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development are to be encouraged.”
Rappahannock has traditionally followed a “layered” approach to zoning: the greatest density coming in the village areas (Residential Village with one dwelling per acre), moving out to Residential 2 (one dwelling per two acres), then Rural Residential 5 (one dwelling per five acres) and finally Agriculture (one dwelling unit per 25 acres).
According to Mr. McCarthy, Rappahannock Lakes was zoned Rural Residential in the previous zoning ordinance, which was in effect until December 1986, only because the subdivision existed.
The Planning Commission and then-Board of Supervisors, he said, purposely avoided rezoning the development for two reasons:
• “First, that to zone to a higher density would not be in accord with the ‘layered' approach followed in most other cases; there would be no transition from highest density to lowest.
• “Second, because the courts have^-gtmerally felt that the higher the density allowed on one parcel, then the more scrutiny they will attach to re-zoning requests on adjacent parcels. In short, the courts subscribe to the ‘layered’ approach, and don’t care for land-use decisions which treat like-situated parcels radically differently.”
In addition. Mr. McCarthy pointed out, rezoning to RV or R-2 would not be necessary’ for all the lots in Rappahannock Lakes to meet the zoning ordinance’s standards; some do not need front-yard setbacks reduced by 50 percent and the sideyards by 60 percent as would be the case in those zoning districts.
A second option, rezoning to ajiew zoning category, appears “on its face, more practical,"
See McCarthy, p. 5
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