Solutions
P.O. Box 7221
Wilmington, NC 28406
cwolf@lobodemar.biz
Page 2 of 6
Conditional Zoning District Application – Updated 02-2022
2. Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification
3. Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: Total Acreage of Proposed District:
4. Proposed Condition(s)
0DUNHW6WUHHW 5
ac. +/-R-15 / Vacant Community Mixed-Use
2.74 ac.+/-(CZD) B-1
Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the
district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the
corresponding General Use District are eligible for consideration within a Conditional Zoning District.
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Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater
restrictions on the development and use of the property than the corresponding general use district regulations may
be added. These conditions may assist in mitigating the impacts the proposed development may have on the
surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below.
Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process.
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Page 3 of 6
Conditional Zoning District Application – Updated 02-2022
5.Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of
the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for
all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this
application.
ITE Land Use:
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
6.Conditional Zoning District Considerations
The Conditional Zoning District procedure is established to address situations where a particular land use would be
consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified
Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for
use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive
conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and
the community at-large.
The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional
Zoning district meets the following criteria.
1.How would the requested change be consistent with the County’s policies for growth and development, as
described in the 2016 Comprehensive Plan, applicable small area plans, etc.
Shopping Center (820) 16,000 s.f.+/- GFA &
General Office (710) 16,000 s.f.+/_ GFA
Gross Floor Area
15 + 25 = 40 59 + 24 = 83
The policies for growth and development encourage continued efforts to attract new business.
Sustainability of the County depends on sensible in-fill and maximizing use of lands already
accessible to urban services. The proposed project is typical of other commercial
development along the Market Street corridor.
Page 4 of 6
Conditional Zoning District Application – Updated 02-2022
2.How would the requested Conditional Zoning district be consistent with the property’s classification on the
2016 Comprehensive Plan’s Future Land Use Map.
3.What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is
the land involved unsuitable for the uses permitted under the existing zoning?
The Comprehensive Plan was developed to set the general direction for future growth and
re-development across the County, and identifies the corridor along Market Street as a
Community Mixed-Use place-type. Commercial use and services are appropriate, based on
direct access to a major thoroughfare road, and to serve as transitions between the busy
highway corridor and less dense residential communities beyond.
Market Street is an arterial roadway that supports vehicular circulation for residents throughout
the northern portion of the County. The NCDOT public road project to provide a center
median along this entire length of Market Street form Ogden to Porters Neck is finally nearing
completion, and will vastly improve safety along the busy corridor. The existing low-density
residential zoning district of R-15 is no longer an attractive or reasonable use of properties
fronting the highway.
Page 5 of 6
Conditional Zoning District Application – Updated 02-2022
Staff will use the following checklist to determine the completeness of your application. Please verify all of the
listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as
“N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review;
Staff will confirm if an application is complete within five business days of submittal.
Application Checklist Applicant Initial
This application form, completed and signed
Application fee:
•$600 for 5 acres or less
•$700 for more than 5 acres
•$300 in addition to base fee for applications requiring TRC review
Community meeting written summary
Traffic impact analysis (if applicable)
•The official TIA approval letter is recommended prior to this item being
placed on the Planning Board meeting agenda. The Planning Board may
choose to continue the hearing until the official TIA approval letter is provided.
•The official TIA approval letter is required prior to this item being placed on
the Board of Commissioners meeting agenda.
Legal description (by metes and bounds) or recorded survey Map Book and Page
Reference of the property requested for rezoning
Conceptual Plan including the following minimum elements:
Tract boundaries and total area, location of adjoining parcels and roads
•Proposed use of land, building areas and other improvements
o For residential uses, include the maximum number, height, and type
of units; area to be occupied by the structures; and/or proposed
subdivision boundaries.
o For non-residential uses, include the maximum square footage and
height of each structure, an outline of the area structures will occupy,
and the specific purposes for which the structures will be used.
•Proposed transportation and parking improvements; including proposed
rights-of-way and roadways; proposed access to and from the subject site;
arrangement and access provisions for parking areas.
•All existing and proposed easements, required setbacks, rights-of-way, and
buffers.
•The location of Special Flood Hazard Areas.
•A narrative of the existing vegetation on the subject site including the
approximate location, species, and size (DBH) of regulated trees. For site
less than 5 acres, the exact location, species, and sized (DBH) of specimen
trees must be included.
•Approximate location and type of stormwater management facilities
intended to serve the site.
•Approximate location of regulated wetlands.
•Any additional conditions and requirements that represent greater restrictions
on development and use of the tract than the corresponding general use
district regulations or additional limitations on land that may be regulated by
state law or local ordinance
One (1) hard copy of ALL documents and site plan. Additional hard copies may be
required by staff depending on the size of the document/site plan.
One (1) digital PDF copy of ALL documents AND plans
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NOTES
1.THE PROPERTY LIES IN ZONE 'X' PER NATIONAL FLOOD
INSURANCE PROGRAM FLOOD INSURANCE RATE MAP #
3720315900J DATED 04/03/2006.
2. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES
AND ALL BEARINGS ARE BASED ON GPS OBSERVATIONS.
NAD 83/NSRS 2011/NAVD88, STATE PLANE COORDINATES,
UNLESS OTHERWISE SHOWN.
3. SITE ZONED "R-15" PER NEW HANOVER COUNTY GIS.
SETBACKS SHOULD BE VERIFIED BY APPROPRIATE
AUTHORITIES.
4. AREAS COMPUTED BY COORDINATE METHOD.
5. THIS SURVEY WAS PREPARED BY BATEMAN CIVIL SURVEY
COMPANY, UNDER THE SUPERVISION OF CLARITO F.
CORPUS, JR, PLS.
6. SURVEY PERFORMED WITHOUT THE BENEFIT OF A TITLE
REPORT.
7.NO GRID MONUMENTS FOUND WITHIN 2000'.
8.THIS PROPERTY IS SUBJECT TO ALL EASEMENTS, RIGHT
OF WAYS AND RESTRICTIVE COVENANTS OF RECORD.
9.THERE HAS BEEN NO INVESTIGATION, DESIGNATION OR
LOCATION OF SUBSURFACE UTILITIES FOR THIS SURVEY.
WATER AND SEWER UTILITIES PROVIDED BY CITY OF
WILMINGTON. FOR EXTENT, SIZE, TYPE AND APPROXIMATE
LOCATION CONTACT CITY OF WILMINGTON.
10.RIGHT-OF-WAY REPRODUCED FROM NCDOT TIP PROJECT:
U-4902D SHEET 8. PLANS PROVIDED BY JAKE KOLTISKA,
DIVISION 3, ASISTANT RESIDENT ENGINEER.1 inch = ft.
( IN FEET )
GRAPHIC SCALE
0 25 200
50
1005050
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DRAWING #: 22W109
DATE: 12/12/2022
SCALE: 1" = 50'
CHECKED BY: CFC
DRAWN BY: MAS
DESIGNED BY: BCSC
REVISIONS
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CLASS OF SURVEY: A
POSITIONAL ACCURACY: 0.07'
TYPE OF GPS FIELD PROCEDURE: NC REALTIME
NETWORK
DATES OF SURVEY: NOVEMBER 2022
DATUM/EPOCH: NAD83/NSRS2011/NAVD88/SPC
GEOID MODEL: 18
COMBINED GRID FACTOR(S):1.00001439245
UNITS: US SURVEY FEET
THIS MAP IS OF AN EXISTING
PARCEL OF LAND AND IS ONLY
INTENDED FOR THE PARTIES
AND PURPOSES SHOWN. THIS
MAP NOT FOR RECORDATION.
NO TITLE REPORT PROVIDED.
DEED/PLAT
REFERENCES:
DB 6553, PG 1580
DB 681, PG 107
DB 6096, PG 1208
DB 6116, PG 437
DB 2830, PG 54
DB 3265, PG 219
PB 54, PG 79
PB 54, PG 59
BUILDING SETBACKS:
(PER NEW HAVEN COUNTY ZONING)
FRONT: 25'
SIDE (STREET): 15'
SIDE (INTERIOR): 10'
REAR: 20'
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JIMMYDOT, LLC
PID R03600-005-038-000
DB 6151 PG 558
SEE INSET "A"
24" PINE
24" PINE
24" PINE
INSET "A"
SCALE: 1" = 1'
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LEGEND
EXISTING BOUNDARY CORNER FOUND
BOUNDARY CORNER SET
(#5 REBAR UNLESS OTHERWISE NOTED)
COMPUTED POINT
CONCRETE MONUMENT FOUND
MANHOLE
OVERHEAD UTILITY
SANITARY SEWER EASEMENT
EIP EXISTING IRON PIPE
EIR EXISTING IRON REBAR
IPS IRON PIPE SET
CMF CONCRETE MONUMENT FOUND
PKS PK NAIL SET
PKF PK NAIL FOUND
SSMH SANITARY SEWER MANHOLE
DB DEED BOOK
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R/W RIGHT OF WAY
POB POINT OF BEGINNING
(T)TOTAL
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N/F
JAMES T. BALKCUM JR.
DOROTHY T. BALKCUM
PID R03600-005-037-002
DB 1403 PG 1256
N/F
HEAVEN SOUTH, LLC.
PID R03619-016-029-000
DB 6589 PG 1830
PB 29 PG 22
LOT #14
N/F
SCOTT M. OBERHOLZER
ASHLEY A. OBERHOLZER
PID R03619-016-030-000
DB 5762 PG 183
PB 29 PG 22
LOT #13
N/F
ROBERT E. DOLAN
LINDA J. DOLAN
PID R03619-016-032-000
DB 6088 PG 1356
PB 29 PG 22
LOT #11
N/F
BARBARA A. JORDAN
PID R03600-005-039-000
DB 6096 PG 1208
N/F
DARLENE R. PRIDGEN
PID R03600-005-039-001
DB 5199 PG 165
(MEASURED
)
SANITARY SEWER EASEMENT
VARIABLE WIDTH
(DB 2830 PG 54)
R/W
R/W
(TIE ONLY)
(TIE ON
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(TIE ONLY)
NA
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8
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(TIE ONLY)
CONTROL CORNER
EIR
(NAD 83/NSRS
2011/SPC/NAVD88)
N: 195827.69'
E: 2360063.57'
7644 MARKET ST.
7640 MARKET ST.
7625 LOST TREE RD.
7623 LOST TREE RD.
N/F
SARAH E. BELL
PID R03619-016-031-000
DB 5762 PG 183
PB 29 PG 22
LOT #12
7621 LOST TREE RD.
7617 LOST TREE RD.
7590 MARKET ST.
7600 MARKET ST.
25
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15'
30' POWER EASEMENT
(PB 54, PG. 59 AND PB
54, PG. 79)
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LOT INFORMATION:
OWNER(S): BAYSHORE ESTATES, INC.
PID: R03600-005-020-011
D.B. 681, PG. 107
TOTAL LOT AREA = 2.74 AC.
119,499 SF
Legal Description for
Conditional District Rezoning
of 7620+/- Market Street
Beginning at a point in the southeastern boundary of Market Street (U.S. Hwy. 17), a 124’ public
right-of-way; said point being located at a point 62’ perpendicular to the centerline,
approximately 1580 feet from its intersection with Bayshore Drive; and running thence:
South 82049’08” East, 133.24 feet to a point; thence
South 80003’42” East, 51.29 feet to a point; thence
South 77042’01” East, 254.10 feet to a point; thence
South 45007’36” West, 379.68 feet to a point; thence
North 73029’57” West, 361.82 feet to a point in the southeastern boundary of Market Street;
thence with that right-of-way,
North 73016’54” East, 29.32 feet to a point; thence
North 42030’28” East, 54.04 feet to a point; thence
North 28046’18” East, 185.30 feet to a point; thence
North 42030’28” East, 46.19 feet to the point and place of beginning; containing 2.74 acres,
more or less.
REPORT OF COMMUNITY MEETING REQUIRED BY
NEW HANOVER COUNTY ZONING ORIDINANCE
FOR CONDITIONAL DISTRICT REZONINGS
Project Name: Carson Commercial / 7620+/- Market Street
Proposed Zoning: R-15 to (CZD) B-1 (2.74 ac.)
The undersigned hereby certifies that written notice of a community meeting on the above
zoning application was given to the adjacent property owners set forth on the attached list by
first class mail, and provided to the Planning Department for notice of the Sunshine List on
January 17, 2023 . A copy of that written notice and site layout are also attached.
The meeting was held at the following time and place: Monday, January 30th,
6:00 p.m.; at Picnic Shelter #2, Ogden Park.
The persons in attendance at the meeting were: Reference attached sign-in list
The following issues were discussed at the meeting: A brief presentation was given on the
intent of the developer to construct a 2-story building & associated parking for commercial
services and professional office space. The layout with the building addressing Market Street
and the parking in the rear was explained with the intention of reducing any impacts to the
adjacent residential properties. The buffering requirements on the UDO were described.
The developer’s agent & neighbors agreed to work together to assure minimal impacts by
Preservation of the maximum existing vegetation along the common boundary as possible,
and the location of an 8-foot high screening fence. Overall, the consensus appeared to be
reasonable support, feeling that the proposed use was better than possible alternatives.
Date: January 31, 2023
Applicant: Design Solutions
By: Cindee Wolf
1
cwolf@lobodemar.biz
From:cwolf@lobodemar.biz
Sent:Friday, January 20, 2023 10:03 AM
To:'Tom Riggins'
Cc:Pete Vinal; 'tjl6963@yahoo.com'
Subject:RE: 7620 market st building
Mr. Riggins,
Stormwater management is certainly a requirement. This project would be propose by under‐pavement infiltration
within the rear parking area. That is a very common method for treatment & attenuation on smaller commercial tracts
with reasonably sandy soils. Detailed design & permitting will be based on actual soils testing for seasonal groundwater
depth & infiltration rate, along with all other required calculations before construction can begin. Not having an open
pond is often preferable when considering concerns such as fencing for safety & possibility of mosquito issues.
Thank you for your interest.
Cindee Wolf
Tel. 910‐620‐2374
From: Tom Riggins <oopstom@gmail.com>
Sent: Thursday, January 19, 2023 5:09 PM
To: cwolf@lobodemar.biz
Subject: 7620 market st building
Looking at the site plan‐‐I don't see a retention pond ! Living on Pages
creek‐‐we need to protect it from more runoff..
‐‐
Regards , Tom Riggins
ADJACENT PROPERTIES WITHIN 500' PERIMATER OF 7620 MARKET STREET:
PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP PROPERTY ADDRESS
7650 MARKET STREET LLC 3811 COTTONWOOD DR DURHAM, NC 27705 7650 MARKET ST WILMINGTON
AAA CAR WASH LLC 6600 AAA DR CHARLOTTE, NC 28212 WILMINGTON
ACNS LLC PO BOX 10863 WILMINGTON, NC 28404 7649 MARKET ST WILMINGTON
BALKCUM JAMES T JR DOROTHY 156 EDGEWATER LN WILMINGTON, NC 28403 7644 MARKET ST WILMINGTON
BASS WILLIAM R JUDY B 7701 LOST TREE RD WILMINGTON, NC 28405 7701 LOST TREE RD WILMINGTON
BAYSHORE ESTATES INC PO BOX 3649 WILMINGTON, NC 28406
BEHAJ GJERGI 7627 LOST TREE RD WILMINGTON, NC 28411 7627 LOST TREE RD WILMINGTON
BELL ROBERT B III GAYLE T ETAL 7621 LOST TREE RD WILMINGTON, NC 28405 7621 LOST TREE RD WILMINGTON
BOOTH ANGELA L 7601 LOST TREE RD WILMINGTON, NC 28411 7601 LOST TREE RD WILMINGTON
BURNS CASEY G ETAL 6442 SHINNWOOD RD WILMINGTON, NC 28409 7703 LOST TREE RD WILMINGTON
CHRISTS SANCTIFIED HOLY CHURCH PO BOX 298 HAMPSTEAD, NC 28443 7517 MARKET ST WILMINGTON
COBLE MCFAYDEN INVESTMENTS LLC 7244 MARKET ST WILMINGTON, NC 28411 7627 MARKET ST WILMINGTON
COX LAWRENCE H ETAL 7613 LOST TREE RD WILMINGTON, NC 28411 7613 LOST TREE RD WILMINGTON
DHP INVESTMENTS LLC 7655 MARKET ST STE B WILMINGTON, NC 28411 7655 MARKET ST WILMINGTON
DOLAN ROBERT E LINDA J 7617 LOST TREE RD WILMINGTON, NC 28411 7617 LOST TREE RD WILMINGTON
DUDLEY MARK W SAMATHA J R 7700 LOST TREE RD WILMINGTON, NC 28405 7700 LOST TREE RD WILMINGTON
GEIGER BARBARA A 7609 LOST TREE RD WILMINGTON, NC 28405 7609 LOST TREE RD WILMINGTON
HEAVEN SOUTH LLC 210 SPARKLING LAKES RD HIGHLANDS, NC 28741 7625 LOST TREE RD WILMINGTON
JACKSON INVESTMENTS 446 AQUARIUS DR WILMINGTON, NC 28411 7654 MARKET ST WILMINGTON
JIMMYDOT LLC 7718 MARKET ST WILMINGTON, NC 28411 7640 MARKET ST WILMINGTON
JORDAN BARBARA A 7590 MARKET ST WILMINGTON, NC 28411
JORDAN BARBARA ANN 7590 MARKET ST WILMINGTON, NC 28405 7590 MARKET ST WILMINGTON
JORDAN BARBARA ANN 7590 MARKET ST WILMINGTON, NC 28405 7590 MARKET ST WILMINGTON
KENNEDY ROBERT L LISA LEE 7616 LOST TREE RD WILMINGTON, NC 28411 7616 LOST TREE RD WILMINGTON
LORD AUSTIN C SUZETTE ADRIANA 7600 LOST TREE RD WILMINGTON, NC 28411 7600 LOST TREE RD WILMINGTON
LOST SPRING PROPERTIES LLC 249 MARE POND PL HAMPSTEAD, NC 28443 7643 MARKET ST WILMINGTON
LOST SPRING PROPERTIES LLC 249 MARE POND PL HAMPSTEAD, NC 28443 106 MARSHALL CT WILMINGTON
LOST SPRING PROPERTIES LLC 249 MARE POND PL HAMPSTEAD, NC 28443 102 MARSHALL CT WILMINGTON
LOST TREE LLC 7722 LOST TREE RD WILMINGTON, NC 28411 7658 MARKET ST WILMINGTON
MARSDEN JAMES F PATRICIA M 7624 LOST TREE RD WILMINGTON, NC 28411 7624 LOST TREE RD WILMINGTON
MILLER DAN O JR CATHERINE F 7705 LOST TREE RD WILMINGTON, NC 28411 7705 LOST TREE RD WILMINGTON
NORTON CAROL B 7605 LOST TREE RD WILMINGTON, NC 28405 7605 LOST TREE RD WILMINGTON
OBERHOLZER SCOTT M ASHLEY A 7623 LOST TREE RD WILMINGTON, NC 28411 7623 LOST TREE RD WILMINGTON
PRIDGEN DARLENE R 631 CREEKWOOD RD WILMINGTON, NC 28411 7600 MARKET ST WILMINGTON
SHANNAHAN MEGAN L 7620 LOST TREE RD WILMINGTON, NC 28411 7620 LOST TREE RD WILMINGTON
SITES BRETT BURKLEY 7604 LOST TREE RD WILMINGTON, NC 28411 7604 LOST TREE RD WILMINGTON
TIETJEN BRANDON ETAL 7608 LOST TREE RD WILMINGTON, NC 28411 7608 LOST TREE RD WILMINGTON
VIGNEAULT ADRIAN W MELISSA A 7521 LOST TREE RD WILMINGTON, NC 28411 7521 LOST TREE RD WILMINGTON
WHITMARSH NIGEL I 7612 LOST TREE RD WILMINGTON, NC 28411 7612 LOST TREE RD WILMINGTON
January 17, 2023
To: Property Owners in the Vicinity
Re: 7620 Market Street Commercial
A commercial project is proposed for a vacant tract at the referenced address. This proposal would
require a Conditional Zoning District (CZD) approval from New Hanover County.
A Conditional Zoning District allows particular uses to be established only in accordance with specific
standards and conditions pertaining to each individual development project. Essentially, this means
that only that use(s), structure and layout of an approved proposal can be developed. An exhibit of the
project layout is enclosed.
The building would be 2‐story, but oriented along the Market Street frontage, with only the parking
being to the rear of the power line easement. The uses would be limited to common retail‐style shops
on the ground floor, and professional offices above.
A meeting will be held on Monday, January 30th, 6:00 p.m., at Picnic Shelter #2, Ogden Park Drive
(north side of the lake adjacent to the Dog Park). It will provide an opportunity for further explanation
of the proposal and for questions to be answered concerning project improvements, benefits and
impacts. If you cannot attend, you are also welcome to contact me at telephone # 910‐620‐2374, or
email cwolf@lobodemar.biz with comments and/or questions.
We appreciate your interest in the project, look forward to being an asset to the community.