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Applicant says plan complies with comprehensive plan and county code; board weighs compatibility standard
Summary
Developer witnesses pointed to Planning & Zoning Commission review and the Freedom Community Comprehensive Plan to argue the 72‑unit retirement village meets density and design standards; the BZA focused on whether the location posed adverse effects above those inherent in the use (Schultz v. Pritz).
Applicant witnesses repeatedly cited the Freedom Community Comprehensive Plan and county code density limits to argue the Reservoir Run plan fits the governing policy and zoning framework. James Mathias read code language about maximum density and the Planning & Zoning Commission's role in determining density, exterior design and site layout for retirement villages.
Mathias read the county code: "The maximum allowable density in the R 20000 District for a retirement village shall not exceed 3.5 dwelling units per acre and shall not be increased at any subsequent site plan reviews," and said the plan complies with that limit. Counsel emphasized that the retirement‑village procedure required Planning & Zoning review before the BZA hearing.
Board members accepted that the Planning & Zoning Commission conducted reviews but said the BZA must still apply the Schultz v. Pritz legal standard — whether this location would cause adverse effects beyond those inherent to an age‑restricted community — and several members concluded the specific local impacts made the proposal incompatible with the immediate neighborhood.
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