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Commissioners debate density limits and a potential carve-out for Hickory Flats; seek timeline on permits
Summary
Discussion of Ordinance 8-40-25 focused on whether to permit a specific carve-out for the Hickory Flats project. Commissioners expressed concern about fairness and asked staff for a detailed timeline showing when developer approvals and building permits could have been obtained.
Bel Air commissioners spent extensive time discussing Ordinance 8-40-25, which would amend density limits in the town code, and whether a specific property (referred to as Hickory Flats) should receive an exemption from a proposed 20-dwelling-unit-per-acre cap.
Commissioner Taylor reviewed town comparisons and said most recent multi-family projects in town fell at or below 20 dwelling units per acre; she noted the B-2 downtown zone remains exempt because small, above-shop units create high density in a small footprint. Taylor said the proposed Hickory Flats project would reach a density “about 2 and a half times the density of the second place in town,” which she said raised fairness concerns.
Commissioner Rutledge asked staff for a retrospective timeline: when did the developer first obtain planning approvals, when did the parking-garage lease occur (August 2023), and when could a building permit have been pulled. Director Small and Mr. Krantz said some elements are outside town control and suggested the developer’s timing and submissions affect permit issuance; transcript indicates the Board of Appeals approval had lapsed for the project and the developer later sought extensions. A building permit was reported pulled near the end of the discussion.
No carve-out or ordinance change was adopted; commissioners said they would gather and review a timeline and additional documentation before deciding whether a site-specific exemption is appropriate.
Discussion/next steps: staff will assemble a timeline of approvals, lease dates and permit submissions for the Hickory Flats project so commissioners can weigh fairness and whether a carve-out would create a nonconforming use that deviates from policy.
