CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – A proposed development at the intersection of Route 29 North and the Carrsbrook neighborhood is raising concerns from the homeowners association there. The Carrsbrook HOA is hoping Albemarle County will deny developer Hunter Wood’s application for a zoning map amendment.

If not, the HOA is prepared to undertake a potentially costly legal battle to defend its deed restrictions and block the Gander North project.

“We’re not saying that he should not develop this property whatsoever,” HOA member Dean Wenger told Cville Right Now. “That’s clearly not our intent. Nobody in Carrsbrook would say that, because they can’t. Carrsbrook encourages single family dwelling units. That’s really pretty straightforward. He has four lots and that are involved here. So that’s four single family homes that he could build with no trouble from our point of view.”

According to Wenger, Wood is hoping to build five four-story buildings with up to 237 apartment units in them, plus a clubhouse on four parcels of land. About 20% of those units, he said, would be low-income housing, something the county is actively seeking.

But Wenger said the drawbacks of putting high-density housing, like apartment buildings, on the site far outweighs the benefits. The HOA believes the development would present safety issues, create traffic problems and negatively impact the environment.

“Imagine four-story apartment buildings right on 29,” Wenger said. “It doesn’t exist anywhere on 29 like that. And most importantly, it abuts a residential neighborhood. This is not a commercial area. I understand the need for affordable housing. Is this the right place?”

Wood did not respond to an email seeking comment for this story.

The proposal has twice been reviewed and rejected by county planning staff, in part because of concerns over limited sight lines for cars entering and exiting Carrsbrook Dr. from Route 29. It has not yet gone before the county planning commission or the Board of Supervisors, which ultimately would decide whether or not to grant the rezoning.

Rio supervisor Ned Gallaway said he’s aware of the proposal and has heard from residents about their concerns.

“This one has definitely got interest from the community,” Gallaway told Cville Right Now. “I’ve been hearing from constituents. So, it’s on my radar for that reason. I’ve attended their HOA meeting and listened to what they’re doing. But really, other than being a listening ear to let them know that I’m here and paying attention, I let them work through what they need to work through with the developer.”

In January, there was a meeting of the developer, the HOA and other community members that was so well attended, Wenger said, the parties agreed to schedule a second, follow-up meeting to give more people the chance to hear about the plans and ask questions. That meeting will occur Wednesday night at 7 p.m. at Northside Library.

Wenger said the HOA wants the community to understand it would not just be the Carrsbrook neighborhood impacted by the development. He said residents in Belvedere, Fieldbrook, Northfields, Still Meadows, Westmoreland and Woodbrook could also see changes in traffic and impacts on their streams and creeks.

“What’s going to happen is that people are not going to be able to go out Carrsbrook Drive,” he said. “Because it’s just going to clog up there at the front. And so what’s going to happen is, all the neighborhoods that adjoin us are going to see through traffic increase dramatically, because everybody’s going to have to go find some way out of the neighborhood.”

One of the most interesting aspects of the situation is the fact that the Carrsbrook homeowners have already battled Hunter Wood’s father, Wendell, over the deed restrictions, which were put in place in 1959. In 1998, the HOA fought a legal fight over the deed restrictions in a case that went all the way to the Supreme Court of Virginia, which upheld the deed restrictions in 2004, according to court records.

A similar legal entanglement in this case could cost the HOA about $150,000, Wenger said.

Gallaway noted that the deed restrictions won’t be a factor in the county’s decision on the rezoning application. If the supervisors agree to the rezoning, it would be up to the developer to work out the deed restrictions dispute with the HOA.

“That’s a private contract, so that’s between him as the landowner and the association,” Gallaway said. “They’ll have to work all that out.”