Planning commission approves Fairview (Avalon) preliminary plan conditioned on state traffic letter

The Charles Town Planning Commission on Feb. 24 approved the Fairview preliminary plan — now branded Avalon Subdivision Phase 1 — subject to two conditions: a written letter from the West Virginia Division of Highways (DOH) confirming that off‑site traffic mitigation is not required, and a restriction that the two commercial pad sites be limited to uses consistent with the neighborhood-residential-commercial district rather than general commercial uses.

Planning staff told commissioners the Phase 1 plan covers roughly 45 acres and proposes 102 single-family detached homes, 85 townhomes and two commercial pad sites, and that the developer is providing 15% open space, sidewalks, required landscaping and park amenities. Staff also noted the updated traffic impact study still showed deficient levels of service (E and F) at two nearby intersections under the project build scenario, and that five earlier sketch-plan conditions remain satisfied except for those mitigation items.

“I will add we are not required to do those mitigations as part of this project,” said Jason Garapart of Integrity Federal Services, the developer’s representative, summarizing discussions with the state and asking that approval be contingent on the DOH providing written confirmation of its review. Planning staff (James) told the commission that if DOH supplies a written letter saying mitigation is not required, his recommendation would change to approval.

Commissioners pressed the applicant and staff for details about which intersections were affected (identified in the staff packet as Folly Drive/Bailey Brooks Way and Charlestown Road/Crossroads Drive), whether queue length or delay would affect Route 115 traffic, and how phase-by-phase percentages for residential, commercial and open space would be tracked. Staff said the phase‑1 numbers were provided for the commission’s review and that phase 2 will address the remaining northern buffer and related landscaping.

One written comment from Lynn Widmyer, a neighboring property owner, said the Widmyers were satisfied with how developer concerns had been addressed. Jack Zaleski, representing Oakland Community Church, spoke in support and asked for developer contact information so the church can coordinate on access and stormwater questions.

The motion to approve the preliminary plan was made contingent on receipt of the DOH letter that no off-site mitigation is required and the restriction on allowable commercial uses; the motion passed with aye votes from the members present. The commission recorded the approval as preliminary plat acceptance conditioned on those requirements and directed staff to verify compliance before final plan processing.