CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – Residents of Willoughby are opposing the proposed construction of two apartment buildings at the neighborhood’s Harris Rd. entrance, the only way in or out for the 240 homes already existing there. But, because the project was filed with the city in August 2003, it is governed by Charlottesville’s old zoning ordinance, meaning the Willoughby Homeowners Association may have a difficult time stopping it, despite safety, traffic and environmental concerns.

“I would hope that this would never happen because it’s clearly a safety issue,” Willoughby HOA president Kelly Walters told Cville Right Now. “I want to trust that our city is not just looking out for tax revenue but is also looking out for the safety of the residents who do live here and pay our taxes. We would hope that money can’t buy things that would cause harm. We say we care about the environment. Let’s show that.”

Woodard Properties, working with Shimp Engineering, filed a final site plan with the city in April 2026, allowing the project to proceed under the former zoning law, and not the updated one the City adopted in December 2023. It only needs to follow legal and technical requirements to move forward.

Under the plan, Woodard would build two apartment buildings, which would include 84 units, on the 4.8-acre plot of land that it owns at the front of the Willoughby neighborhood. The proposed driveway entrance would cross through part of land that is privately owned by Willoughby residents, Walters said. There is a dispute over the filing of a 2023 adjustment to an easement that would be part of that driveway. The HOA contends the easement is invalid because the residents never voted on changing it.

Woodard Properties CEO Anthony Woodard told Cville Right Now, “the project is intended to fit within the existing neighborhood.”

“In terms of the project’s overall look and feel, we recognize the importance of this site as an entrance to the Willoughby neighborhood,” Woodard said in an email. “Our goal is to create a well-designed, well-landscaped residential community that fits appropriately with the scale and character of the surrounding area and is an attractive addition to the neighborhood.”

He went on to say the development would be good for the city.

“We are hoping to help address Charlottesville’s ongoing housing needs by providing additional housing opportunities in a location close to jobs, services, and recreation,” Woodard said. “By enabling more people who work in town to live nearby, the project can help reduce commute times, transportation costs, and vehicle wear and tear. We believe that directing new housing to areas with convenient access to everyday destinations is a responsible way to support the community’s growth while fostering a more connected, sustainable, and vibrant community.”

City Councilor Michael Payne pointed to Charlottesville’s need for housing when asked about the project.

“The project represents an opportunity to create apartments in an area that is within walking distance of multiple grocery stores and parks. It also plans to create a new pedestrian connection to the Rivanna trail system,” Payne told Cville Right Now in a text message. “I know the project is right at the Charlottesville City/Albemarle County border as well, so there may be opportunities for city and county planners to work together on maximizing safe access to the site.”

Payne said that, since the project was approved under the 2003 zoning ordinance, there is no requirement for Woodard to include any affordable housing units. He also said that, because the project has already been approved, City Council won’t be reviewing it.

“It’s under city staff review only right now, with staff reviewing the site plan and reviewing compliance with existing regulatory requirements,” Payne told Cville Right Now in a text message.

Walters and the Willoughby HOA hope the city, and possibly Albemarle County, since part of Willoughby sits in the county, will stop or alter the project for a number of reasons. 

She said the development would lock in the current Willoughby residents in the event of a catastrophic event, such as a wildfire, and that it creates a dangerous situation for city school children who walk from the neighborhood to Jackson-Via Elementary School, which is across 5th Street.

Among the environmental concerns Walters pointed to is the potential pollution of Moore’s Creek, the increased risk of the creek flooding due to trees being cut down, and the danger to the James spiny mussel population in the creek.

“One little mussel filters 10 gallons of water a day,” Walters said. “Any sediment and debris that gets in there it threatens the life and ecosystem for those.”

Walters said that the development would take the fully wooded area down to less than 50% forested.

Ultimately, Walters said the Willoughby residents need the city to defend the neighborhood, because the mounting legal costs might make it impossible for the HOA to rely on taking Woodard to court. She said one of the HOA’s former attorneys labeled the dispute a “David vs. Goliath” case.

“We have very obvious standing rights,” Walters, a schoolteacher originally from California, said. “But to protect those rights, we have to pay for a lawyer and take them to court.”