City Council

304-284-7439 MORGANTOWN Morgantownwv.gov CITY CLERK 389 Spruce St. Morgantown, WV 26505 AGENDA COMMITTEE OF THE WHOLE City Hall Council Chambers, 389 Spruce Street, 2nd Floor, Morgantown, WV 26505 Tuesday, October 28, 2025, at 7:00 PM This meeting will be broadcast live via YouTube at City of Morgantown - YouTube (https://www.youtube.com/@CityofMorgantown/streams) NOTE: Committee of the Whole Meetings of the Morgantown City Council are intended to provide an opportunity for the Council to receive information, ask questions, and identify policy options in an informal setting. No official action is taken at these meetings. At this Committee of the Whole Meeting the following matters are scheduled. 1. PRESENTATIONS: A. 2025 Ruby Summer Concert Series - Director of Arts and Culture, Vincent Kitch 2. PUBLIC PORTION: 3. ITEMS FOR DISCUSSION: A. Revision to Proclamation Guidelines B. An Ordinance Amending Article 1373. Nonconforming Uses, to Provide a Process to Revive Abandoned Nonconforming Uses C. An Ordinance of the City of Morgantown amending the zoning classification of two parcels of real estate on Vangilder Street from a R-1A, Single-Family Residential District to R-2, Single- and Two-Family Residential District D. An Ordinance of the City of Morgantown amending the zoning classification of one parcel of real estate on Hite Street from a R-1A, Single-Family Residential District to R-2, Single- and Two-Family Residential District 4. ADJOURNMENT: For accommodations, please contact us at 304-288-7072. 1  Item 1A. City Council Agenda Item Summary Council Meeting Date: October 28, 2025 Item: 2025 Ruby Summer Concert Series Department: Arts and Culture Requested By: Vincent Kitch, Director of Arts and Culture Strategic Goal: Vibrant and Prosperous Recommended Motion: No motion required. Presentation only. Item Summary: Vincent Kitch, Director of Arts and Culture will provide a brief presentation on the 2025 Ruby Summer Concert Series. Fiscal Impact: The Ruby Summer Concert Series is funded through grants and sponsorships. 2  Item 3A. City Council Agenda Item Summary Council Meeting Date: 10/28/2025 Item: Proclamation Guidelines Department: City Attorney / City Clerk Requested By: City Council Strategic Goal: Compassionate and Engaged – Community Engagement Recommended Motion: Will Council move these proclamation guidelines to the agenda by consensus? Item Summary: This item updates the City’s published proclamation guidelines and requests their approval by City Council. The proposed guidelines retain current guidance on the procedure to request a proclamation from the City and on appropriate topics for proclamations. The updates specify that City Council must act to approve proclamation requests (or delegate that function), and they provide an option to deliver the proclamation at a requesting agency’s event or other time, instead of at a City Council meeting, while retaining the option to issue proclamations at Council Meetings themselves. This is accomplished by adding a section titled “Receiving the Proclamation.” Fiscal Impact: None. {02083770.DOCX } 3  Item 3A. Proclamation Guidelines At their discretion, the City Council will issue proclamations and certificates for noteworthy state or local events that deserve special recognition. The City Clerk’s Office handles requests for proclamations. REQUIREMENTS o A City of Morgantown resident must make the request. o Requests should be made no fewer than 45 days in advance and no more than 120 days in advance of the date you need the proclamation. Late requests may not be reviewed by the City Clerk or Council due to other work demands. o Requests must be completed via this form: Proclamation Request form. o Neither mailed, faxed, hand-delivered, e-mailed nor phone requests will be honored. o Proclamations should not take sides in matters of political controversy; nor should they address personal or individual convictions. o Organizations are asked to limit proclamation requests to one per year. Multiple requests may be delayed, modified, or consolidated to promote efficient operations. o Proclamations will only be adopted as a Council action as determined by City Council. Making a request is not a guarantee that a proclamation will be issued by City Council. City Council reserves the right to modify or deny any proclamation request. WHAT TO INCLUDE o Contact person's first and last name, address and telephone number. o A brief summary and/or background of the event or organization. o The name and date(s) of the day, week, month, or event to be proclaimed. o Proposed text for the proclamation, including “Whereas” clauses describing the background and purpose (usually 4-6 “Whereas” clauses). o An indication of whether the completed proclamation should be mailed (standard U.S. mail) or if you will pick it up. Please note any events your organization may be holding where the proclamation could be delivered. o A date when the proclamation is needed. Proclamations are not automatically renewed from year to year. You must submit a new proclamation request for each year. If you would like to request a proclamation, please complete and submit the Proclamation Request form. RECEIVING THE PROCLAMATION If a proclamation request is granted, the proclamation will usually be sent to the address provided or be made available for pick up as notated on the form. A request can be made for the proclamation to be read at a City Council meeting. If scheduled, the requesting agency will be expected to have a representative available to receive the proclamation. If the requesting agency would like to make any additional comments on the proclamation, they will have the option to do so during the public portion of the meeting. Alternately, Council may offer to send a member to the requesting agency’s event to present the proclamation to the requesting agency. The City Clerk will coordinate scheduling of the delivery of the proclamation. For more information about Proclamations, please call the City Clerk’s office at 304-284-7434. {02083753.DOCX } 4  Item 3B. City Council Agenda Item Summary Council Meeting Date: 10/28/2025 Item: Ordinance Amending Article 1373. Nonconforming Uses Department: City Attorney Requested By: City Council (Mayor and Deputy Mayor) Strategic Goal: Vibrant and Prosperous – Proactive Economic Development Recommended Motion: Does City Council agree by consensus to forward this ordinance to the Planning Commission for advice? Item Summary: This Ordinance amends Article 1373, which describes nonconformities under the Zoning Code, and provides for how those nonconformities may be continued or abandoned. This update adds a process to “revive” an abandoned nonconforming. Nonconformities (uses, structures, lot sizes, etc.) that are not permitted by the current Zoning Code but complied with the law before the current regulation was adopted, are allowed to continue until they are abandoned. W. Va. Code §8A-7-10(c). The ordinarily cannot be expanded, and once abandoned any future building or use of the property must comply with the Zoning Code. City Council members asked to establish a process to allow property owners to resume a nonconforming use that had been abandoned, without amending the zoning map. This ordinance creates an initial process to document a nonconforming use, an application process to revive the nonconforming use – which includes a public hearing and recommended decision by the Planning Commission – and an option for the applicant or City Council to accept the Planning Commission’s proposed decision or trigger a review by City Council. Fiscal Impact: No direct impact. Restoring property to productive use may increase City revenue through tax and/or fee receipts. Maintaining an application process will require additional staff time, but no additional position would be anticipated. {02083266.DOCX } 5  Item 3B. Ordinance No. 2025-____ AN ORDINANCE OF THE CITY OF MORGANTOWN PROVIDING FOR AMENDMENTS TO ARTICLE 1373 OF THE CITY CODE ESTABLISHING A PROCESS FOR REVIVAL OF ABANDONED NONCONFORMING USES AND OTHER UPDATES The City of Morgantown hereby ordains as follows: Section 1. Findings and Purpose. City Council finds and concludes that it is in the best interests of the City to return property to productive use by efficient processes, when available, so long as the use does not interfere with the City’s pursuit of its land management goals in the Comprehensive Plan. In consideration of these findings, City Council establishes by this ordinance a process to seek revival of nonconformities under the Zoning Code that have been abandoned. Section 2. Adoption of Amendment to Article 1373 of the City Code. A portion of Article 1373 of the City Code, entitled “Nonconforming Provisions” is hereby amended as follows (new matter underlined; deleted matter stricken): Sec. 1373.01. – Intent; purpose. A nonconforming situation may be a nonconforming use, lot, structure, sign, or other matter regulated by the Zoning Code. A situation may be nonconforming in more than one aspect. For example, a site may contain a nonconforming use and also have some nonconforming development. Nonconforming situations are sometimes created when a new zoning category is applied to a site or when a zoning standards change. As part of the change, existing uses, density, or development might no longer be allowed. The change in zoning standards is not intended to force all nonconforming situations to be immediately brought into conformance. Instead, the intent is to guide future uses and development in a new direction consistent with city policy, and, eventually, bring them into conformance. In accordance with W. Va. Code § 8A-7-10(c), land, buildings or structures in use and in compliance with existing law when a provision of the Zoning Code is enacted may continue the same use and that use may not be prohibited by the zoning ordinance so long as the use of the land, buildings or structures is maintained. No nonconforming situation may be enlarged, extended, or changed from one nonconforming situation to another except as specifically authorized by the Zoning Code. (a) Within the zoning districts established by this article and amendments thereto, there exists lots, features and/or uses of land and structures which were lawful at the time of their establishment but are prohibited, regulated or restricted under the existing district and/or zoning ordinance. These nonconformities are declared incompatible with the zoning district and/or {02083255.DOCX } 6  Item 3B. zoning ordinance because they do not conform to the requirements of the zoning district in which they are located and/or the zoning ordinance. (b) To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction or designated use of any building or site legally established. The intent of this article is to set forth the conditions under which these nonconformities may continue to exist until such time they are abandoned. Sec. 1373.02. - Establishment of a legal nonconformity, and abandonment, and revival; applicability. (a) This Article provides methods to determine whether nonconforming situations have legal nonconforming status. This is based on whether they were allowed when established, and if they have been maintained over time. This Article also provides a method to review and limit nonconforming situations when changes to those situations are proposed. The intent is to protect the character and function of the area by reducing the negative impacts from nonconforming situations. At the same time, the standards assure that the situations may continue and that the zoning standards will not cause unnecessary burdens.. (b) Because of the practical necessities of administering the provisions of this chapter respecting nonconforming situations, the owner of such use, in order to claim the privilege of continuation, must have established the existence of the nonconforming use situation by a certificate of occupancy, as provided for in the Building Code (Article 1713 of the City Code). The certificate of occupancy establishing a nonconformity will issue only if the applicant establishes that the nonconformity was existing in compliance with law prior to the adoption of the Zoning Code provision that restricted or prohibited the nonconformity, in addition to any applicable requirement of the Building Code. (a) A party asserting the existence of a lawfully established nonconforming lot, use, feature or structure has the burden of proof that the lot, use, feature or structure was not substandard in meeting the requirements of the zoning district and/or the zoning ordinance or in compliance with applicable laws which were in effect at its creation. (b) (c)_ The rules of this article are applied by first reviewing which provisions are applicable to the nonconformity. (Does the nonconformity involve a lot, use, structure, feature or a combination?) When a combination of nonconforming lot, use, structure or feature exists, each segment of the nonconformity is reviewed independent of the others. (d) A nonconformity will be deemed abandoned, and may not thereafter be maintained, if the use of the property has ceased and the property has been vacant for one year, or upon the occurrence of other instances of abandonment as defined in this Article, unless the property owner can demonstrate that the nonconformity or property has not been abandoned, and otherwise in accordance with the standards adopted in this Article. (e) A nonconformity that has been abandoned may be revived, and may thereafter be maintained in the same manner as any other nonconformity pursuant to this Article, as follows: {02083255.DOCX } 7  Item 3B. (i) The property owner will apply to the Director to revive the abandoned nonconformity, on a form supplied by the Department, indicating the proposed nonconformity to be revived, the reason(s) for abandonment, the impact on surrounding properties, and the timeline for reestablishing the nonconformity. The Director will review the application and determine whether it is complete. If the application is incomplete, the Director will notify the applicant and inform them of the additional information required. If the application is complete, the Director will schedule a hearing on the application before the Planning Commission. (ii) After receiving a complete application, the Director will schedule a public hearing before the Planning Commission to consider the application. Notice of the public hearing will be made in the same manner as other public meetings of the City of Morgantown, and will also be published on the City’s website. The Planning Commission may establish procedures for conduct of the hearing, subject to the requirements of this Article. (iii) After the public hearing, the Planning Commission will issue a proposed decision recommending approval or denial of the application, with or without conditions. The Planning Commission may only recommend approval of the application if the Commission determines that the revival of the nonconformity will not adversely affect the public health, safety, and welfare and that the proposed nonconformity is consistent with either the current Comprehensive Plan or the current neighborhood character. (iv) The Planning Commission will issue a proposed decision on the application to the applicant within 45 days of the public hearing, stating the reasons for recommending approval or denial, and detailing any conditions to be imposed upon the revival. A copy of the proposed decision will be delivered to City Council by electronic mail. (v) City Council may take action on the Planning Commission’s proposed decision within 30 days of the date the proposed decision was issued by including it on an agenda for a public meeting of the Council. If City Council places the item on its agenda within the 30-day period, the proposed decision will not take effect, and City Council may approve, deny, or decline to act on the application, with or without conditions. (v) The applicant may appeal a proposed denial, or any condition on approval, to the City Council by filing a written appeal with the City Clerk by electronic mail within 30 days of the date the proposed decision is issued. If the applicant files an appeal, the recommendation will not take effect, and City Council may approve, deny, or decline to act on the application, with or without conditions. (vi) If neither City Council nor the applicant takes action on the proposed decision within 30 days of the date the proposed decision is issued, the recommendation becomes the official City action on the application. {02083255.DOCX } 8  Item 3B. Section 3. Repeal, Savings, Severability. Any section of this Code repealed or modified by a subsequent ordinance will continue in force until the effective date of the repealing ordinance. The repeal or modification of any part of this Code does not affect any existing right acquired, or liability or obligation incurred, under the code sections amended or repealed unless the modifying ordinance expressly so provides. Any repealed or modified part of this Code will remain in force for the purpose of sustaining any proper legal proceedings and prosecutions related to the enforcement of such right or liability brought prior to the repeal or modification. The repeal of any repealing ordinance, clause, or provision does not revive any former ordinance, clause, or provision unless expressly provided by ordinance. If any provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is held invalid by a court of competent jurisdiction or other entity or agency having jurisdiction to make such determination, the remainder of this Ordinance and the application to other persons or circumstances remain in effect. Section 4. Effective date; application. This ordinance shall be effective upon adoption. This Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred, and proceedings that were begun, before its effective date. The law remains in force for the purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture or liability. Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required by the form of Ordinance adopted and maintain an executed original ordinance with the official records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with the laws of the State of West Virginia and the City of Morgantown, and to take the following additional actions: [List] FIRST READING: ______________________ ________________________ Mayor SECOND READING: ___________________ ________________________ ADOPTED: ___________________________ City Clerk FILED: _______________________________ {02083255.DOCX } 9  Item 3C. City Council Agenda Item Summary Council Meeting Date: 10/28/2025 Item: An ordinance of the City of Morgantown amending the zoning classification of two parcels of real estate on Vangilder Street from a R-1A, Single-Family Residential District to R-2, Single- and Two- Family Residential District. Re: Zoning Map Amendment Application for City Council Agenda MAP25-79 / Jennifer Tucker / 401 Vangilder Street Department: Development Services Department Request By: Mr. Brandon Tucker (Applicant) Strategic Plan: Not Applicable Fiscal Impact: Not Applicable Item Summary: During its public hearing on October 9, 2025, the Morgantown Planning Commission made a motion to forward a recommendation to Morgantown City Council that above referenced map amendment application was consistent with the City’s Comprehensive Plan Update – Land Management Plan (Morgantown 2033). The motion passed 6-0-0. The proposed amendment would rezone City Tax District 12 (Third Ward), Tax Map 13, Parcel 15, and City Tax District 12 (Third Ward), Tax Map 14, Parcel 489, more commonly known as 401 Vangilder Street, from a R-1A, Single-Family Residential District to a R-2, Single- and Two-Family Residential District. Attached herewith is the draft ordinance and exhibit, as well as the Staff Report presented to the Planning Commission for the zoning map amendment. Please note the proposed meeting schedule for City Council, provided the ordinance advances to the next step in the review/approval process: City Council Meetings Committee of Whole: Tuesday, October 28, 2025 at 7:00 p.m. 10  Item 3C. City Council Agenda Item Summary Ordinance – 1st Reading: Tuesday, November 4, 2025 at 7:00 p.m. Ordinance – 2nd Reading and Public Hearing: Tuesday, December 16, 2025 at 7:00 p.m. In accordance with the WV State Code, there shall be at least thirty days between the first and second reading of the ordinances to rezone property. Please include this item of business on the City Council meeting agendas noted above and include this communication and attachments in the Committee of the Whole meeting packet on Tuesday, October 28, 2025. Only the ordinance and associated exhibit should be included in the November 4th and December 16th City Council meeting packets, provided the ordinance advances forward at each step. This summary, under a cover letter explaining the public comment opportunities before City Council relating to the matter, will be sent to the petitioner. 11  Item 3C. Ordinance No. 2025-____ AN ORDINANCE OF THE CITY OF MORGANTOWN AMENDING THE ZONING CLASSIFICATION OF TWO PARCELS OF REAL ESTATE ON VANGILDER STREET FROM R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT, TO R-2, SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT. The City of Morgantown hereby ordains as follows: Section 1. Findings and Purpose. The City Council finds and concludes that the amendment to the Zoning Map of the City of Morgantown, and associated provisions of the codified ordinances of the City of Morgantown, as shown on the attached exhibit and described in this ordinance, is consistent with the current Comprehensive Plan for the City of Morgantown, and further finds that the City Council has received the advice of the Planning Commission as to this amendment to the Zoning Map and notes that the Planning Commission advises that the proposed amendment is consistent with the Comprehensive Plan. Section 2. Adoption of Amendment. The Zoning Map and Zoning Code are hereby amended as follows: 1. The zoning classification for 12 13001400000000 (12-13-14) is amended from R-1A, Single- Family Residential District, to R-2, Single and Two-Family Residential District. 2. The zoning classification for 12 14048900000000 (12-14-489) is amended from R-1A, Single- Family Residential District, to R-2, Single and Two-Family Residential District. 3. The Zoning Map of the City of Morgantown shall be updated to reflect the amendments made by this Ordinance, substantially as shown on the attached Exhibit to this Ordinance. Section 3. Repeal, Savings, Severability. Any section of this Code repealed or modified by a subsequent ordinance will continue in force until the effective date of the repealing ordinance. The repeal or modification of any part of this Code does not affect any existing right acquired, or liability or obligation incurred, under the code sections amended or repealed unless the modifying ordinance expressly so provides. Any repealed or modified part of this Code will remain in force for the purpose of sustaining any proper legal proceedings and prosecutions related to the enforcement of such right or liability brought prior to the repeal or modification. The repeal of any repealing ordinance, clause, or provision does not revive any former ordinance, clause, or provision unless expressly provided by ordinance. 12  Item 3C. If any provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is held invalid by a court of competent jurisdiction or other entity or agency having jurisdiction to make such determination, the remainder of this Ordinance and the application to other persons or circumstances remain in effect. Section 4. Effective date; application. This ordinance shall be effective upon adoption. This Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred, and proceedings that were begun, before its effective date. The law remains in force for the purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture or liability. Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required by the form of Ordinance adopted and maintain an executed original ordinance with the official records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with the laws of the State of West Virginia and the City of Morgantown, and to take the following additional actions: Deliver a copy of this Ordinance to the Development Services Director. FIRST READING: ______________________ ________________________ Mayor SECOND READING: ___________________ ________________________ ADOPTED: ___________________________ City Clerk FILED: _______________________________ 13 Item 3C. 14  Item 3C. From: Barbara Howe <barbarahowe3@gmail.com> Sent: Wednesday, September 3, 2025 6:19:19 PM To: Rickie Yeager <ryeager@morgantownwv.gov> Cc: Louise Michael (3rd Ward) <lmichael@morgantownwv.gov> Subject: MAP25-79/Jennifer Tucker/401 Vangilder Dear Mr. Yeager, I am writing about the above named application to rezone the property from R-1A to R-3. I received an official notification because part of my property at 432 Riley is within the 200- foot radius. I am copying Weez Michael, as I will be out of town on September 11 so unable to attend in person. As I write, the agenda is not yet posted so I cannot see the staff reports and will have trouble accessing them after I leave tomorrow. Please consider these my written comments for the consideration of the Planning Commission at its public hearing. I worked on the maps for the West Run Planning District and know that the property along Stewart Street is zoned multi-family, with Scott Stenger's house immediately adjoining this property as the only other owner-occupied single family house within the 200-foot radius beside mine. Mr. Moser, who built the townhouses on Vangilder Pointe, off Riley, wanted that property, but the Stengers would not sell. The townhouses are student apartments. At least the 2 buildings next to the property on Vangilder have off-street parking. As you know, Metro Properties owns the apartments that fill the block from Protzman to Keyser across the street from 401 Vangilder. The neighbors at the time strongly opposed that rezoning from an idiosyncratic commercial zoning dating back many years that connected a business facing Stewart Street at the corner of Protzman and Stewart at Hoffman to a business at the corner of Keyser and Vangilder, catching single family houses between those two businesses. We were concerned about the potential for so much more traffic in an area with only one way in and out for all the properties along Vangilder, Keyser, Liberty, Braddock ,and George unless they come up George and go out Riley, which is a private street outside City limits. In spite of the fact that there is a large parking lot behind those apartments off Keyser, there are always cars parked all along the block from Keyser to Protzman on the apartment side of the street, making 2-way traffic tricky. I don't know how much parking Ms. Thornton plans as I don't know the scope of her project without the application, but there is no room for any more parking along the street. Even if she provides parking for residents, they have guests. Also the intersection of Protzman, Vangilder, Hoffman, and Stewart is very dangerous, and adding more cars to that intersection makes it even more dangerous. 15  Item 3C. I am not clear about the property that is marked as "exempt" that is on the north side of this property. It is now part of the lawn of the house, and, as far as I can tell, the Tuckers have always used it as their property - at least there is a sign now, as last year, advertising football parking there. It does not show up in the assessor's parcel database, and the only deed I could find, from the 1950s, referenced the paving of Riley Street, a block away. I understand that lot is not part of this application, and you do not have it shaded in green on your map, but will Ms. Tucker be able to use it in any way as the Tuckers have used it to date? Who is responsible for it? I assume someone has checked with the Morgantown Utility Board to be sure there is the capacity in its system for whatever is planned. Thank you for your consideration of these comments. I understand the property at 401 Vangilder has been vacant for many years and is surrounded by rentals, with the exception of my house and Scott's, but there are many more owner-occupied homes along Vangilder and Riley. I would just hope that whatever Ms. Tucker plans does not overpower the neighborhood in scale or make the traffic situation even more difficult. Barb Howe 432 Riley St. 16  Item 3C. MORGANTOWN PLANNING COMMISSION PLANNING REPORT Thursday, September 11, 2025 City Hall – City Council Chambers (389 Spruce Street) Case No. MAP25-79 / Jennifer Tucker / 401 Vangilder Street Case Summary Address: 401 Vangilder Street | City Tax District 12 (Third Ward), Tax Map 13, Parcel 15, and City Tax District 12 (Third Ward), Tax Map 14, Parcel 489 Proposal: Zoning Map Amendment Application Request: Rezone the above-referenced parcels of land from an R-1A, Single-Family Residential District, to a R-3, Multi-Family Residential District. Surrounding Zoning: North: Unincorporated Monongalia County – West Run Planning District (R-2, Neighborhood Residential District and R-4, High Density Residential District). South: M-3, Multi-Family Residential District East and West: R-1A, Single-Family Residential District Staff Recommendation: Forward a recommendation onto Morgantown City Council that the applicant’s request is consistent with the City’s Comprehensive Plan Update – Land Management Plan (Morgantown 2033). Applicant: Brandon Tucker on behalf of Jennifer Tucker Case Manager: Rickie Yeager, AICP, EDFP Development Services Director Attachments: Application (Case Summary Report) Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov 17  Item 3C. Staff Enhanced Site Location and Zoning Maps Source: Monongalia County Parcel Viewer Map Source: Morgantown Zoning Map Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov 18  Item 3C. Source: Monongalia County Parcel Viewer Map Looking Easterly on Vangilder Street Source: Google Maps Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov 19  Item 3C. Source: Nearmap Background The subject property is comprised of two parcels of land. While Parcel 489 is a vacant lot, a vacant, single-family dwelling is located on Parcel 15. Together, both parcels encompass approximately 0.16 acres (6,969.6 sq. ft.) of land on Vangilder Street. According to the City’s records, it appears the single-family dwelling has been vacant more for than five years. The applicant is seeking to rezone the property from a R-1A, Single-Family District to a R-3, Multi-Family District for the purpose of constructing six to eight, two-bedroom dwelling units on the property for student housing. Parking for the units would be underneath the units. While there is no active site plan pending review by staff, below is a rendering of the potential development (provided by the applicant): Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov 20  Item 3C. Source: Applicant Please note, potential development (at this scale) would require a Type II – Site Plan(Administrative) Review as it would not constitute a Development of Significant Impact in accordance with Section 1384.04 of the City’s Planning and Zoning Code. Analysis To facilitate the establishment of a potential ‘dwelling, multi-family’ use at 401 Vangilder Street, the applicant has submitted a zoning map amendment application to rezone the property from a R-1A, Single-Family Residential District to a R-3, Multi-Family Residential District. Per Section 1339.01 of the City’s Planning and Zoning Code, the purpose of the Multi- Family Residential (R-3) District is to: (a) Provide for a variety of housing density and types, and customary accessory uses at a density higher than in other City neighborhoods; and (b) Preserve the desirable character of existing high density residential neighborhoods; and (c) Provide for adequate light, ventilation, quiet, and privacy for neighborhood residents. Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov 21  Item 3C. Furthermore, a ‘dwelling, multi-family’ use is not permitted by-right or with a conditional use permit in the R-1A District. In a R-3 District, the following dwellings are permitted by- right: • Dwelling, Mixed Use • Dwelling, Multi-Family • Dwelling, Single-Family • Dwelling, Townhouse • Dwelling, Two-Family Please further note the following observations: • The subject property is located across the street from Skyline Apartments. The property has twenty-four apartments. • The subject property is adjacent to a ‘dwelling, townhouse’ use on Vangilder Point. The property is in an unincorporated portion of Monongalia County. • Just to the north of the above referenced ‘dwelling, townhouse’ use is Morgan Pointe Apartments. The property is in an unincorporated portion of Monongalia County. • The two zoning districts north of the subject site (in the unincorporated portion of Monongalia County – West Run Planning District) include a R-2, Neighborhood Residential District and R-4, High Density Residential District. While the former district was created to provide for single-family detached and duplex residences where public, or privately owned and legally permitted, the latter district was created to provide for apartment, townhouse, condominium and other high density residential and other compatible uses per Articles 1150 and 1250 of the Zoning Ordinance for the West Run Planning District of Monongalia County, WV. • The area west of the subject site (including Stewart Street) is comprised primarily of single-family dwellings. • The area to the east of the subject site (including Keyser and George Streets) is primarily comprised of single-family dwellings. Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov 22  Item 3C. 2023 Comprehensive Plan Update (Morgantown 2033) The Land Management Plan, in Morgantown 2033, identifies the subject property as Residential Type 1. According to the Land Management Plan, these areas encompass most of the city’s historic neighborhoods and have the highest density of buildings on the smallest lots within walkable grids of streets. The district contains a mix of housing types ranging from older single-family homes to small, multi-unit apartment buildings. In addition to residential uses, smallscale commercial uses may exist along major corridors. The City’s Future Land Use Map (Land Management Plan) identifies the subject property as Residential Mixed-Use. Per the Land Management Plan, the Residential Mixed Use Character Type is described as the following: These areas comprise multi-family housing with ground floor activating commercial uses, particularly at/near street intersections, to engage the public realm (streets and parks). Buildings in these areas may be larger in scale, with massing that steps down toward lower- scale residential areas. Parking should be located at the rear/sides of buildings and be buffered from public amenities. Please see the excerpt from the Comprehensive Plan below that shows what development typologies should be generally permitted in the Residential Mixed-Use District: Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov 23  Item 3C. Please see the Land Management Plan Map below and note the subject site indicated by a yellow star: Source: Morgantown 2033 The Land Management Plan also set forth eleven principles that describe the intent about how (character attributes) and where (conceptual location) growth and development in Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov 24  Item 3C. Morgantown should occur. The principles are also designed to help guide the City on how to use land resources in a more efficient manner to foster high quality, distinct sense of place. The proposed zoning map amendment appears to be consistent with the following principles: While the applicant’s proposal involves the rezoning of two parcels of land, staff did not consider the application to be ‘spot zoning,’ because of the following observations: • The subject property is located across the street from an existing apartment building that is zoned as a R-3, Multi-Family Residential District. • The subject property is located along a corridor (Protzman and Stewart Streets) where multi-family dwellings are already established (inside and outside the corporation limits of the City of Morgantown). • One definition put forward by A Planners Dictionary defines ‘Spot Zoning’ as an arbitrary zoning or rezoning of a small tract of land, usually surrounded by other uses or zoning categories that are of a markedly or substantially different intensity, that is not consistent with the comprehensive land use plan, and that primarily promotes the private interest of the owner rather than the general welfare. (Norfolk, Nebraska.) Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov 25  Item 3C. Staff Recommendation Zoning map amendment requests should be evaluated on their land use merits alone. Development intentions are extraneous, and the Commission should consider the request on its merits as a land use decision. In conducting such an analysis, the Commission should determine if the R-3, Multi-Family Residential District is the appropriate zoning classification for the premises, weighing all possible future development and land use scenarios as permitted by the Planning and Zoning Code; particularly, Article 1339 – R-3, Multifamily Residential District and Table 1331.05.01 - Permitted Land Uses. After review, staff contends that the proposed zoning map amendment is in keeping with the Comprehensive Plan Update and not markedly different from the surrounding zoning designations or uses, particularly along the Protzman/Stewart Street corridor. Additionally, the proposed zoning classification for this property appears to be more consistent and/or aligned with the development typologies envisioned and permitted in the Residential Mixed-Use District outlined in the Land Management Plan (referenced above). Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov 26  Item 3C. ATTACHMENT - APPLICATION (DATA GROUP QUESTIONS) Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov 27  Item 3C. MORGANTOWN PLANNING COMMISSION PLANNING (SUPPLEMETAL UPDATE) REPORT Thursday, September 11, 2025 City Hall – City Council Chambers (389 Spruce Street) Case No. MAP25-79 / Jennifer Tucker / 401 Vangilder Street Case Summary Address: 401 Vangilder Street | City Tax District 12 (Third Ward), Tax Map 13, Parcel 15, and City Tax District 12 (Third Ward), Tax Map 14, Parcel 489 Proposal: Zoning Map Amendment Application Project Update: Since the above case was tabled by the Planning Commission on September 11, 2025, the Development Service Department has received correspondence (via text message on Friday, October 3rd) that the applicant desires to modify the zoning map amendment request from a R-3, Multi-Family Residential District to a R-2, Single- and Two- Family Residential District. As such, please note the intended purpose associated with proposed zoning district in accordance with Section 1337.01 of the City’s Planning and Zoning Code: The purpose of the Single and Two-Family Residential (R-2) District is to: (a) Provide for two-family housing development and customary accessory uses at a density slightly higher than in single family neighborhoods; and (b) Preserve the desirable character of existing medium density family neighborhoods; and (c) Protect the medium density residential areas from change and intrusion that may cause deterioration; and (d) Provide for adequate light, ventilation, quiet, and privacy for neighborhood residents. Per the Table 1331.05.01 – Permitted Land Uses of the City’s Planning and Zoning Code, the following dwelling uses are permitted by right or through a conditional use permit from the City’s Board of Zoning Appeals: Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov 28  Item 3C. • Dwelling, Mixed Use – Conditional Use • Dwelling, Multi-Family – Conditional Use • Dwelling, Single-Family – By Right • Dwelling, Townhouse – By Right • Dwelling, Two-Family – By Rights Staff Recommendation: Since the proposed modification to the zoning district still enables multi-family and mixed- use dwelling opportunities (via conditional use permit application), staff still contends that the R-2 District is consistent with the Residential, Mixed-Use zoning designation referenced in the Land Management Plan. As such, staff recommends that the Planning Commission forward a recommendation onto Morgantown City Council that the applicant’s request is consistent with the City’s Comprehensive Plan Update – Land Management Plan (Morgantown 2033). Development Services Department – Planning and Zoning Division | 389 Spruce Street | 304.284.7431| morgantownwv.gov 29  Item 3D. City Council Agenda Item Summary Council Meeting Date: 10/28/2025 Item: An ordinance of the City of Morgantown amending the zoning classification of one parcel of real estate on Hite Street from a R- 1A, Single-Family Residential District to R-2, Single- and Two- Family Residential District. Re: Zoning Map Amendment Application for City Council Agenda MAP25-88 | Jakob Godfrey and Edgar Babilonia | 452 Hite Street Department: Development Services Department Request By: Mr. Jakob Godfrey and Edgar Babilonia Strategic Plan: Not Applicable Fiscal Impact: Not Applicable Item Summary: During its public hearing on October 9, 2025, the Morgantown Planning Commission made a motion to forward a recommendation to Morgantown City Council that above referenced map amendment application was consistent with the City’s Comprehensive Plan Update – Land Management Plan (Morgantown 2033). The motion passed 6-0-0. The proposed amendment would rezone City Tax District 9 (First Ward), Tax Map 40, Parcel 422, more commonly known as 452 Hite Street, from a R-1A, Single-Family Residential District to a R-2, Single- and Two-Family Residential District. Attached herewith is the draft ordinance and exhibit, as well as the Staff Report presented to the Planning Commission for the zoning map amendment. Please note the proposed meeting schedule for City Council, provided the ordinance advances to the next step in the review/approval process: City Council Meetings Committee of Whole: Tuesday, October 28, 2025 at 7:00 p.m. 30  Item 3D. City Council Agenda Item Summary Ordinance – 1st Reading: Tuesday, November 4, 2025 at 7:00 p.m. Ordinance – 2nd Reading and Public Hearing: Tuesday, December 16, 2025 at 7:00 p.m. In accordance with the WV State Code, there shall be at least thirty days between the first and second reading of the ordinances to rezone property. Please include this item of business on the City Council meeting agendas noted above and include this communication and attachments in the Committee of the Whole meeting packet on Tuesday, October 28, 2025. Only the ordinance and associated exhibit should be included in the November 4th and December 16th City Council meeting packets, provided the ordinance advances forward at each step. This summary, under a cover letter explaining the public comment opportunities before City Council relating to the matter, will be sent to the petitioner. 31  Item 3D. Ordinance No. 2025-____ AN ORDINANCE OF THE CITY OF MORGANTOWN AMENDING THE ZONING CLASSIFICATION OF ONE PARCEL OF REAL ESTATE ON VANGILDER STREET FROM R-1A, SINGLE-FAMILY RESIDENTIAL DISTRICT, TO R-2, SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT. The City of Morgantown hereby ordains as follows: Section 1. Findings and Purpose. The City Council finds and concludes that the amendment to the Zoning Map of the City of Morgantown, and associated provisions of the codified ordinances of the City of Morgantown, as shown on the attached exhibit and described in this ordinance, is consistent with the current Comprehensive Plan for the City of Morgantown, and further finds that the City Council has received the advice of the Planning Commission as to this amendment to the Zoning Map and notes that the Planning Commission advises that the proposed amendment is consistent with the Comprehensive Plan. Section 2. Adoption of Amendment. The Zoning Map and Zoning Code are hereby amended as follows: 1. The zoning classification for 09 40042200000000 (9-40-422) is amended from R-1A, Single- Family Residential District, to R-2, Single and Two-Family Residential District. 2. The Zoning Map of the City of Morgantown shall be updated to reflect the amendments made by this Ordinance, substantially as shown on the attached Exhibit to this Ordinance. Section 3. Repeal, Savings, Severability. Any section of this Code repealed or modified by a subsequent ordinance will continue in force until the effective date of the repealing ordinance. The repeal or modification of any part of this Code does not affect any existing right acquired, or liability or obligation incurred, under the code sections amended or repealed unless the modifying ordinance expressly so provides. Any repealed or modified part of this Code will remain in force for the purpose of sustaining any proper legal proceedings and prosecutions related to the enforcement of such right or liability brought prior to the repeal or modification. The repeal of any repealing ordinance, clause, or provision does not revive any former ordinance, clause, or provision unless expressly provided by ordinance. If any provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is held invalid by a court of competent jurisdiction or other entity or agency having 32  Item 3D. jurisdiction to make such determination, the remainder of this Ordinance and the application to other persons or circumstances remain in effect. Section 4. Effective date; application. This ordinance shall be effective upon adoption. This Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred, and proceedings that were begun, before its effective date. The law remains in force for the purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture or liability. Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required by the form of Ordinance adopted and maintain an executed original ordinance with the official records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with the laws of the State of West Virginia and the City of Morgantown, and to take the following additional actions: Deliver a copy of this Ordinance to the Development Services Director. FIRST READING: ______________________ ________________________ Mayor SECOND READING: ___________________ ________________________ ADOPTED: ___________________________ City Clerk FILED: _______________________________ 33 Item 3D. 34