Public hearing opened on Harborview Marina zoning correction; planning commission and neighbors differ

The Board of County Commissioners held a public hearing Nov. 10 to receive comments on a Planning Commission recommendation to correct a mapping error on Zoning Map 39 affecting properties in the Compton area (case 08‑245‑001, Harborview Marina and vicinity).

Planning staff described a drafting error in the maps prepared for the county's May 2002 comprehensive rezoning that placed a commercial marine zoning designation on properties that staff says were not intended to receive it. The Planning Commission recommended that the entirety of Lot 1 of Parcel 16 (the parcel containing the Harborview Marina) be zoned Commercial Marine. Staff recommended instead that the eastern portion of Lot 1 (the area between the water and the adjacent residences) was the scope of the drafting error, and staff ultimately recommended leaving Lot 1 RPD so the marina would remain a nonconforming use rather than authorizing commercial marine zoning for the whole lot.

Property owner William (Bill) Dorsey addressed the board seeking correction of the mapping mistake and restoration of Commercial Marine zoning across Lot 1. He presented historical material showing the marina's long commercial use (staff noted the structure dates to 1923 in tax records) and said the marina has been treated historically as a commercial operation; he said he had pursued state Clean Marina certification and cooperated in bringing public sewer to the area.

Neighbors who bought townhouses in Harborview in 1999–2002 urged the board to protect their residential interests. Leslie Yates, a Harborview homeowner, read language from the subdivision covenants and said the homeowners were promised residential uses and deeded access and parking. She asked that any commercial rezoning be limited so it would not block sightlines or create nuisance impacts, and noted that 12 slips exist in the marina and four are dedicated to townhouse owners. Other residents said the marina's parking area is the shared access and parking for the townhouses and urged that their easement, parking and view protections be preserved.

Planning staff confirmed that the properties are in the Critical Area overlay (LDA) and that Critical Area regulation and limits on impervious surface would still apply regardless of zoning. Staff also said that an existing nonconforming marina use would lose legal protection if it discontinued operation for 12 months or more and that rezoning is discretionary: the Board may correct drafting mistakes but is not required to do so.

The board left the record open for 10 days for written comments and did not take a final vote at the hearing. Commissioners requested copies of Planning Commission exhibits and the recorded subdivision plat and asked staff to brief them on covenants and exhibits during the record period.