PRINCESS ANNE — In a final 3-2 vote the County Commissioners on Nov. 24 formally denied a request by J&J Agriculture LLC to rezone 305.5 acres in Marion from Maritime Residential Commercial (MRC) to Agricultural Residential (AR).

This comes after a preliminary vote with the same outcome on Nov. 10. The planning commission after its public hearing in September did not recommend the change when the six members present tied 3-3.

The property is located on the north and south sides of Coulbourn Creek Road and to the west of Charles Canon Road.

It was Commissioner President Craig Mathies Sr. who was the tiebreaker, voting against the rezoning along with Vice President Charles Laird and Commissioner Randy Laird. Mr. Mathies said farming has been a way of life in the county for many years, but as a representative of all constituents, “there have been more opponents against, than has been those in favor of” the rezoning.

The applicants requested the change based on a mistake in the original zoning classification dating back to 2001. However in their findings of fact, the County Commissioners looked to the Comprehensive Plan that recommends agricultural use for a portion of the property closest to the Annemessex River and the remainder suitable for residences.

The proposed AR zoning, the majority determined, “would not be compatible with the Plan’s “Residential” land use recommendation which comprises a majority of the property.”

The property is currently in agricultural use, which can continue in MRC zones, but is limited to the extent that it does not allow for livestock.

During the Oct. 27 public hearing before the County Commissioners, Michael T. Hall, a part owner of the limited liability company, described how there’s been little change in the neighborhood since the rezoning in 2001. He said while MRC would allow for more homebuilding it is not necessary, and neither is any allowances for maritime use because the waterways adjacent to the property are shallow and access is limited due to wetlands.

Opponents included David King, executive director of the Marion Citizens Council. He said the property had long been intended to be subdivided and there was a start with Coulbourn’s Cove. The original zoning from 1976 supports MRC as does the county master plan in 2000, and it supports farming which can continue without changing the zoning to AR.

Resident Cindy Stevens said rezoning would allow the property owners to apply for an agricultural easement from the state, but it’s not the county’s job to change zoning to make that possible. The current zone is compatible with the area, and a change would benefit no one but the landowners.

There were others in opposition, including resident Florence Horsey who recalled that Marion was once an active maritime community and it should not be diminished by taking away its MRC status.

If the applicants continue to pursue the rezoning, the next step is an appeal to Circuit Court.