Bel Air board receives ordinance reinstating density limits in gateway districts after public comment on exemption for approved projects

The Bel Air Board of Town Commissioners on Feb. 3 voted to receive Ordinance No. 8-40-25, a proposed amendment to Chapter 165 that would apply density limitations to the B-2A Central Business Gateway District and the B-3A General Business Gateway District and move accessory-unit lot requirements into Article 10.

Director Small described the history: the B-2A and B-3A districts were implemented as form-based code in 2010, which prioritized building form (massing, façades, relationship to streets) rather than numerical density caps. The revised ordinance reinstates density limits that mirror those in the B-3 district and consolidates accessory-structure setback requirements into Article 10 so they apply consistently across districts. Staff recommended the board receive the ordinance for public hearing.

Public comment focused heavily on the effect of the proposed rules on projects that already hold approvals. Matt Girono, representing the Hickory Flats project (26–32 North Hickory Avenue), urged the board to restore an exemption for projects that had received planning approvals before the new ordinance. Girono said Hickory Flats had preliminary site plan approval in 2022 and a one-year extension in December 2024 and warned that removing an exemption could undermine lender confidence and local entrepreneurship. He said Hartford Bank made a loan for the property based on existing approvals.

Architect Paul Thompson and speakers including Bill Kelly and Jay Ellenby urged the board to balance form and design flexibility with appropriate safeguards. Thompson, who has experience on Bel Air advisory commissions, said form-based code is intended to encourage architectural quality and market flexibility and warned that hard density caps can constrain good design. Other public speakers, including former property owners and local business supporters, described the potential economic benefit of well-crafted redevelopment.

Commissioners discussed the question of whether to create a carve-out for projects with existing approvals. Commissioner Rutledge and others said that issue needs more work and that they were reserving judgment on whether to add an exemption; Rutledge asked that the carve-out be debated and possible amendment be considered at the public hearing. Commissioner Chismar said the revised draft is a narrowed version of a previous, broader bill and called the proposed density limit “a very liberal density policy” compared with what had been proposed earlier.

The board voted to receive Ordinance 8-40-25 for public hearing. Commissioner Chismar moved to receive the ordinance; Commissioner Taylor seconded. Vote record: Commissioner Rutledge — aye; Commissioner Chismar — aye; Commissioner Taylor — aye; Commissioner Chance — abstain; Chair (Mayor Edding) — aye. The motion passed (4 yes, 1 abstention).

Staff and commissioners said the ordinance will be scheduled for a public hearing, likely March 3, and that amendments — including a possible exemption for already-approved projects — may be offered during the public hearing process.