Charlottesville denies first version of site plan for apartment complex at Willoughby entrance

Charlottesville City Council adopted a new zoning code in December 2023 in order to encourage more residential development, but there are still many developments working their way under the previous rules.

One of them is an 84-unit apartment complex called Willoughby Place to be constructed at the intersection to the Willoughby neighborhood under the city’s former zoning code.

“Pursuant to City Council action taken on February 5, 2024 regarding the disposition of city projects, this site plan is in accordance with the repealed zoning ordinance for the R-3 district,” reads the first page of the plan.

Under the old zoning, that allows up to 21 dwelling units per acre without permission from City Council.

Moores Creek LLC, an entity associated with Woodard Properties, owns the 4.8 acre parcel that would include a driveway 350 feet up Harris Road from where it meets Fifth Street Extended. This entrance would have to cross a sliver of land owned by the Willoughby Property Owners Association. Most of that neighborhood is within Albemarle County with no other outlet.

“We have brought up some serious safety concerns with putting that volume of traffic on a single egress that 240 homes currently depend on,” said Kelly Walters, the current president of the Willoughby HOA.

If the project meets all of the technical and legal requirements, the two buildings would be constructed under the city’s 2003 zoning because a preliminary site plan had been filed by August 31 of that year. That was the cut-off decided by the Council. Another project is a 300-unit apartment complex to be built in a portion of the Seminole Square Shopping Center.

The final site plan was filed on April 16, 2026, just in time for an April 21, 2026 deadline in order for the project to retain development rights under the old code.

There would be 48 one-bedroom units and 36 two-bedroom units. The old rules had less stringent requirements for affordability, but the new one requires one in 10 units to be reserved for households or individuals making less than 60 percent of the area median income. In this case, none would be guaranteed to be below market.

The land is currently wooded and would be 44 percent forested after development.

On May 28, staff in the Department of Neighborhood Development Services issued a first letter of denial for the final site plan. This is a routine part of the process and the letter explains what needs to be addressed.

Many of the comments are relatively minor such as making sure labeling is correct, one note indicates potential concerns about how the site will be accessed.

“Staff is coordinating with the City Attorney’s Office regarding site access and any potential encumbrances that may need to be addressed,” reads a note from Planner Carrie Rainey. “Additional information will be provided as it becomes available.”

Traffic engineer Caleb Smith’s top comment is that the sight distance for the intersection does not conform to standards established by the American Association of State Highway and Transportation Officials. Smith wants more information shown including that ADA-compliant ramps will be present.

Smith also had a question about a note on the site plan that there is “existing right of way” on the sliver of land owned by the Willoughby Property Owners Association.

“The ‘existing ROW’ DB 333 PG 233 & DB 166 PG 429) seems like it’s mislabeled,” Smith wrote in his review dated April 30. “This is not public R/W. If it isn’t public R/W, who’s R/W is it? Please clarify.”

The site plan proposes a four-foot wide pedestrian connection to the Rivanna Trail extending southward into Albemarle County on a parcel owned by Moores Creek LLC. This includes a “limit of disturbance” extending into the would be in Albemarle County.

“If a portion of this project is planned to be constructed in the county, it needs to be submitted since all of the access would be through the city,” Smith said.

Another issue is that the plan anticipates that the sewer connection flows to a pipe operated by the Albemarle County Service Authority.

“The proposed sanitary sewer connection requires further discussion with ACSA and [the Rivanna Water and Sewer Authority],” reads comment #28. “The City’s current position is that the proposed public sewer should be owned and operated by ACSA entirely.”

In 2014, Woodard Properties attempted to get Albemarle’s Future Land Use Map altered to designate adjacent 5.67 acres of land in the county to urban residential density. The existing zoning is Planned Unit Development.

The Albemarle County Planning Commission recommended denial of a Comprehensive Plan amendment in December 2014 as I reported for Charlottesville Tomorrow. There are no development plans pending in Albemarle County.

A representative from Woodard Properties said on Friday they will submit a second version.

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