Bel Air planners propose changes to mixed-use center rules; planning commission to enforce conditions

Bel Air commissioners reviewed proposed language changes to Ordinance 8-39-25, which would amend permitted uses and related provisions for mixed-use centers in the town code.

Director Small summarized suggested edits sent to the board and said one concern is that the code’s current “harmony with neighborhood” language could be interpreted to allow use changes that, while architecturally similar, would conflict with the neighborhood’s character of uses. Small proposed clarifying the standard to focus on “harmony of the proposed use with the neighborhood.”

Commissioners discussed adding a provision to require assurances that developers complete promised on-site improvements before receiving building permits or certificates of occupancy. Director Small and the town attorney had proposed text that would allow the Planning Commission to withhold permits until conditions are met or require a bond to guarantee performance. Commissioner Rutledge and others said they supported a simpler insertion tying enforcement to the planning approval process rather than a longer, more elaborate clause.

The ordinance had been received by the board and a public hearing is scheduled; commissioners agreed potential amendments could be proposed and considered at the public hearing on March 3. Commissioners also continue to debate the minimum floor-area percentage (the “floor” threshold) for mixed-use parcels; the board noted two proposals under discussion (40% or 35% rather than the current 50%). No final action was taken.

Discussion/next steps: staff will prepare amendment language for the public hearing; the Planning Commission would be empowered to require bonds, phasing, or hold permits until required improvements are complete if the board adopts the suggested language.