St. Mary’s County hearing reviews mapping error that left Harborview Marina without commercial marine zoning

On Nov. 10, 2008, the St. Mary’s County Board of County Commissioners held a public hearing on a Planning Commission recommendation to correct a drafting error on official zoning map sheet 39 that affects properties in the Compton area, including Harborview Marina (case no. 08-245-001).

Jeff Jackman, senior planner with the Department of Land Use and Growth Management, told the board the zoning maps adopted in May 2002 contain a drafting error that placed Commercial Marine (CM) zoning on the wrong parcel. "Staff therefore recommends maintaining the RPD zoning and, denying the Centimeters zoning would then render the, marina the same status that it is today, a non conforming use, which does not deny, reasonable use of the property," Jackman said.

The Planning Commission, by resolution 08-15, recommended correcting the map and applying CM zoning to all of Parcel 16 (Harborview Villas lot 1). Property owner Lehi Dorsey, who asked the board to support the Planning Commission, described the issue as a mapping mistake and said the marina has a long commercial history. "Mister president, this is a drafting error. It's not a zoning error," Dorsey said, urging the county to restore the intended CM designation.

Nut graf: The dispute before the commissioners centers on whether to correct a 2002 mapping error that places commercial zoning on an adjacent parcel, or to leave the parcel zoned Rural Preservation District (RPD), which would make the marina a longstanding nonconforming use. The choice affects the property’s future development rights, neighborhood parking and access, and protections for four adjacent townhouse residences in Harborview Villas.

Key facts and context

- Case and properties: The hearing covered zoning map corrections for zoning map number 35, case no. 08-245-001, including addresses cited in the staff presentation (4000 Mary Helen Way; 21658 and 21652 Joe Hazel Road) in the Compton area, 3rd election district.

- Zoning history: Jackman summarized the site history: the structure now called Harborview Marina or Harborview Yacht Club dates to 1923; Parcel 16 was zoned CL (Limited Commercial) in 1990 under Ordinance Z-1991; a comprehensive rezoning adopted in May 2002 (Ordinance Z-2001) resulted in a map-drafting error that placed CM on the wrong piece of property.

- Planning Commission vs. staff: The Planning Commission recommended rezoning the entirety of Parcel 16 to Commercial Marine; staff recommended leaving Parcel 16 zoned RPD (Rural Preservation District) or, at most, limit CM to the eastern portion immediately containing marina facilities. Staff cited potential negative impacts on the four adjacent residences and difficulties meeting setback, floodplain, parking, and 100-foot critical-area-buffer standards if broader commercial zoning were applied.

- Critical area and utilities: The site lies within the county’s critical-area overlay (LDA). Jackman and staff emphasized that the overlay and its standards (impervious-surface limits and the 100-foot buffer) remain in effect regardless of the rezoning request. Public sewer serves the area via a line from the St. Clement Shores wastewater treatment plant; 12 EDUs had been allocated to Parcel 16 in 1992 based on historical marina and residence use.

Neighborhood concerns and testimony

Homeowners and residents who spoke opposed a broad CM designation for the bulk of lot 1, citing homeowners association covenants, parking, safety, and view protections. Leslie Yates, a Harborview Villas homeowner, read from the subdivision covenants and asked the board to "give due consideration" to restrictions that call for the common elements "to be used, occupied, and maintained for residential purposes only." She urged limits on height, setbacks and use of the parking area and requested assurances in writing that future work would not block homeowners’ views.

Tom Davis, a Harborview Villas owner, said he recognized the marina’s historic commercial use and the asserted mapping error but asked that the purchasers’ property rights be protected, including documented ingress/egress, deeded boat slips and parking shown on the recorded plat.

Owner Dorsey and others presented exhibits to the board, including a state "Clean Marina" certification and copies of plat and subdivision documents. Dorsey said the marina historically supported mixed uses (restaurant, marina, marine sales, boat repair, residential rental) and that he paid commercial taxes on the property for 20 years.

Board process, evidence requests and next steps

- Staff and board requests: Commissioners asked staff to provide a full-scale recorded plat and copies of the Planning Commission exhibits referenced in the packet. Commissioner questions focused on the scope of the Planning Commission recommendation, whether partial rezoning of lot 1 is possible, and whether the board could attach conditions to any rezoning.

- Legal/process limits: County staff advised that the board’s action in this hearing is limited to correcting a drafting error or adopting a rezoning; conditions on subsequent development would be applied through site-plan/TEC review if and when a change of use or expansion were proposed. Staff stated that partial rezoning is possible but could create other nonconforming situations; minimum acreage rules for CM (1 acre) were noted in the zoning schedule.

- Record and timing: The board kept the public record open for 10 days for written comments. No final rezoning vote was taken at the Nov. 10 hearing.

Ending: The commissioners closed public testimony and asked staff to provide the requested exhibits and plat for further review. The matter will return to the commission for a future agenda item and formal action after the 10-day record period and staff follow-up.