[PAGE 1] City of Marion Planning Board Meeting AGENDA Thursday, February 5, 2026 6:00PM Marion City Hall Annex Building 194 North Main Street • Call Meeting to Order • Approval of Minutes July 3, 2025 • Agenda changes and approval • Public Comment • New Business Item One A request by Brian Smith to amend the City of Marion Unified Development Ordinance Section 4-3.4 Specific Requirements by Land Use to address standards and regulations regarding Accessory Dwelling Units in the Residential Zoning Districts. Item Two A request by Jo Ann Wainright to rezone 1.0 +/- acres located on Garden Creek Road, having the McDowell County Parcel Identification Number 1702.03-13-8743 from the C-2 General Business Zoning District to the R-2 Neighborhood Residential Zoning District. • Adjourn Meeting Any individual with a disability who needs an interpreter or other auxiliary aids, please contact City Hall at (828) 652-3551. To request services needed, please make the request 3-5 days prior to the meeting. For additional information or assistance, please contact the Planning and development Department at (828) 652-3551. Servicios de intérpretes están disponibles sin costo de acurerdo a la ley del Titulo VI. [PAGE 2] STATE OF NORTH CAROLINA COUNTY OF MCDOWELL CITY OF MARION July 3rd, 2025 The City of Marion Planning Board held a regular meeting on July 3rd, 2025, at 6pm at the Marion City Hall Annex Building. Members Present: Ray Revis, Bob Elledge, and Matt Suttles Members Absent: Randall Conley and John Morrow Staff Present: Vance McNees, City Planner and Stephanie Davis, Permit Coordinator. Others Present: None Meeting Called To Order: 6:00pm Approval of Minutes: June 5th, 2025 Board member Matt Suttles read the minutes aloud. Vance McNees gave an update about 3 properties for rezoning from C2 to R2. He stated that one of the three would have created spot zoning, which would have been illegal in North Carolina. Therefore, the property will not move forward with the other two properties. Mr. Suttles motioned to approve the minutes, Bob Elledge seconded and the motion was approved 3-0. Approval of Agenda: Vance McNees stated no changes to the agenda. Matt Suttles motioned to approve the agenda, seconded by Ray Revis, and the motion was approved 3-0. Public Comments: None [PAGE 3] New Business: Item One: Request for Rezoning of 677 Stroud Street Chairperson Elledge read the item aloud, along with the staff report. Mr. Elledge asked if there were any questions. Ray Revis asked where Stroud Street is located, Vance McNees answered the question. Mr. McNees stated that staff supports the rezoning. Ray Revis motions to approve, Matt Suttles seconded, and the motion was approved 3-0. Meeting Adjourned: The meeting was adjourned at 6:11pm. [PAGE 4] AN ORDINANCE AMENDING PART IV UNIFIED DEVELOPMENT ORDINANCE OF THE MARION CITY CODE TO DEFINE LAND USES WHEREAS, the City of Marion Planning Board and the Planning and Development Staff have recommended that the Marion City Code, Part IV Unified Development Ordinance be amended to change; and WHEREAS, the City Council of the City of Marion find that the proposed amendment is consistent with the City of Marion Comprehensive Land Use Plan; and WHEREAS, a legislative public hearing was conducted on Tuesday, February 17, 2026, by the City Council of the City of Marion, and, after hearing all persons wishing to comment, and upon review and consideration of the proposed amendments, it is the desire of the City Council of the City of Marion that the Marion City Code, Part IV Unified Development Ordinance be amended as outlined below. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARION, NORTH CAROLINA THAT: Section 1. That Section 4-3.4. entitled Specific requirements by land use is hereby amended, and shall now read as follows (new language in bold): Sec. 4-3.4. Specific requirements by land use. Accessory dwelling unit (ADU). a. Must comply with North Carolina Residential Building Code for one- and two-family dwellings, including applicable provisions from the State fire prevention code. b. May be attached or detached from the principle structure; c. One attached or detached accessory dwelling unit per property. d. Maximum size of 800 square feet. e. An additional accessory dwelling unit shall be permitted if the overall lot size is greater than 14,000 square feet. There shall be no more than two accessory dwelling units per lot. f. When permitted, the additional accessory dwelling shall not be the same type of unit as the existing accessory dwelling unit. There shall only be one attached and one detached accessory dwelling unit per property. g. Accessory dwelling units are required to have a separate entrance from the primary dwelling. h. The accessory dwelling unit shall not be deeded, conveyed, or separated in ownership from the property of the primary dwelling unit. i. Cannot be subdivided from the property containing the principal single-family building. j. An accessory dwelling unit shall be connected to the City’s sanitary sewer system. [PAGE 5] k. The primary residential dwelling shall include two-parking spaces. No additional parking is required for the accessory dwelling(s). l. If constructing an attached accessory dwelling unit, the external façade shall match or compliment that of the primary structure. m. Shall comply with the same required setbacks as the principal structure. n. An accessory dwelling unit with a street-fronting elevation shall provide a 48-inch wide pedestrian entrance on that elevation utilizing a hard-surface material that is ADA compliant. o. There shall be no accessory dwelling units permitted on lots that have a duplex, triplex, and/or quadplex. Section 2. As to any conflict between this Ordinance and any parts of existing ordinances, the provisions of this Ordinance shall control. Section 3. If any section, subsection, paragraph, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. Section 4. This Ordinance shall be in full force and in effect from and after the date of its adoption and approval. Adopted and approved this the 17th day of February, 2026. ______________________________ Stephen R. Little Mayor ATTEST: __________________________________ Woody Ayers City Manager/City Clerk Ordinance number: O-26-02-17-1 [PAGE 6] STAFF ANALYSIS CITY OF MARION Zoning Map Amendment PLANNING AND DEVELOPMENT CASE NUMBER: RZ 26-01 Date of Submission: December 22, 2025 A. PROPERTY INFORMATION Project Title: Garden Creek - Wainright PIN: 1702.03-13-8743 Address: TBD Garden Creek Road, Marion, NC 28752 Owner: Jo Ann L. Wainright Applicant: Jo Ann L. Wainright Acreage: 1.0 +/- acres; Existing Zoning District: C-2 General Business Proposed Zoning District: R-2 Neighborhood Residential Current Land Use Activity Vacant Future Land Use Designation High Density Residential B. LOCATION MAP Aerial Map Zoning Map R-2 Subject Property C-2 R-4 C. ZONING AMENDMENT APPLICATION SUMMARY The Applicant is interested in rezoning the subject property to the R-2 Neighborhood Residential Zoning District. The parcel is currently vacant and zoned C-2 General Business. The property has a future-land-use designation of “High Density Residential.” Therefore, the potential rezoning aligns with the City’s future designation for this property. The applicant has identified an interest in a cottage-style residential community, which would have the support of the Planning and Development Department staff. RZ-25-03 Staff Report.docx Page 1 of 2 [PAGE 7] D. LIST OF LAND USES PERMITTED BY RIGHT IN R-2 ZONING DISTRICT Single-family dwelling Cottage-Style Housing Community Recreation Center Duplex Live-Work/Upper floor residential Church Multi-Family Dwellings Non-Residential Accessory Buildings Education Facility Accessory residential dwelling units Family Care Homes Parks and Playgrounds Manufactured Home (Doublewide only) Rooming and Boarding Houses Public Facilities Courtyard Residential Armory Facility Religious Institutions Townhomes Cemetery Off-Street Parking (residential) E. COMPREHENSIVE LAND USE PLAN STATEMENT GENERAL CHARACTER LAND USE CHARACTERISTICS ANTICIPATED LEVEL OF CHANGE High Density Residential areas have existing Primary Land Uses: The primary level of change in these clusters of high-density residential development Single-family attached and multi- neighborhoods will be in the form of within the City. These areas offer both rental and family dwellings revitalization and enhancement of existing ownership housing options, with a greater homes, and infill of vacant lots. These percentage of rental occupancy. Secondary Land Uses: neighborhoods, if well maintained, have the Accessory uses to the residential potential to increase and maintain their value Approximately half of the areas identified are typically regulated and with little effort other than good maintenance. rental housing in the form of mobile home parks, maintained by property manager some of which may own the home and lease or HOA. It is recommended that the City value and the land or lease both the home and the land. protect these neighborhoods not only for their Higher density locations in closer proximity to Existing Zoning Districts: local importance but also for their value in downtown include apartment buildings, R-2 Neighborhood Residential regards to providing stable, attractive housing townhomes, and cottage-style developments. opportunities. Because each neighborhood is Future Zoning District Designation: distinct in character, design, an overlay district R-8 Urban Residential, NMU-12 is recommended, which can include the Neighborhood Mixed-Use, R-16 residential neighborhood as well as a portion or Multi-family residential all of contiguous zoning districts that by design and use contribute to the sustainability of the General Development Pattern: historic nature of the area, and which provide High Density neighborhood-based goods and services. F. ADDITIONAL DOCUMENTATION SUBMITTED • Only the properly filled out application has been submitted. G. SUMMARY OF STAFF COMMENTS AND RECOMMENDED CONDITIONS OF APPROVAL Staff finds that the request to rezone the subject property from the C-2 General Business Zoning District to the R-2 Neighborhood Residential Zoning District is consistent with the City of Marion Comprehensive Land Use Plan and will not have an adverse impact on the surrounding area. Further, additional high-density residential will have a positive economic impact. RZ-25-03 Staff Report.docx Page 2 of 2 [PAGE 9] Co™ For Office Use Only * (l8F — ) *, Fee Paid S Cash Cheek # Application # CITY OF MARION Date Received 194 N. Main Street • P.O. Drawer 700* Marion, NO 28752 Planning & Development Department ZONING DISTRICT MAP AMENDMENT APPLICATION APPLICATION FEE: $400.00 (PLEASE TYPE OR PRINT IN INK) .All applications must be deemed complete prior to the item being scheduled. Property Owner’s NameC^O Phone Number: O.'FSpy ^3, Property Owner's Mailing Address: Applicant's Name (if different from above): Applicant’s Mailing Address: Phone Number: Note: Applicant must submit a notarized letter authorizing them to act on the property owner's behalf and stating the Applicant’s name, address and phone number. Physical Address of Property: Parcel ID Number (PIN) I 7 4^ Lot Size: I • I Existing Use: Existing Zoning District: Proposed Use: Proposed Zoning District: rN ' £.— p <7 Icygm p ayArngTiT Description of property and surrounding usess : ■All (Corn^f c, OacAg.n f-fggVC pdlvifcw - ______[_____________VoiuolA ________________________ This request is made for the following reasons: rMgvkV A- JTS^ cz>rY\mu^4xj__________________ I CERTIFY THAT ALL OF THE INFORMATION PRESENTED IN AND WITH THIS APPLICATION IS TO THE BES fOF MY KNOWLEDGE, IS TRUE, COMPLETE AND ACCURATE. SIGN. URE OFT^PtlCANT —^7 DATE STATE OF NORTH CAROLINA COUNTyOF MCDOWELL A'ic, a Notary Public, certify that~<2l,)Ar\Y\ L-personally came before me this day and acknowledged the due execution of the foregoing instrument. IN WITNESS WHEREOF. I have hereunto set my hand and notarial seal, this the. 22 day of Det .20^5' . Q I \ A A SEAL: ................t Aj ‘ oAtCUZ) C* '...Notary Public Signature" £ ^9: th z My Commission Expires ' ' X-0 5 0 pt/BLlC /o / \OO/-./4>0/2030 /