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HomeMy WebLinkAboutZ26-04 ApplicationApplicant and Property Owner Applicant/Agent Name Property Owner Name (if different from 7650 Market Street, LLC Applicant/Agent) by its agent/attorney Colin J. Tarrant 7650 Market Street, LLC/ Khalid Saleh, Manager Applicant/Agent Company (if applicable) Property Owner Company (if applicable) Block, Crouch, Keeter, Behm & Sayed, LLP Subject Property Information Address/Location Parcel Identification Number(s) 7650 Market Street, Wilmington NC 28411 R03600-005-037-000 Total Parcel(s) Acreage Existing Zoning and Land Use(s) 1.44 B-2 Zoning (subject to SHOD designation) Future Land Use Classification Community Mixed Use Proposed Zoning, Use(s) & Narrative Note: Only uses permitted in the corresponding General Use District are eligible for consideration in a Conditional Zoning District. Proposed Conditional Zoning District: Total Acreage of Proposed District: B-2 Zoning (removal of SHOD for sign height 1.44 and location onl Maximum Residential Density (if applicable): Housing Type(s) (if applicable): N/A N/A Maximum Square Footage of Non- Proposed Non -Residential Land Use(s) (if applicable): Residential Use(s) (if applicable): N/A N/A Please provide a statement about the purpose of the district and a project narrative (attach additional pages if necessary). The purpose of the requested Conditional B-2 rezoning is to allow the existing freestanding sign located on the subject property at 7650 Market Street to remain in its current location and at its current height. The property is presently zoned B-2 Highway Business District and is also subject to the requirements of the Special Highway Overlay District ("SHOD"). No expansion of the building footprint, no additional square footage, and no new development are proposed. The sole purpose of this conditional rezoning request is to permit the continued existence of the existing sign as currently constructed. Page 1 Conditional Rezoning Application - Updated 03-2026 2. Subject Property Information Address/Location 7650 Market Street, Wilmington NC 28411 Total Parcels) Acreage 1.44 Future Land Use Classification Community Mixed Use Parcel Identification Number(s) R03600-005-037-000 Existing Zoning and Land Use(s) B-2 Zoning (subject to SHOD designation) 3. Proposed Zoning,, Use(s) &Narrative Note: Only uses permitted in the corresponding General Use District are eligible for consideration in a Conditional Zoning District. Proposed Conditional Zoning District: Total Acreage of Proposed District: B-2 Zoning (removal of SHOD for sign height and location only 1.44 Maximum Residential Density (if applicable): Housing Type(s) (if applicable): N/A N/A Maximum Square Footage of Non- Proposed Non -Residential Land Use(s) (if applicable): Residential Use(s) (if applicable): N/A N/A Please provide a statement about the purpose of the district and a project narrative (attach additional pages if necessary). The purpose of the requested Conditional B-2 rezoning is to allow the existing freestanding sign located on the subject property at 7650 Market Street to remain in its current location and at its current height. The property is presently zoned B-2 Highway Business District and is also subject to the requirements of the Special Highway Overlay District ("SHOD"). No expansion of the building footprint, no additional square footage, and no new development are proposed. The sole purpose of this conditional rezoning request is to permit the continued existence of the existing sign as currently constructed. Page 2 of 8 Conditional Rezoning Application -- Updated 10-2025 4. Proposed Condition(s 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. This conditional rezoning is intended to provide site -specific relief and is tied directly to the attached site plan. Compliance with all other SHOD related protections shall continue on the property and are agreed by Applicant to be conditions of approval except for the existing sign's current location and height. No additional signage, increased height, relocation or expansion is requested. The request does not increase the development intensity, traffic, or land use impacts and is limited solely to maintaining the sign as presently installed. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based on the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. Developments that generate 100 or more trips in the AM or PM peak hour must include a complete TIA with the application materials. The TIA must be approved by NCDOT and the WMPO before the item can be considered by the Board of Commissioners. Recommendation: Before applying contact the WMPO to confirm the most appropriate ITE code and traffic generation rate is being applied. If the information has been verified, please attach a copy of the verification with the application. Unverified information submitted with the application may result in the application being ineligible to move forward to a Planning Board agenda. ITE Land Use (Code): N/A — No changes from prior approval. Trip Generation Variable (gross floor area, dwelling units, etc.): N/A — No changes from prior approval. AM Peak Hour Trips: N/A — No changes from prior approval. I PM Peak Hour Trips: N/A — No changes from prior approval. Page 3 of 8- Conditional Rezoning Application - Updated 10-2025 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 policy guidance of the 2016 New Hanover County Comprehensive Plan, zoning considerations, and technical review. Conditional rezonings are intended to provide orderly transitions between different zoning districts or land uses where additional conditions and district limitations may safeguard adjacent land uses benefiting all parties and the community at large. The application must include an explanation of how the proposed Conditional Zoning district meets the following criteria. (include references and attachments to plans where applicable). 1. How would the requested change be consistent with New Hanover County's policies for growth and development, as described in the New Hanover County Comprehensive Plan or other applicable, adopted plans? The proposed rezoning is generally consistent with the goals and objectives of the 2016 Comprehensive Plan, and the type of business uses encouraged in the Highway Business District or B-2 Zone. This is evidenced by the current approvals and ongoing operation of the business at the location. The policies for growth and development encourage continued efforts to attract new business. Sustainability of New Hanover County depends on sensible in -fill and maximizing use of lands already accessible to urban services. The Uniform Development Ordinance (UDO) declares the Special Highway Overlay District's (SHOD) purpose is to protect the natural beauty and scenic vista along interstate highways and other specially designated roadways that serve as major accessways or gateways into New Hanover County. The requested change is to the existing sign's location and height within the SHOD, with all other SHOD related protections continuing on the property as conditions of approval. 2. How would the requested Conditional Zoning district be consistent with the property's classification on the Comprehensive Plan's Future Land Use Map? The 2016 Comprehensive Plan was developed to drive future growth and redevelopment throughout New Hanover County, and the Market Street corridor has been identified as a Community Mixed -Use place type. The commercial uses and services are appropriate, based on direct access to a major thoroughfare road and to serve as transitions between the highway corridor and less dense residential communities within the area. The current development and use of the property was previously approved and deemed consistent with the Comprehensive Plan. This request is consistent with the property's classification on the Future Land Use Map and asks for removal of SHOD's sign height and location protections as their application impose more severe zoning requirements for 7650 Market Street, LLC than the current B-2 zoning. Specifically, the SHOD places heightened restrictions and protections on building setbacks, as well as height requirements for signs located therein. Applicant agrees to continue all other SHOD related protections on the property as conditions of approval. Page 4 of 8 Conditional Rezoning Application - Updated 10-2025 3. What significant neighborhood changes have occurred that may make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Market Street is a vital roadway that supports vehicular circulation for residents throughout the northern portion of New Hanover County. Market Street from Middle Sound Loop Road to Marsh Oaks Drive (1.6 miles) was widened as part of the North Carolina Department of Transportation project ongoing since 2024, including during the time of construction and development of the current service station business located at the property. This was done to improve capacity, aid in managing population growth and reduce traffic congestion on Market Street. In widening Market Street, many property owners along Market Street, including applicant's property, lost considerable road frontage due to the creation of additional lanes and the replacement of the turning lane with a median. As the SHOD continues to be calculated from the boundary line of the right-of-way, its application now restricts substantially more of applicant's property than prior to the widening project. Additionally, properties along Market Street have been removed from the SHOD, including the adjacent property located directly to the south of the applicant, with SHOD related protections as conditions of the rezoning as requested herein. Removal of the SHOD's sign height and location protections would not allow, nor does the applicant seek any additional construction or development beyond the current use, but it would bring the current sign located on the property into compliance with the UDO, as its current height and location meet the requirements of the B-2 zoning classification. Page 5 of 8 Conditional Rezoning Application - Updated 10-2025 7. Application Requirements Staff use the following checklist to determine if the application is complete. Please verify all 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 to be processed for further review. Staff will confirm if an application is complete within five business days of submittal. Applicants are encouraged to arrange an informal pre -application meeting with Planning staff at least two weeks before applying. Pre -application meetings help improve the chances of submitting a complete application. Applicant Application Checklist And Acknowledgement Initial ❑ This application form, completed and signed (all property owners must Cr sign signatory page) ❑ Copy of most recent annual filing identifying the owners /officers / managers from the Secretary of State's Business Registry for any LLCs or other companies listed on the application. ❑ Application fee: C�r $600 for 5 acres or less` • $700 for more than 5 acres ❑ Community Information Meeting Report (complete and signed by authorized agent or all property owners) ❑ Traffic Impact Analysis if applicable (use of attached report document is recommended) • The official TIA approval letter is recommended before this item is placed on a Planning Board agenda. The Planning Boad may choose er­_ to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required before this item is placed on a Board of Commissioners agenda. ❑ Legal description (by metes and bounds) or recorded survey with Map Book and Page reference of the property or area requested for rezoning. ❑ Conceptual Plan including the following minimum information. Not if information beyond the minimum requirements is shown on the concept plan they may be considered conditions of approval and may not be eligible for approval as a minor deviation. Tract boundaries and total acreage • Location of adjoining parcels and roads Cam' • Proposed land use, building areas and other improvements o Residential uses: include the maximum density, unit count, height, and type of housing, maximum area occupied by structures, and proposed subdivision boundaries. Page 6of8 Conditional Rezoning Application — Updated 10-2025 o Non -Residential uses: include the maximum square footage and height of each structure, an outline of the area structures will occupy, the specific purpose / land use and how each structure will be used. • Proposed transportation and parking improvements; including proposed rights -of -way and roadways, proposed access to and from the site, and arrangement and access to parking areas. • All existing and proposed easements, required setbacks, rights -of - way, and buffers. • The location of Special Flood Hazard Areas. • For sites less than 5 acres in size a tree survey is required identifying the exact location, species and size of all specimen trees on site. For sites more than 5 acres a narrative is required describing the existing vegetation on site including the approximate location, species, and size (DBH) of regulated trees. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Location of any existing wells or septic systems on site. • 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. ❑ Documentation on soil types and infiltration rates if underground c7r stormwater facilities are proposed. ❑ One (1) digital PDF copy of ALL documents AND plans e—T Page 7 of 8 Conditional Rezoning Application — Updated 10-2025 8. Acknowledgement and Signatures Note: This form must be signed by the property owner(s) of record. A signature is required for each owner of record if there are multiple owners. By signing below, I understand and accept the following: • All the conditions, limitations, and obligations of the conditional rezoning process for which I am applying. • That the existing Official Zoning Map is presumed to be correct. • 1 certify that this application is complete, and all information presented in this application is accurate to the best of my knowledge, information and belief. • 1 am legally able to make decisions regarding the subject property and apply for this application to make changes to the subject property. • If applicable, I also appoint the applicant/ agent listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/ agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. An authorized agent or the property owner will attend each public hearing scheduled for the application to represent the request and answer questions if called upon. If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the changes will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. If a request is made to delay consideration by the Planning Board or Board of Commissioners before public notice has been sent out in the mail or to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the county's adopted fee schedule will be required. �;T- q1, Z� Signature of Property Owner/ Authorized Agent Print Name Date Signature of Property Owner/ Authorized Agent Print Name Date Page 8 of 8 Conditional Rezoning Application - Updated 10-2025 fl `) NEW HANOVER COUNTY 1 Ir • -`'���, DEPARTMENT OF PLANNING & LAND USE 0 230 Government Center Drive, Suite 11 0 z Wilmington, North Carolina 28403 Telephone (910) 798-7165� Nhcgov.com/528/Planning-Land-Use y. r 1EiRtIsI11-0 �+ . TRAFFIC IMPACT ANALYSIS REPORT Applicants are encouraged to fill out this report in addition to providing the required Traffic Impact Analysis to allow for efficient staff review and Board consideration of your application. Address/Location Approval Date 7650 Market Street, Wilmington, NC 28411 September 1, 2021 Development Proposal Analyzed (number and type of residential units and/or square footage and land use code of non-residential structures) N/A — No changes from prior approval. Study Intersections N/A — No changes from prior approval. Traffic Data Collection Date(s) N/A — No changes from prior approval. Trip Generation N/A — No changes from prior approval. Page 1 of 2 Community Information Meeting Report - Approved 06-2022 Trip Distribution and Assignment N/A— No changes from prior approval. Approved Developments Considered N/A — No changes from prior approval. Planned Roadway/Intersection Improvements Considered N/A — No changes from prior approval. Approved Background Growth Rate N/A — No changes from prior approval. Required Improvements (with phasing if proposed) N/A — No changes from prior approval. Page 2 of 2 Community Information Meeting Report - Approved 06-2022 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 11 0 Wilmington, North Carolina 28403 Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use COMMUNITY INFORMATION MEETING REPORT This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned development, or intensive industry special use permit in order for the application to be deemed complete. Address/Location Parcel Identification Number(s) 7650 Market Street, Wilmington, NC 28411 R03600-005-037-000 Meeting Date and Time March 26, 2026 at 6:00 P.M. Format (Virtual, In -Person, Hybrid) Location if In -Person or Hybrid In -Person Lutheran Church of Reconciliation, 7500 Market St., Wilmington, NC 28411 Selection Criteria for Location Proximity to the site; ability to hold large number of people Meeting Summary Issues and Concerns Discussed at Meeting 1. Lighting • Concerns regarding bright lights from the property that shine into the rear of her home and through neighbors' windows, causing ongoing disturbance. 2. Construction Disturbances - Concerns regarding 7650 Market Street, LLC as a disruptive neighbor during the construction process. Key issues raised: o Heavy machinery and tools operating during business hours caused significant disturbances to neighboring property owners' practice next door. o Vibrations from construction equipment caused pictures to fall within neighboring property owners' establishment. o These disturbances raised alleged safety concerns for neighboring property owners' patients and staff. 3. Regulatory Compliance • Concern about the proposed straight rezoning and the removal of the SHOD (Special Highway Overlay District). o The current 100-foot SHOD setback effectively extends from the right-of-way line to the rear property line, limiting development potential. o Neighbors are concerned that removal of the SHOD could allow additional uses — such as a car wash — on the rear portion of the property. o Neighbors reiterated a general belief that the property owner has not complied with applicable regulations. Page 1 of 2 Community Information Meeting Report - Approved 06-2022 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) No modifications were made to the existing application because the issues and concerns were mainly related to lighting, construction disturbances, and regulatory compliance regarding the Property. There were no explicit issues or concerns regarding the sign height, however, neighbors are frustrated with the matter and are of the opinion that the property owner has disregard for the rules. Report Attachments All of the following items must be submitted as part of the required community information meeting report in addition to this form. Checklist Applicant Initial D A list of names and addresses of attendees C7' ❑ A list of the names and addresses of invitees and copies of any returned mailings received to date C►7" D A copy of the mailed notice with all attachments GT D A copy of all materials distributed or presented at the meeting CT Acknowledgement and Signatures By my signature below, I hereby certify that written notice of the community Information meeting as described above was mailed and/or personal delivery to property owners within 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] 3 /a7z ri A copy of the written notice is also attached. I also hereby certify that the meeting summary and list of attendees is accurate and representative of the proceedings at the community information mee-tiing. �T[ � r25, � mel_JAI/� V• L;rI Ph1 Signature of Applicant or Applicant's Agent Print Name tq/l/2Co Date Page 2 of 2 Community Information Meeting Report - Approved 06-2022 AI TACHMENT A Community Meeting —Attendee Information Meeting Date: March 26, 2026 Purpose: Required Community Meeting — Zoning Application Mailing Status: No returned mailings received to date Notified Adjacent Property Owners Joseph Davis 7722 Lost Tree Road Elizabeth Sites 7604 Lost Tree Road Gayle Bell 7621 Lost Tree Road Wilmington, NC 28405 Wilmington, NC 28405 Wilmington, NC 28405 Certification: The undersigned certifies that notice of the above community meeting was mailed to all adjacent property owners of record and that no mailings were returned as of the date of this application. 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PROJECT DESCRIPTION The Property is currently zoned B-2 Highway Business District and is subject to the Special Highway Overlay District (SHOD). The applicant is requesting a Conditional Rezoning to modify the applicability of the SHOD to the Property in order to allow the existing freestanding sign located on the Property to remain at its current height and location following the widening of Market Street. No new development or expansion of the existing building footprint is proposed, and no changes to the current as -built survey are requested. The Community Meeting is being held to provide an overview of the proposed Conditional Rezoning and to obtain community input and feedback. 7650 Market Street, LLC has requested the proposed Conditional Rezoning. The law firm of Block, Crouch, Keeter, Behm & Sayed, LLP has been retained in connection with the Conditional Rezoning. Please contact Block, Crouch, Keeter, Behm & Sayed, LLP at the information below with questions or comments. COMMUNITY MEETING INFORMATION Location: Date & Time: For Questions/Concerns: Lutheran Church of Reconciliation, 7500 Market St., Wilmington, NC 28411 Thursday, 26 March 2026 at 6:00 P.M. Block, Crouch, Keeter, Behm & Sayed, LLP 910-763-2727 w o, rn . ,.� z w a w N ® O a w 0 Z� 0 oN W�-D � z w � 0 .a) 0 U u Od � O � ,--� Un 7:� O N ate, S—' 4 J O � F-� O c� � �J ;--' 0 �DA F� C, d ct Z O 00 N cd O S c~o O 'C� .- j O � � O Q-, O � CD O r 00 U �o 0 0 �o o 0 a �o o C/D co cd Q a ~ U O r--� � cld d- d- a o}' Cd E-1 Fi 0 Iflb�o Q U N U rn t4� � cd bA N U ^ � '' Q � C� 0 U p l U O c� bA - r� O bA bJD O 0O O ~ O +J F U O � U CTJ , CD -+ v ` O U p cc o o � � � o � V Q 0 +bJO cz o D O 0 U cd a� a� WU U b.0 U � O � Q 0 0 0 N o �1 O U ^� O a� + d U) . � CDO � U O U ms-0 o Fq 0 w � E-+ 4 U 0 +-j a� 0 od o biO Od � v r 0 N � N Q-' O +' O � a +-r c1d o bj0 4 rl cnO CAI � O � ct 0 rr , r cd N o®o � a) o b0 a. ct o 0 0 bb-O 0 vD cz bbo _o a Cd O �b�Q b.0 � r N --s-. 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COUNTY OF NEW HMOVER 13K: R8 6405 PG: 2152 - 2156 NC FEE $26-00 2021004272 RECORDE0. NEW HANOVER COUNTY, 01/28/2021 REAL ESTATE 01:66:31 PM TAMMY THEUSCH PIVER EXTX $2600.00 BY. ANDREA CRESWELL REGISTER OF DEEDS ASSISTANT ELECTRONICALLY RECORDED GENERAL WAPILANTY DEED PEVEM3E STAMPS,: $2r600.00 Tax Parcel ID # R03600-005-037-001 & R03600-005-037-000 Mail After Recordingr To.- 7650 Market Street LLC (Grantise,ls Address) 3811 Cottonwood Drive Durham, NC 27705 DRAW BY CALDER LAW, PLLC 1410 Commonwealth Drive, #205, Wilmington, NC 28403 No title examination was requested or performed in connection with the preparation of this instrument unless expressly in an Opinion signed by the drafting ing Attorney, .RETUlkNED TO: Marion Law Office I?LLC 2741 University Drive, Durham, NC 27707 a K/A If chockedr the property includes the pr = ary residence of at least one of the Grantors, otherwise, note as N/A. (per NC GS § 105-317.2) Grantor's Address: 8044 Bald Eagle Lane Wilmington, NC 28411 Brief Description: Metes and Bounds This Deed, made and entered into this the 15th day of January, 2021,, by and between Ann S. Downing, an un-remarried widow., the GRANTOR herein; and, 7650 Market Street, LLC, a North Carolina limited liability corapany, the GRANTEE herein, W1 TNES SETH: That the Granter (s), for and in the consideration of the sum of One Dollar and other valuable consideration, the receipt of which is hereby acknowledged, has and by these presents, does grant, bargain, sell and convey unto the Grantee(s) 'in fee simple, submitted electronically by "Bailey & Busby, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. Book 6405 Page 2153 that real estate . located in the County of New Hanover, State of North Carolina, more particularly described as follows. Being those tracts located at 7650 and 7654 Mark6t Street 'in Wilmington, New Hanover County, WC having Tax Parcel ID Numbers R03600-005-037-001 & R03600-005- 037-0004 described in instruments recorded in Book 12141 Page 447 and in Book 1646, Page 1384 in the said New Hanover County Registry, as the same is more particularly described in that Exhib±t A attached hereto and incorporated herein by reference, To have and to hold the aforesaid lot or parcel, together with all privileges and appurtenances thereto, heretofore belonging to the Grantee(s) in fee simple. The Grantor' (s) covenants with the Grantee(s) that Grantor(s) is seized of the premises in fee simple, has the right to convey the same in fee simple, that the title i's marketable and free and clear of all encumbrances,, and that Grantor(s) will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is sub3ect to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; ad valorem taxes; all applicable restrictive covenants and rights reserved or granted therein; the right of way of Market Street (U.S. Highway 173 as it changes from time -to -time; all leases on the tracts; and all applicable utility, drainage and other easements of record. In witness whereof, the Grantor(s) have hereunto set their hands and seals thi*-,the day and year first abovia written. . If grin S. Downing STATE OF NORTH CAROLINA COUNTY OF N HANOVER 1, a Notary Public of the County and State aforesaid, certify that Ann S, Downing personally appeared before me, known to one or proven to me by photographic identification, this day and acknowledged the execution of the foregoing instrument. Witness my hand and of January, 2021. Aj C t i - if. official s" seal, this the 15th day Notary Pub-T-t-c Printed Name: My Commission Expires: 0-7126za 7- 1 Book 6405 Page 2154 EXHIBIT A LEGAL DESCRIPTION DEED Ann S. Downing TO 7650 Market Street, LLCI That real estate located in the County of New Hanover, , State of North Carolina, more particularly described as follows: Being those tracts located at 7650 and 7654 Market Street in Wilmington, New Hanover County KC having Tax Parcel ID Number R03600-005-037-001 P,03600-005-037- 000; described in instrument recorded in Book 1214, Page 447 and in Book 1646, Page 1384 in the said New Hanover County Registry, as the same are more particularly described as follows: TRACT ONE: BEGINNING at an iron pipe in the Southeastern line of Market Street (u.S. Highway No. 17, 100.0 foot right-of-way) that is South 46 degrees 26 1/2 m1nutes West along said line of said road 184.00 feet from an old axle, the Western -most corner of the Old Mary Watters tract, said axle being South 46 degrees 26 1/2 minutes West along said line of said road 254.47 feet from a point that 'is opposite the center of a said axle being the Northern - culvert under said road, saX Northern- most corner of the tract conveyed to Godwin Investment by deed recorded in Book 868 at Page 407 of the New Hanover County Registry, said axle also being North 46 degrees 26 1/2 minutes east along said line of said road 36.7 feet from its intersection with the center 11ine of Alexander Road (S,,R. 1345), if same were extended Southeastwardly- running thence from said beginning point South 53 degrees 22 minutes East and parallel with the Northeastern line of said Godwin Investment Corporation tract 250.0 feet to an ixon papa- thence South 46 degrees 26 1/2 minutes West and parallel with Market Street 61.74 feet to an iron pipe in the Northern line of the tract conveyed to Harvey S. Moore and wife by deed recorded in Book 771 at Page 6 of said registry - thence North 74 degrees 20 minutes West along said Moore 11ne 97.26 feet to an old angle iron the Northwestern corner of said Moore tract, thence North 50 degrees 41 minutes West along the Northeastern line of the second tract conveyed to Godwin Investment Corporation by deed recorded in Book 841 at Page 602 of said registry, 164.04 feet to an old angle iron in the Southeastern line of Market Street; thence North 46 degrees 26 1/2 minutes East along said line of said road 89.25 feet to Book 6405 Page 2155 the point of beginning; the same containing 0. 50 acre the Western portion of the tract conveyed to Ronald E. Moore and wife by deed recorded in Book 1210 at Page 154 of the New Hanover County Registry. TOGETHER with and subject to an easement for ingress and egress over and across a strip of .and twenty (20) feet in width, the center line of same being the Northeastern line of the above described tract, said easement extending Southeastwardly along said Northeastern line, a distance of 140.0 feef, from the Southeastern line of Market Street, the Southeastern terminus of same being parallel with Market Street, SUBJECT to the thirty (30) foot power line easement of Carolina Power and Light Company that crosses the above described tract, said easement being about parallel with Market Street. SUBJECT to that drainage easement recorded in Book 1649 Page 124 in the New Hanover County Registry. SUBJECT to the right of way of Market Street (U .S. Highway 17) see Deed in Book 6109 Page 443 in the New Hanover County Registry. TRACT TWO : BEGINNING at an old axle in the Southeastern line of Market Street (U. S. Highway No. 17, 100. 0 foot right -of -way) , the Westernmost corner of the old Mary Watters tract, said axle being South 46 degrees 26 1/2 minutes West along said line of said road 254.47 feet from a point that is opposite the center of a culvert under said road, said axle being the Northernmost corner of the tract conveyed to Godwin Investment Corporation by deed recorded in Book 868 at Page 407 of the New Hanover County Registry, said axle also being North 46 degrees 26 1/2 minutes East along said line of said road 36.7 feet from its intersection with the center line of Alexander Road (S.R. No. 1345) if same were extended Southeastwardly; running thence from said beginning point South 53 degrees 22 minutes East along the Northeastern line of said Godwin Investment Corporation tract 1170.74 feet to an old iron pipe in the stump hole of what was formerly a hickory tree; thence South 16 degrees 49 minutes West along the Eastern line of said tract 41.17 feet to an old angle iron in the Northern line of the old sand plit railroad spur liner said Northern line being the Northern line of a tract now owned by Bayshore Estates, Inc.; thence North 74 degrees 20 ininutes West along said Northern line 876.52 feet to an old angle iron, the Southernmost corner of the tract conveyed to Harvey S Moore and wife by dead recorded in Book 771, at Page 6 of said Registry.- thence North 46 degrees 26 1/2 minutes East along the Southeastern line Book 6405 Page 2156 of said Moore tract 185.26 feet to an old angle iron, the Easternmost corner of . said tract; thence North 74 degrees 20* minutes West along the Northern line of said Moore tract 300.0 feet to an old angle iron, the Northernmost corner of said tract; thence North 50 degrees 41 minutes West along the Northern line of said Moore tract 300.0 feet to an old angle iron, the Northernmost corner of said tract; thence North 50 degrees 41 minutes West along the Northeastern line of the second tract conveyed to GodwAn Investment Corporation by dead recorded in Book 841 at Page * 602 of said registry 164.04 feet to an angle aLronf in the Southeastern line of Market Street; thence North 46 degrees 26 1/2 minutes East along the Southeastern line of*Market Street 273.25 feet to the point of Beginning; they. same containing 5.84 acres and being part of the .and conveyed to Jerry R. Robbins by deed r6corded at Book 1205 at Page 1321 of the New Hanover County Registry, SAVE AND EXCEPTING: howeverr the following tracts or parcels of .and: 1) That tract or parcel of land described aLn a deed to Parks A. Downing, Jr. et al, dated December 22, 1982 and recorded in Deed Book 1214, Page 447, New Hanover County Registry. 2) That tract or parcel of .and. described in a deed to James C. Starn et al, dated January 10, 1984 and recorded in Deed Book 1242, Page 1949,. New Hanover County Registry. 3) That tract or Parcel of .and described in a deed to Marian Somerset et al. dated October 41 1988 and recorded in Deed Book 1432, Page 1400, Now Hanover County Registry a 4) That tract or parcel of land described in a deed to Marian somaroet et al, dated July 28, 1989 and recorded in 1)G*ed, Book 1464, Page 1450, New Hanover County Registry. 5) The right of way of Market Street (U,S. Highway 17) see Deed in Book 6109 Page 447 in the New Hanover County Registry. Book 6405 Page 2157 BK: RB 6405 2157 PG: - 2159 RECORDED; 01/28/2021 01:66:32 PM BY: ANDREACRESWELL ASSISTANT STATE OF NORTH CAROLINA COUNTY OF K= HMOVER - 2021004273 NEW HANOVER COUNTY, TAMMY THEUSCH PNER REGISTER OF DEEDS NC FEE $26.00 EXTX $0.00 ELECTRONICALLY RECORDED NON - WARRANTY DEED REVENUE STAMPS: $NONE Tax Parcel ID # R03600-005-037-001 & R03600-005-037-000 Mail meter Recording To: 7 650 Market Street LLC (Grantee,ls Address) 3811 Cottonwood Drive Durham, NC 27705 DRAWN BY CALDER LAW, PLLC 1410 Commonwealth Drive,' #205, Wilmington, NC 28403 No title examination was requested or performed in donnection with the preparation of this instrument unless expressly in an Opinion signed by the drafting Attorney. RETURNED TO.- Marion Law Office, PLLC 2741 University Drive, Durham, NC 27707 N/A If checked, the property includes the primary residence of at least one of the Grantors, otherwise , note as N/A. (per NC GS § 105-317,2) Grantor's Address: 8044 Bald Eagle Lane Wilmington, NC 28411 Brief Description: Metes and Bounds - 7650 and 7654 Market Street This Deed, made and entered into this the -r2l day of January, 0 2021, by and between Ann S. Downing, an un-r'emarr:Led widow, the GRANTOR herein; and, 7650 Market Street, LLC, a Noith Carolina limited 1±ability company, the GRANTEE herein. submitted electronically by 143ailey & 13usby, PLL0 in compliance with North oral ina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. Book 6405 Page 2158 WITNE S SETH: That the Grantor (s) for and in a good and valuable consideration, the receipt of which is hereby acknowledged, has and by these presents, does grant, bargain, sell and convey unto the Grantee (s) that real estate located in the County of New Hanover, State of North Carolina, more particularly described as follows: Beinq those tracts located at 7650 and 7654 Market Street in Wilmington, New Hanovar County, KC having Tax Parcel ID Uumbers R03600-005-037-001 & R03600-005-037-000; described in instruments recorded in Book 1214, Page 447 and in Book 1646, Page 1384 In the said New Hanover County Registry, as the saxae is also shown on that presently unrecorded map attached as Exhibit A and Vr incorporated herein by reference. To have and to hold the aforesaid lot or parcel, together with all privileges and appurtenances thereto, heretofore belonging to the Grantee (s) in fee simple. In witness whereof, the Grantor (s) have hereunto set her hand and seal this the day and year first above written. (SEAL) nq Ann S. 014il� STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that Ann S. Downing personally appeared before me, known to me or proven to me by photographic identification, this day and acknowledged the execution of the foregoing instrument# Witness my hand and official sta of January, 2021. Notary Public Printed Name: or seal, this the day I My Commission Expires: r4 IN let Lr Q iL n AL -C � 0 ,i11 I'd 0 P4 U 0 rut 4 Ic f4o aV ry & Z-0 E jk -% 0) 41 co 0 rd -H 0 to r-i cd -0 Qt u d) 40 4J r-4 0 0 A p IL r4 0 Ci " ------- 3t Its 0 to Arq P % P-4 co W t %s% bo YI H 4j a) -H 4J 0 4-1 r. o cd UA CL o ra 0 4-J .4 ca 01 J. kv sF pop ra W2 4,1 - As �jx t � a � j � � ZIP 9 5TZ �f>*ed SOV9 N001a