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Planning commission recommends correcting zoning map to restore Harborview Marina—s commercial-marine designation

2248695 · February 7, 2025
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Summary

After a contested hearing, the Planning Commission recommended that Lot 1 of Parcel 16 (Harborview Marina) be rezoned to Commercial Marine and that portions of Parcel 351 be rezoned to RPD to correct a mapping error dating to the 2002 comprehensive rezoning.

The St. Mary—s County Planning Commission voted to recommend that the Board of County Commissioners correct a mapping error from the county—s 2002 comprehensive rezoning by restoring a Commercial Marine designation to Lot 1 of Parcel 16 (Harborview Marina) and by rezoning Parcel 351 to the Rural Preservation District (RPD) where commercial marine was mistakenly applied.

County staff described the matter as a drafting error that resulted when the county's digital zoning layer was applied to a different tax-map base. Staff—s historical review shows the Board of County Commissioners intended the Harborview property (Parcel 16) to carry a Commercial Marine (CM) designation after the 2002 comprehensive rezoning, but the official digital zoning map ultimately showed CM on a neighboring Parcel 351 instead.

Phil Dorsey, the property owner and applicant, presented historical documents and simplified site plans showing longstanding water-dependent and commercial marine uses at Harborview (marina, pump-out and fuel facilities, prior restaurant and seafood operations). Dorsey said the facility has supplied gas and pump-out services to the boating community for decades and that he has operated it as a mixed commercial/residential site.

Neighbors and homeowners in the Harborview Villas subdivision expressed concern about the proximity of four existing townhouse lots to the marina building and parking area. Speakers noted private covenants and shared easements, flood-plain constraints and limited on-site parking that may limit future commercial expansion. The Harborview Villas homeowners association said the site's small size and encumbrances make substantial commercial redevelopment unlikely.

Staff recommended that Parcel 16 Lot 1 be restored to Commercial Marine only if the Board of County Commissioners finds a mapping error; staff also recommended rezoning Parcel 351 to RPD and pointed out that keeping Parcel 16 as RPD would preserve the property—s nonconforming marina use without enabling new commercial uses that could affect adjacent residences.

After hearing testimony, the Planning Commission voted (motion by Ms. Guazzo, seconded by Mr. Thompson) to recommend three map changes: rezone Parcel 351 (Lot 501A and Lot 2) to RPD and rezone Lot 1 of Parcel 16 to Commercial Marine while leaving Lots 2, 3 and 4 (Harborview Villas Lots 2-5) as RPD. The motion carried; one member (Ms. McNeil) recorded opposition.