A controversial high-density apartment project in Mt. Airy cleared a required design review on Nov. 6 as questions linger about parking access and an ongoing legal battle with neighbors over a shared driveway.

The five-story mixed-use project at 309-321 West Mt. Pleasant Ave. will span more than 60,000 square feet and feature 66 apartment units, 23 parking spaces and four ground-floor commercial storefronts. Plans include bike racks and outdoor seating along the sidewalk frontage.

As a by-right development, the project doesn't require approval from the Zoning Board of Adjustment to proceed, provided it meets all other requirements. The property has been zoned for CMX-2 mixed-use development since 1978.

The project completed its Civic Design Review (CDR) process Wednesday, but questions remain about how residents will access parking. Current renderings show access via a ramp from West Mt. Pleasant Avenue through the building's center. However, there is ongoing litigation between the developer, Mike Schutz of HP Mount Pleasant Realty LLC, and neighboring residents over the use of a shared driveway behind the development.

"The question is, do they have an intention to use that back driveway?" asked Charles Richardson, chief of staff for Councilmember Cindy Bass' office.

Thomas Chiaccho, the developer's attorney, offered a measured response. "The answer is, depending on what the court says, I will advise them what they can or can't do," he said. "I'm telling you, there is no intent right now, as far as I know, and we're figuring that out. That land use, though, if you go over there and walk around, that should be something they're able to use."

The dispute emerged after neighbor Hillary Wood and others received a demolition notice for a property behind their homes. Wood told the Local that deeds show the shared driveway belongs to her and other West Durham Street residents.

When residents learned of plans to use the driveway for development access, they sent a cease-and-desist letter through an attorney, claiming private property rights. The developer responded with a lawsuit demanding access.

At the CDR meeting, Chiaccho characterized the neighbors' letter as an attempt to "derail the project."

"My client had done all their due diligence to make sure that they were doing this by-right project compliant with all, and out of respect with all the laws, and has been over backward to accommodate the neighbors through the RCO meeting more so than other developers that I see," Chiaccho said. "We were not going to put all the money into the project without having a court address his letter, so we filed what is called a declaratory judgment action."

After a judge denied the developer's request for a preliminary injunction to immediately use the driveway, the developer appealed.

Wood remains confident in the neighbors' position. "The longer this plays out, the more confident I am that this will be ruled in our favor. The evidence and legal documentation (specifically deeds) speak for themselves," she told the Local. "We don't want a long drawn-out litigation battle. We want to be able to use our private driveway as it was intended while having a harmonious relationship with the soon-to-be building next door."

The project has faced other concerns beyond the driveway dispute. West Mount Airy Neighbors (WMAN), the designated Registered Community Organization for the area, held a meeting in early September at which residents raised issues about the project's size, density and initial lack of parking.

Following feedback from WMAN, the developer relocated the parking entrance to the middle of the building, farther from Lincoln Drive – a change WMAN Board President Steve Kendall said he was "very grateful for."

However, the building's appearance remains contentious.

"The side and rear facades are utterly banal and are just simply the back side of the building. A lot of people are going to be looking at those sides, and a few things would help to touch it up," Kendall said.

Wood echoed these concerns. "This will be the largest building in this area of West Mount Airy by a large stretch and therefore highly visible," she said. "Neighbors have voiced their opinions in several public meetings now making it clear that they would prefer more green space, setbacks to help with scale and air/light concerns, more affordable housing, improved materials on the three sides and prioritizing of green energy."

Richardson indicated the councilmember's office plans future action: "At some point, we're going to rezone that area and make sure that this type of development doesn't happen again."

With the CDR process complete, the by-right project can move forward without ZBA approval, though the driveway access issue remains unresolved in court.