Board of Town Commissioners
Regular MeetingBel Air, MD · November 20, 2023
Minutes
MINUTES
BOARD OF TOWN COMMISSIONERS
November 20, 2023
The regular meeting of the Board of Town Commissioners was called to order on
Monday, November 20, 2023, 6:00 p.m., Town Hall, 39 Hickory Avenue, Bel Air, Md.
MEMBERS PRESENT: Commissioner Kevin M. Bianca, Chair
Commissioner Mary F. Chance
Commissioner Paula S. Etting
Commissioner Erin S. Hughes
Commissioner Elect Steven T. Chizmar
Commissioner Elect James B. Rutledge III
Commissioner Elect Jakob D. Taylor
ABSENT: Commissioner Donna L. Kahoe
STAFF PRESENT: Edward Hopkins, Town Administrator
Stephen Kline, Director of Public Works
Michael Krantz, Director of Administration
Lisa Moody, Director of Finance
Charles Moore, Chief of Police
Angela Robertson, Director of Economic Development
Kevin Small, Director of Planning
David Anderson, Media & Public Relations Specialist
Elizabeth Thompson, Town Attorney
Joan Suitt, Recording Secretary
APPROVAL OF AGENDA:
Commissioner Chance moved and Commissioner Hughes seconded the motion to approve
the Agenda as written.
Commissioner Etting moved and Commissioner Chance seconded the motion to amend
the agenda for item #8 Public Comments on New Business to follow each item of New
Business.
Ayes: Commissioners Chance, Etting, Hughes, and Bianca
Absent: Commissioner Kahoe
Nays: None
The motion carried.
APPROVAL OF MINUTES:
Commissioner Chance and Commissioner Etting seconded the motion that the minutes
of the Bel Air Board of Town Commissioners meetings held on October 30, 2023 and
November 6, 2023 be approved as submitted.
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Ayes: Commissioners Chance, Etting, Hughes and Bianca
Nays: None
Absent: Commissioner Kahoe
Abstained: Commissioner Bianca – November 6, 2023 meeting
Commissioner Etting – October 30, 2023 meeting
The motion carried.
PRESENTATION:
Proclamations and Citations
Delegate Susan McComas appreciates the hard work of the Commissioners and
presented Proclamations/Citations to Commissioner Hughes and Commissioner Bianca.
Delegate McComas asked Mr. Krantz to pass on the Proclamation/Citation to
Commissioner Kahoe.
OUTGOING COMMISSIONERS PARTING ADDRESS:
Commissioner Erin Hughes is grateful for her time as Bel Air Town Commissioner
and plans to continue volunteering her time to the Downtown Alliance, Winter
Wonderland and others. Commissioner Hughes is proud of accomplishing the Town
Hall/Police Department expansion, revamped the pay scales for Department of
Public Works and Police Department in times of budgetary difficulty, and the
completed systematic revitalization of opened park spaces in Town. Commissioner
Hughes thanked everyone for her tenure.
Commissioner Kevin Bianca stated we as politicians come and go but Town staff
come to work every day working hard on behalf of our citizens and deserve the
recognition tonight. Commissioner Bianca learned much from each of them and has
been an honor working with them.
Chuck Moore:
When Commissioner Bianca and his wife moved to the Town of Bel Air, they were
looking for ways to get involved. Commissioner Bianca became a new member of the
Citizens Advisory Board and learned a lot not only about the Police Department
but also the Town. During discussions with Chief Moore and Sergeant Smith about
the long overdue need for a new Police Station, it was mentioned they were
looking at the next Town Commissioner. Commissioner Bianca appreciates Chief
Moore’s support, kind words, encouragement and learned the power of positive
thinking.
Steve Kline:
Commissioner Bianca went to the Department of Public Works to learn about
operations and Mr. Kline talked about the miles of sewer systems treated and the
management of pump stations. Commissioner Bianca thought if this man is this
passionate about sewer systems, he must love his job. It is clear Mr. Kline is
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dedicated to make sure all things we take for granted in Town run smoothly.
Commissioner Bianca thanked Mr. Kline for teaching little things matter and
passion for your job is a good thing.
Lisa Moody:
Commissioner Bianca called Ms. Moody a Budget Guru and notified new Commissioners
quickly meet the reality that is the Town’s budget. It is such a complex topic
and appreciates Ms. Moody’s willingness to always listen to ideas and trying to
make it happen. Commissioner Bianca thanked Ms. Moody for teaching him the value
of patience and working together to plan ahead.
Angela Robinson:
Commissioner Bianca advised while walking around Town, you see the impact Ms.
Robinson has made on our community. Whether it be a wonderful arts project or the
many businesses she helped to bring or thrive in the Town; it truly has made a
difference. Ms. Robinson’s smile and easy demeanor will always be appreciated and
her passion for trying to help economic development cannot be overstated.
Commissioner Bianca thanked Ms. Robinson for teaching arts cannot only give us an
identity as a community but enrich us as well.
Kevin Small:
Commissioner Bianca advised Mr. Small’s role is one of the toughest that involves
the balancing of need for the business community and citizens. Mr. Small is
always willing to listen to suggestions, give feedback and offer guidance. Mr.
Small’s depth of knowledge and ability to explain the most intricate planning
ideas was greatly appreciated. Commissioner Bianca thanked Mr. Small for teaching
the value of planning ahead for the future of our community.
Elizabeth Thompson:
Commissioner Bianca advised under tough circumstances Ms. Thompson stepped into
the role of Town Attorney with grace and understanding. Ms. Thompson’s hard work
and diligence in helping us through many issues was always appreciated. She never
seemed stressed and always had a kind word to say. Commissioner Bianca thanked
Ms. Thompson for teaching the value of being diligent and detailed oriented.
Michael Krantz:
Commissioner Bianca advised in the Town our size Mr. Krantz wears many hats
and his passion for helping others shines through every day. Over the years, Mr.
Krantz was the sounding board for my ideas and always patient and understanding
heling me think through many of my thoughts. Many people could learn from Mr.
Krantz’s enthusiasm for serving our community and thanked him for learning public
service.
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Edward Hopkins:
Commissioner Bianca has always been struck with the amount of passion and
commitment Mr. Hopkins has as the Town Administrator. Commissioner Bianca enjoyed
the discussions about work, life and the unique perspective of running a Town.
Mr. Hopkins’ experience and skills are an asset to this Town and the Town is
better served by having him at the helm. Commissioner Bianca thanked Mr. Hopkins
for being a role model in teaching life in public service is truly a life well
lived.
Commissioner Paula Etting:
Commissioner Bianca advised Commissioner Etting brought a unique perspective to
the Board and appreciates her willingness to share thoughts and ideas.
Commissioner Eric Hughes:
Commissioner Bianca stated Commissioner Hughes’ passion and dedication to this
Town is second to none and she often puts her money where her mouth is working
hard to make a difference in the community. Commissioner Bianca informed there is
hardly an event that Commissioner Hughes doesn’t work hard at and hopes others
follow that example.
Commissioner Mary Chance:
Commissioner Bianca advised Commissioner Chance’s grace and compassion has served
me and this Town well over the past two years. Commissioner Chance has such
experience in wisdom and has learned much from her. Commissioner Bianca thanked
Commissioner Chance for all the help.
Commissioner Bianca thanked his wife who always believes in him, supported from
the beginning and enthusiastically told me to go for it. Commissioner Bianca
knows this job was not easy on her but could not have done this without her. You
are my equal partner in everything I did and would not be the person I am today
without you.
Commissioner Bianca advised this has been an absolute honor and pleasure to work
with the Town staff and hopes the incoming Board realizes how lucky they are to
learn from an incredible staff.
SWEARING-IN CEREMONY OF COMMISSIONERS ELECT:
Michelle Karczeski, Clerk of the Circuit Court of Harford County, conducted the
swearing-in ceremony of Commissioner Steven T. Chizmar, Commissioner James B.
Rutledge III and Commissioner Elect Jakob D. Taylor.
ELECTION OF CHAIR AND VICE CHAIR:
Elizabeth Thompson, Town Council, acting as Chair Pro Tem, called for nominations
for the Office of Chair.
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Commissioner Taylor nominated Commissioner Paula Etting as Chair of the Bel Air
Board of Town Commissioners and was seconded by Commissioner Chizmar.
Ms. Thompson called for other nominations. As there were no further nominations,
Ms. Thompson called for the vote.
Ayes: Commissioners Chizmar, Rutledge and Taylor
Nays: None
Sustained: Commissioner Chance
The motion carried.
Chair Etting thanked her fellow Commissioners for their confidence in selecting
her to serve as Chair of the Bel Air Town Board. Chair Etting thanked the
outgoing Commissioners for their service to the Town and all the things they
accomplished during their time on the Board of Commissioners. Commissioner Etting
knows they will continue to contribute to the Town in a separate capacity.
Chair Etting informed a recent article in Today’s Homeowner ranks Bel Air as the
#1 suburb to buy your first home and couldn’t agree more. Chair Etting will work
with the fellow Commissioners to keep Bel Air a wonderful place to live, work and
raise a family. Chair Etting stated now it is time to get to work.
Chair Etting called for nominations for Vice Chair of the Bel Air Board of Town
Commissioners.
Commissioner Rutledge nominated Steven T. Chizmar as Vice Chair of the Bel Air
Board of Town Commissioners and was seconded by Commissioner Taylor.
Chair Etting called for further nominations for Vice Chair. As there were none,
Chair Etting closed the nominations and asked Mr. Krantz to call the roll for the
vote.
Ayes: Commissioners Ruthledge, Taylor and Etting
Nays: None
Abstained: Commissioner Chance
The motion carried.
Chair Etting advised Commissioner Chizmar has been selected as Vice Chair of the
Bel Air Town Board.
NEW BUSINESS:
Policy I.E.G Signing of Checks Amendment
Commissioner Chance moved and Commissioner Taylor seconded the motion that
Operations/Administration/Finance Policy I.E.6, authorizing the withdrawal of
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Town funds on deposit with any commercial banking institution within the State of
Maryland, be approved by the Bel Air Board of Town Commissioners.
Chair Etting called for Commissioner comment. There were none. Chair Etting
called for public comment. As there were no additional comments, Chair Etting
asked Mr. Krantz to call the roll for the vote.
Ayes: Commissioners Chance, Chizmar, Rutledge, Taylor and Etting
Nays: None
The motion carried.
Purchase of 2025 Freightliner Dump Truck
Commissioner Chance moved and Commissioner Chizmar seconded the motion that the
quote of National Auto Fleet Group, 490 Auto Center Drive, Watsonville,
California, 95076, for a 2025 Freightliner 108SD Plus with a Cummins L9 360 HP
Engine along with other selected options in the amount of $246,565 be accepted by
the Bel Air Board of Town Commissioners.
Chair Etting called for Commissioner comment.
Commissioner Chizmar inquired when the dump truck will be delivered, outfitted
and ready for service. Mr. Kline, Director of Public Works, notified the last
trucks purchased were a year out and is hoping the time will be shorter.
Chair Etting called for public comment. As there were none, Chair Etting asked
Mr. Krantz to call the roll for the vote.
Ayes: Commissioners Chance, Chizmar, Rutledge, Taylor and Etting
Nays: None
The motion carried.
Award of Contract: Removal and Replacement of Windows at Bel Air Record Armory
Commissioner Chance moved and Commissioner Taylor seconded the motion that the
Bid of Eastern Glass & Glazing, Inc., 7930 E. Baltimore Street, Baltimore,
Maryland 21224, to provide all labor and materials to install seventy-three new
windows at the Bel Air Armory for $310,500 be accepted by the Bel Air Board of
Town Commissioners.
Chair Etting called for Commissioner comment.
Commissioner Rutledge inquired when the six month clock began. Mr. Kline advised
July, 2023 and will need the contract in place by January, 2024.
Chair Etting thanked Mr. Kline and everyone involved in the hard work to get to
this point. Chair Etting knows it is difficult at times to provide the
information needed for historical easements to get approved.
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Chair Etting called for public comment. As there were none, Chair Etting asked
Mr. Krantz to call the roll for the vote.
Ayes: Commissioners Chance, Chizmar, Rutledge, Taylor and Etting
Nays: None
The motion carried.
Ordinance No. 818-23 – An Ordinance Amending to Article II of the Development
Regulations in Chapter 165 of the Bel Air Town Code
Commissioner Etting moved and Commissioner Chizmar seconded the motion that
Ordinance No. 818-23 amending Bel Air Town Code Chapter 165.Comprehensive Plan
and Development Regulations, Part 2. Zoning, Article II, Administration and
Enforcement, § 165.21. Annual growth report: adequacy standards, § 165-21B(1)(a)
and § 165-21B(1)(b) Adequacy Standards (minimum acceptable level of service) and
Preliminary Approval be received by the Bel Air Board of Town Commissioners.
In the Spring, Chair Etting made a motion to change the Town’s Adequate Public
Facilities Ordinance regarding school capacity. That motion died for lack of a
second. At that time, Chair Etting wanted to delete the language that permitted a
residential project to go forward even if the enrollment of the school that
serves the site is greater than 110% as long as the abutting school districts did
not exceed that number. Chair Etting advised this was a law that changed in the
Town of Bel Air in 2019.
As a result, Chair Etting informed there are three overcrowded elementary schools
that are over 110% of capacity in the County and two schools are in the Town: Bel
Air Elementary and Homestead/Wakefield Elementary. This is not permitted in the
County as they count only schools to which the project would go and not abutting
school districts. Chair Etting does not think the children who attend schools in
the Town should be at a disadvantage.
Chair Etting’s second concern with the statue is why 110% and found that in the
County initially, the number was proposed at 100%. There was a compromise reached
and the number was 105% but had a sunset provision and at that point the number
would pop up to 110%. Chair Etting thinks it is time to look at this number again
and the 110% is not what people agreed to initially but was by default. Chair
Etting stated crowded schools present a number of problems; it overburdens our
teachers who have more students than they can take care of and more students than
the school was built to handle. It results in early lunch time, noisier
classrooms and rooms that have been converted into classrooms because of space
restrictions.
Chair Etting reported a Public Hearing will be scheduled on Monday, December 11,
2023, at 6:00 p.m. at Bel Air Town Hall, 30 N. Hickory Aveue, Bel Air, Md.
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Chair Etting called for Commissioner comment.
Commissioner Chizmar agrees with Chair Etting and advised the future of our Town
is with children and they deserve not to be educated in an overcrowded
environment. Commissioner Chizmar stated this is long overdue and letting it go
to 110% or greater is only satisfying the pockets of developers and not
satisfying our children. Commissioner Chizmar stated our children are priority
one.
Commissioner Taylor stated 110% is 10% over what is considered at capacity and
full should mean full. It is a matter of good public policy if 100% is the
absolute capacity, and beyond would be deleterious to the learning experience of
our children. Commissioner Taylor feels there is an obligation to bring the
public policy back in line with mathematical truth which is 100%.
Commissioner Rutledge agrees and feels it is more important with the backlog in
education and setbacks children suffered during the Covid crisis. Commissioner
Rutledge stated it makes perfect sense to say full is full and let the teachers
be able to do their work in classrooms that need to be done. Commissioner
Rutledge stated many of our students need a little more help than just a lecture
like in a college setting.
Chair Etting called for public comment.
Vincent McHugh, 422 E. Broadway, Bel Air, Md. thanked the old Commissioners for
their service and congratulated the new Commissioners for being elected in an
overwhelming landside in the recent election. Mr. McHugh endorses the Ordinance
and is glad the word adequate is going to mean adequate public facilities that
are available.
Laura Moody, 341 E. Broadway, Bel Air Md., taught school in Harford County for 30
years and does not understand why 100% is realistic and asked how many of us can
give 100% all the time. Ms. Moody had classes as large as 36 children to prepare
for college in English. Ms. Moody did the best she could and advised there is
already an insufficient number of teachers. Ms. Moody asked the Commissioners to
alleviate the astronomical tasks given to educators.
Erin Hughes, 113 Williams Street, Bel Air, Md. understands the Ordinance was
written because the Town of Bel Air had zero influence over capital allocation
for elementary schools being built or in how the schools redistrict. Changing
this to take the burden off the school system to appropriately redistrict and
appropriately build new facilities for education shuts down any sort of
meaningful residential development in the Town of Bel Air in perpetuity. Ms.
Hughes does not feel this is a great move.
Ms. Hughes was shocked when seeing the agenda for this meeting and does not
understand how this Ordinance or any of the three following it was placed on the
agenda. Ms. Hughes notified these were not on the agenda for the Work Session and
nothing was discussed. This is interfering with the Open Meetings Act, where no
more than two Commissioners can discuss Town business together outside the bounds
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of a public meeting. Commissioner Hughes stated it was not discussed in a public
meeting and no one in the public got to hear these discussions. Ms. Hughes
understands a sitting Commissioner was not invited to participate in the drafting
of these Ordinances.
Ms. Hughes stated the three candidates who hammered the previous Town Board about
the lack of transparency, which is unfounded, and not letting people know what is
going on, are off to a terrible start.
Chair Etting called for Mr. Krantz to call the roll call for the vote.
Ayes: Commissioners Chizmar, Rutledge, Taylor and Etting
Nays: Commissioner Chance
The motion carried.
Mr. Hopkins, Town Administrator, wanted the audience to be aware the meeting on
December 11, 2023 is an off night for the Public Hearing. Mr. Hopkins advised the
regular schedule of meetings will still be held.
Ordinance No. 819-23 – An Ordinance Amending Article VII of the Development
Regulations in Chapter 165 of the Bel Air Town Code
Commissioner Taylor moved and Commissioner Rutledge seconded the motion that
Ordinance No. 819-23 amending Bel Air Town Code Chapter 165 Comprehensive Plan
and Development Regulations, Part 2. Zoning, Article VII. Development and
Performance Standards, § 165-52. Open space and recreation, and § 165-52C Fee in
lieu of open space be received as amended to reflect the further deletion of Bel
Air Town Code § 265-4D(4)(c) by the Bel Air Board of Town Commissioners.
Chair Etting called for Commissioner comments.
Commissioner Taylor advised one of the many reasons we love the Town of Bel Air
is because it has a park feel and people love the green space that is often in
the middle of a growing sea of concrete and blacktop. Commissioner Taylor
informed this piece of legislation aims to remove from the Town Code a provision
which would allow a potential property developer to skirt around the requirements
to leave open space in their development by paying a fee to cover up the green
space. This amendment deletes a section of the Bel Air Town Code that references
the fee in lieu to be paid for open space and does not authorize it. Commissioner
Taylor stated it is important to preserve our green space in the Town.
Commissioner Rutledge stated the Town of Bel Air is the Heart of Harford and
needs to save the Chesapeake Bay. If we cannot agree with green open space to
maintain, protect, preserve and possibly expand, then we have failed our duty to
the future generations to enjoy one of our greatest natural resources in the
United States of America and that is the Chesapeake Bay. Commissioner Rutledge
stated we must lean boldly on this issue and he supports the motion.
Chair called for public comment.
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Peg Lucas, 516 Robinson Street, Bel Air, Md. asked has anyone looked into what
the fee in lieu has paid for in the Town. There has been quite a lot that has
happened in the Town to benefit the community. Ms. Lucas feels this change will
be doing a great disservice to the Town because more things can be accomplished
by using the funds. Ms. Lucas wants the fee in lieu be retained in the Town for
the future.
Vince McHugh, 422 E. Broadway, Bel Air, Md. supports the elimination of this fee
in lieu of the open spaces. When eliminating the fee in lieu it does not prevent
anyone from developing property as long as they comply with the existing code and
Charter of Bel Air. The allowance for continued existence of open space along
with a development is something Mr. McHugh fully supports.
Chair Etting asked Mr. Krantz to call the roll for a vote.
Ayes: Commissioners Chizmar, Rutledge, Taylor and Etting
Nays: Commissioner Chance
The motion carried.
A Public Hearing will be scheduled on Monday, December 11, 2023, at 6:00 p.m. at
Bel Air Town Hall, 30 N. Hickory Aveue, Bel Air, Md.
Ordinance No. 820-23 – An Ordinance Amending Articles III and the Table of Lot
Requirements of the Development Regulations in Chapter 165 of the Bel Air Town
Code
Commissioner Rutledge moved and Commissioner Chizmar seconded the motion that
Ordinance No. 820-23 amending Bel Air Town Code Chapter 165. Comprehensive Plan
and Development Regulations, Part 2. Zoning, Article III. Establishment
Regulation of Zoning Districts, § 165-30C(4) Building setbacks ad lot width, §
165-31D Density, lot area, width, height and yard requirements, § 165-33C(4)
Building setbacks and lot width, and the Table of lot Requirements of Table 165-
26 through Table 165-33 be received by the Bel Air Board of Town Commissioners.
Chair Etting called for Commissioner comment.
Commissioner Rutledge stated the proposed amendment addresses the height maximum
in the Town of Bel Air. Many of the districts and uses in the Town have been
under law and traditionally throughout the Town is no higher than 40 feet.
Commissioner Rutledge advised there are some exceptions in the Code that can
allow building heights go higher than 40’ and is making this proposal because of
the environmental quality, the community is historic in nature, people like
looking up at the sky to see the birds of prey and see sunshine without it being
blocked by tall buildings. Commissioner Rutledge advised this proposal is going
to make sure that the Town of Bel Air does not become dominated with a landscape
of a skyline that becomes high like a city rather then the traditional town
environment of Bel Air. Commissioner Rutledge advised the setback amendments are
simply to recognize that when a building is built beside a traditional
residential zoned district, the setback would have to be 25’ rather than 10’
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because it avoids the tunneling effect and the dominant overwhelming effect that
would be dilatory to the homes of the residents who live in the Town.
Commissioner Rutledge stated residents have put their blood, sweet and tears into
the American dream of buying a home in Bel Air and one day will find a building
that looms next door and up against the road. Commissioner Rutledge stated that
is not reasonable or right in his view. Throughout the last two months,
Commissioner Rutledge dedicated himself to speak to Bel Air residents about
making sure things do not get built too tall so the sunlight, open air and
protection of wildlife can be enjoyed in the Town. Commissioner Rutledge is
grateful to bring this message of conservation to Harford County and the Heart of
Bel Air.
Commissioner called for public comments.
Vince McHugh, 422 E. Broadway, Bel Air, supports this Ordinance specifically with
regard to setting a maximum of building heights. This will set building heights
that will be consistent with properties that are existing historic properties in
Bel Air. Mr. McHugh is referring to residents in the Town of Bel Air who will
have control over the height and be consistent. Mr. McHugh asked the
Commissioners to review the Tables and mentioned Table 165-26 for the single
family dwelling where it lists a minimum lot area of 8,750 square feet with a
maximum density of 5 dwellings per acre. Mr. McHugh recommends the numbers be
looked at.
Peg Lucas, 516 Robinson Street, Bel Air, Md. does not support the Ordinance and
is greatly concerned about the hast in which these four Ordinances have been
brought forth today because three of the Commissioners are here for the first
time. Ms. Lucas is overwhelmed the Commissioners have come up with these changes
and asked have things been explored on how it has been in the past. Ms. Lucas
stated it appears the Commissioners are trying to halt new construction that may
affect residents in their home and she is concerned that such a drastic change
can be put forth this early in the Commissioners tenure. Ms. Lucas asked have you
looked into what the projected tax revenue will be. Costs will rise and our taxes
will increase if there is no more development. Ms. Lucas stated this has been
fine the past several years and she is disappointed.
Bill Kelly, 582 Ridgewood Road , Bel Air, Md. advised when reading the agenda
earlier today and saw what the four Commissioners are pushing through; it is your
agenda. Mr. Kelly stated there are a lot of dimensions to this and seems the
Commissioners are getting way ahead of a situation that you have not been
involved in. Three Commissioners are new to public service, except Chair Etting,
and you are making huge proposals that will pass because of having four votes.
Mr. Kelly stated three to five years from now when revenue resources in the Town
have stopped because of even moderate development, the expenses of this Town are
not going to stop. Mr. Kelly is sure if a Town employee was told there were no
raises even to keep up with the cost of living, they would be upset. As a Town
resident, Mr. Kelly would be upset that many services enjoyed now would be
disrupted because the expense structure of the Town was way above the revenue
structure. Mr. Kelly asked about the projections this is based on, have any been
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done so taxpayers/citizens can see. Mr. Kelly stated this will impact higher
taxes.
Patti Wade, 11 Jade Way, Bel Air, Md. is not a Town resident but feels it is
important to know what is going on in the Town. Ms. Wade is happy seeing what is
being proposed because it appears we need change. Ms. Wade attended the Planning
Commission meeting and this seems what the residents were asking for. Ms. Wade
believes the Commissioners need to look at the changes and make sure they are
right. Ms. Wade thanked the Commissioners for listening to the people.
Chair Etting asked Mr. Krantz to call the roll for a vote.
Ayes: Commissioners Chizmar, Rutledge, Taylor and Etting
Nays: Commissioner Chance
The motion carried.
A Public Hearing will be scheduled on Monday, December 11, 2023, at 6:00 p.m. at
Bel Air Town Hall, 30 N. Hickory Aveue, Bel Air, Md.
Ordinance No. 821-23 – An Ordinance Amending Article VII and Article III of the
Development Regulations in Chapter 165 of the Bel Air Town Code
Commissioner Chizmar moved and Commissioner Rutledge seconded the motion that
Ordinance No. 821-23 amending Bel Air Town Code Chapter 165. Comprehensive Plan
and Development Regulations, Part 2. Zoning Article VII. Development and
Performance Standards, § 165-53. Performance standards and development guidelines
by use and Article III. Establishment and Regulation of Zoning Districts § 165-
33. B-3A General Business Gateway District be received by the Bel Air Board of
Town Commissioners.
Chair Etting called for Commissioner comment.
Commissioner Chizmar advised the current Development Regulations do not define
the number of multi-family housing units per building block. The Development
Regulations currently have unit density per building block requirements for
townhomes so similar legislation is needed to address unit density per building
block for multi-family housing. Commissioner Chizmar stated we need to define the
number of housing units’ density per building block to keep the scale of
buildings in proper proportion to existing structures and uses and is the desire
of many citizens to maintain the scale and character of the Town. Thus,
regulations to the number of units per building block are necessary to control
the size of multi-family residential buildings. It is proposed that a multi-
family building block contain no more than 4 units per floor and not exceed 12
units per building block or with Planning Commission approval six units per floor
not to exceed eighteen units per building block. Commissioner Chizmar recommends
the number of units per floor are similar to existing apartment buildings and
townhouse developments within the Town. Requiring multi-family buildings to
coincide with other existing complexes is needed to not significantly alter the
character of our Town.
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Chair Etting called for public comments.
Peg Lucas, 516 Robinson Street, Bel Air, Md. has concern about how figures were
determined when this is the Commissioners first meeting. These discussions have
only been amongst yourselves and Ms. Lucas stated it is out of order.
Chair Etting asked Mr. Krantz to call the roll for a vote.
Ayes: Commissioners Chizmar, Rutledge, Taylor and Etting
Nays: Commissioner Chance
The motion carried.
A Public Hearing will be scheduled on Monday, December 11, 2023, at 6:00 p.m. at
Bel Air Town Hall, 30 N. Hickory Aveue, Bel Air, Md.
PUBLIC ANNOUNCEMENTS:
Chair Etting reported:
• November 24th – Historical Society of Harford County will begin The Spirits
of Christmas Past, a candlelight Christmas Tour. Tour dates are Fridays and
Saturdays through December 16th from 7:00 – 8:30 p.m. Tour begins at the
Historical Society and tickets can be purchased on-line at
Harfordhistory.org
• November 25th – Small Business Saturday. The support means a huge difference
to a small business owner and to our community.
• November 25th – the beginning of Winter Wonderland in Downtown Bel Air.
Light displays from 5:00 – 11:00 p.m. every evening until January 1st.
Special events and horse drawn carriage rides will be available every
Saturday, November 25th to December 16th from 5:00 – 9:00 p.m. Reservations
are required for carriage rides and taken in-person on first come, first
served basis. Enjoy shopping in our Downtown stores and have dinner with
the family.
• Christmas Train Garden – Armory Marketplace, Suite 103, opening November
25th and open every Friday from 5:00-9:00 p.m. and every Saturday from 2:00
– 9:00 p.m. through December 16th. Special thanks to Town resident Joe Bragg
and a team of volunteers for bringing this amazing and much loved display
to our community.
• December 2nd - Susquehanna Symphony Orchestra will present Our Jazzy Holiday
Spirit on December 2nd, 7:30 p.m. at Bel Air High School. Tickets are
available on-line at SSOrchestra.org.
• December 3rd – Town of Bel Air Christmas Parade begins at 3:30 p.m. A
community sing-along at Shamrock Park will follow the parade with the tree
lighting at Town Hall at approximately 4:45 p.m. The parade and tree
lighting are weather permitting.
Chair Etting advised to visit ChristmasinBelAir.com for a complete list of
Holiday events, shopping, dining, Winter Wonderland, Christmas Parade and the
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free parking initiative in the Town of Bel Air. Chair Etting notified all metered
spaces on public streets in the Town starting November 23rd through January 1,
2024 are free to promote the ability to shop and visit restaurants in our lovely
Town.
PUBLIC COMMENTS:
Scott Agar, 306 Plantation Lane, Bel Air, Md. is representing Tollgate Village
Association and presented a Petition to the Board of Commissioners. The concerns
are a result of the Planning Commission meeting on November 2nd which was a
difficult situation. The positives were the number of public attending to be seen
and heard plus their thoughtful questions/presentations showed interest in the
development proposal. Mr. Agar advised the Police Department were awesome in
trying to accommodate the high number of the public.
Mr. Agar stated the first defect of this meeting was the choice of venue,
treatment of the public and the general disorganization. Not anticipating the
level of public interest in a radioactive development was a stunning oversight.
Mr. Agar advised the developer did not do himself favors talking about their
vision. To talk of their vision without illustrations was just talk. If the
Planning Commission is the steward of the Comprehensive Plan, there should have
been a discussion on how this proposal and history of Phase 2 deviates
substantially from projections or outcomes that would be indicated in the
Comprehensive Plan. Mr. Agar stated this development will monopolize the
population growth, school capacity and traffic impact. The Planning Commission
will serve hostile audiences and so will the Town Commissioners with your
deliberations for this proposed development.
Mr. Agar requested the future meeting for this or any development be held in a
venue that would accommodate the level of public interest and should include the
December 7th Planning Commission meeting. Mr. Agar submitted a proposal to the
Commissioners on why regulations are needed.
Chair Etting offered Mr. Agar to submit the balance of his comments by email to
the Commissioners.
Sam Cirko, 600 N. Shamrock Road, Bel Air, Md. has been listening to meetings and
wants to be a good steward of the Town. Mr. Cirko is walking away with a lot of
disappointment about hearing the actions and language of the community being
childish. Mr. Cirko always hears about businesses, housing and Airbnb cannot
coming to the Town because of crime. Mr. Cirko looked into crime in the Town and
it has been down for the past 15 years. Mr. Cirko stated we should be proud of
that and it hurts that the people of the Town choose to live in fear for the
future.
Terry Hanley, 314 E. Broadway, Bel Air, Md. congratulated the new Commissioners
and commented on Chair Etting’s mailer when running that talked about protecting
our small town values, keeping the town a friendly/family place to live, and to
ensure everyone is treated fairly and no special rules for businesses. Mr. Hanley
14
stated the new Commissioners ran on what they believed in and in the past others
running for Commissioner did not come through with their promises. This election
was the people’s election and the largest turnout Mr. Hanley has seen since
living in the Town of Bel Air. There will be a lot of work and balance. Mr.
Hanley has confidence this Board of Commissioners will do what is best for the
people, the community, business and the future of the Town, making sure there is
tax revenue, great Police force, and fantastic Public Works. Mr. Hanley
congratulated Madam Mayor Etting.
COMMISSIONER’S COMMENTS:
Commissioner Chance congratulated the new Commissioners and is hopeful we can
work cooperatively together in the future. Commissioner Chance notified it has
been her pleasure in the last two years to serve with the out-going Commissioners
Kevin Bianca, Donna Kahoe and Erin Hughes who worked hard and greatly appreciated
their efforts. Commissioner Chance advised we often overlook the outstanding work
of the Department Heads and other Town employees who work tirelessly every day.
Commissioner Chance appreciates the work and hopes they accept her sincere
thankfulness.
Commissioner Chance was surprised on Thursday of last week to be told the Agenda
was changed for tonight's meeting and would address changes in Codes.
Commissioner Chance notified she had no opportunity to offer input and found it
to be extremely disrespectful and disappointing. Commissioner Chance hopes this
does not happen again.
Chair Etting reminded all Town Offices will be closed on November 23rd and 24th for
the Thanksgiving holiday. Recycling for all Town residents will be collected on
Wednesday, November 22nd due to the holiday. There will be no bulk trash pickup on
November 22nd and no leaf/yard waste pickup on November 23rd and November 24th.
Commissioner Taylor thanked everyone for attending the meeting and stated
government only works when the people are involved. Commissioner Taylor thanked
Commissioner Chance for the congratulations and looks forward to working with her
and all Department Heads. Commissioner Taylor advised there is a wonderful staff
and team in the Town of Bel Air who truly cares. Commissioner Taylor looks
forward to the next four years and approaches it with tremendous optimism of what
can be accomplished together when hearing all voices, even if we all do not
agree. Commissioner Taylor is excited to move forward as a Town Commissioner who
was born in the 21st Century and will be a lot of excitement with moving the Town
of Bel Air into the next generation.
Chair Etting commented Commissioner Taylor put it well, we will work hard
together to move our Town forward.
Mr. Krantz, Director of Administration, invited the audience to remain after the
meeting for refreshments.
ADJOURNMENT:
The meeting was adjourned at 7:30 p.m.
15
APPROVED: December 4, 2023
Signature on file________________
Paula S. Etting, Chair
Board of Town Commissioners
Signature on file_______________
Michael L. Krantz, Town Clerk
16
Agenda
Bel Air Board of Town Commissioners
Town Hall Meeting Agenda
November 20, 2023, at 6:00 PM
Bel Air Town Hall
39 N. Hickory Ave., Bel Air, MD 21014
YouTube Live Stream
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
5. OUTGOING COMMISSIONERS PARTING ADDRESSES
6. SWEARING-IN CEREMONY OF COMMISSIONERS ELECT
7. ELECTION OF CHAIR AND VICE CHAIR
8. PUBLIC COMMENTS ON NEW BUSINESS ITEMS
9. NEW BUSINESS
a. Policy I.E.6 Signing of Checks Amendment
b. Dump Truck Purchase
c. Armory Window Purchase Contract
d. Ordinance 818-23 Amending Bel Air Town Code Chapter 165. Comprehensive
Plan and Development Regulations, Part 2. Zoning, Article II. Administration and
Enforcement, § 165-21. Annual growth report; adequacy standards, § 165-
21B(1)(a) and § 165-21B(1)(b) Adequacy Standards (minimum acceptable level of
service) and Preliminary Approval.
e. Ordinance 819-23 Amending Bel Air Town Code Chapter 165 Comprehensive
Plan and Development Regulations, Part 2. Zoning, Article VII. Development and
Performance Standards, § 165-52. Open space and recreation, and § 165-52C
Fee in lieu of open space.
Page 1 of 2
f. Ordinance 820-23 Amending Bel Air Town Code Chapter 165. Comprehensive
Plan and Development Regulations, Part 2. Zoning, Article III. Establishment and
Regulation of Zoning Districts, § 165-30C(4) Building setbacks and lot width, §
165-31D Density, lot area, width, height and yard requirements, § 165-33C(4)
Building setbacks and lot width, and the Table of Lot Requirements of Table 165-
26 through Table 165-33.
g. Ordinance 821-23 Amending Bel Air Town Code Chapter 165. Comprehensive
Plan and Development Regulations, Part 2. Zoning, Article VII. Development and
Performance Standards, § 165-53. Performance standards and development
guidelines by use and Article III. Establishment and Regulation of Zoning Districts
§ 165-33. B-3A General Business Gateway District.
10. PUBLIC ANNOUNCEMENTS
11. PUBLIC COMMENTS
12. COMMISSIONER’S COMMENTS
13. ADJOURNMENT
14. COMMISSIONERS WELCOME AND FAREWELL RECEPTION
Page 2 of 2
Commissioners of Bel Air
Agenda
November 20, 2023
Signing of Checks
RECOMMENDED MOTION: “…that amended
Operations/Administration/Finance Policy I.E.6, authorizing the withdrawal of
Town funds on deposit with any commercial banking institution within the State
of Maryland, be approved by the Board of Town Commissioners.”
1. BACKGROUND
The commercial banking institution requires the filing of a Board approved policy
specifying the officials of the Town of Bel Air who may withdraw funds. Since
the Town’s main checking account is with M&T Bank, signature cards are
required to be filed with the bank. The Town’s accounts payable checks include
one live signature, typically the Director of Finance, and a facsimile signature of
the Board’s chair.
2. DISCUSSION/EXPLANATION
Based on the recent election, the names of the new commissioners, Steven T.
Chizmar, James B. Rutledge, III, and Jakob D. Taylor, are added to the policy,
while the outgoing commissioners, Kevin M. Bianca, Erin S. Hughes, and Donna
L. Kahoe, are removed.
3. RECOMMENDATION
The staff recommends the Board of Town Commissioners approve the policy.
Ordinance No. 818-23
An Ordinance Amending to Article II of the Development Regulations
in Chapter 165 of the Bel Air Town Code
WHEREAS, the Board of Town Commissioners is required, under the Land Use Article
of the Annotated Code of Maryland, to maintain consistency between the Development
Regulations and the Town of Bel Air Comprehensive Plan; and
WHEREAS, The Land Use Article of the Annotated Code of Maryland provides the
authority for the Board of Town Commissioners to adopt planning and zoning controls; and
WHEREAS, The Bel Air Board of Town Commissioners wish to update the Development
Regulations to respond to the needs and desires of the residents of the Town; and
WHEREAS, the changes to Article II are to clarify the threshold for restricting
development based on school capacity by lowering the capacity limit to 100% of the state rated
levels for each facility and to apply the measurement to the attendance area of the development
only; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Town Commissioners that
amendments to the Town of Bel Air Development Regulations, Chapter 165, Ordinance No. 818-
23, provided for below is hereby adopted.
§ 165-21 Annual growth report; adequacy standards.
A. Annual growth report.
(1) A copy of the approved Harford County Annual Growth Report, as referenced in
§ 267-126A(3)(a) and 267-126B(2)(b) of the Harford County Development
Regulations, shall be submitted by the Town's Director of Planning and Community
Development to the Board of Town Commissioners in July of each year. An amended
version of the report will be submitted to the Board of Town Commissioners in
January of each year, incorporating amendments to the annual growth report as
adopted by the county.
(2) The report, as required by the Harford County Development Regulations, is prepared
by the Harford County Department of Planning and Zoning and includes a specific
analysis of the current and future utilization and capacity of school facilities, including
the following:
(a) Full-time enrollment for the schools serving the Town of Bel Air as of
September 30, or as of any other official reporting date as set by the State Board
of Education or the County Board of Education;
(b) Rated capacity and utilization percentage of each pertinent school facility, with
capacity based on state-rated capacity;
(c) One-year, two-year and three-year, enrollment projections for each pertinent
facility, including a description of the method of projecting enrollment in each
facility; [Amended 4-3-2017 by Ord. No. 780-17]
(d) Pupil yield factor by school level for each type of dwelling unit;
(e) List of approved capital projects for new or expanded school facilities and the
identified schools that will be relieved, including projected enrollment and
opening date;
(f) School district maps for each level of school facilities; and
(g) Modified enrollment projections for each district, which include planned units
remaining (recorded lots and units projected from approved preliminary plans)
and projected units from vacant land zoned for residential purposes.
B. Adequacy standards (minimum acceptable level of service). Upon acceptance of the annual
growth report by the Board of Town Commissioners, all approvals of residential single-
family subdivision plans and site plans for multifamily development shall be subject to
findings of adequate school capacity based on the standards set in this subsection and the
current and projected use level described in the annual growth report:
(1) Preliminary approval. Preliminary subdivision plans exceeding five lots and site plans
for multifamily residential developments exceeding five dwelling units shall not be
approved at locations where either of the following conditions exist when impact of
the proposed development on school enrollment is included: [Amended 4-3-2017
by Ord. No. 780-17; 9-16-2019 by Ord. No. 792-19]
(a) The enrollment, at the elementary school which then serves the site and all
abutting elementary school attendance areas, is greater than 100% 110% of the
rated capacity or is projected to be greater than 100% 110% within three years;
or
(b) The enrollment, of either the middle school or high school which serves the site
and all abutting respective middle and high school attendance areas, is greater
than 100% 110% of the rated capacity or is projected to be greater than 100%
110% within three years.
(2) Conditional review. If Subsection B(1)(a) or (b) of this section prevents approval of a
subdivision plan or a site plan, the Planning Commission may proceed with
conditional review of the plan and place it on a waiting list arranged by the date of
completion of the review. This section shall not extend subdivision plan or site plan
approval beyond two years from the date of final decision. One-year extensions of an
approved plan may be requested without limitation during the period of development
deferral. Record plats, grading permits, and public works agreements for utilities or
roads shall not be executed by the Town until the plan for the project is removed from
the waiting list and approval is granted. Removal from the waiting list shall occur only
when the condition that prevented approval under Subsection B(1)(a) or (b) of this
section no longer exists. [Amended 9-16-2019 by Ord. No. 792-19]
(3) Exemptions. The provisions of this subsection shall not apply to transient housing or
fifty-five-and-over housing.
BE IT ORDAINED If any provision of this Ordinance shall be held violative of any
applicable law or unenforceable for any reason or ultra vires, the invalidity or unenforceability of
any such provision shall not invalidate or render unenforceable any other provision hereof, which
shall remain in full force and effect.
BE IT FURTHER ORDAINED that this Ordinance shall become effective on the twenty-
first (21st) day after passage unless petitioned to referendum.
INTRODUCTION:
PUBLIC HEARING:
ENACTMENT:
EFFECTIVE:
AYES:
NAYS:
ABSENT:
__________________________
Chair
Board of Town Commissioners
__________________________
Michael L. Krantz, Town Clerk
Ordinance No. 819-23
An Ordinance Amending Article VII of the Development Regulations
in Chapter 165 of the Bel Air Town Code
WHEREAS, the Board of Town Commissioners is required, under the Land Use Article
of the Annotated Code of Maryland, to maintain consistency between the Development
Regulations and the Town of Bel Air Comprehensive Plan; and
WHEREAS, the Land Use Article of the Annotated Code of Maryland provides the
authority for the Board of Town Commissioners to adopt planning and zoning controls; and
WHEREAS, the Bel Air Board of Town Commissioners wish to update the Development
Regulations to respond to public input regarding provision of open space; and
WHEREAS, the Board of Town Commissioners has reviewed the required provision of
open space in the Town with regard to fee-in-lieu and wishes to remove this option from the
developer requirements; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Town Commissioners that
amendments to the Town of Bel Air Development Regulations, Chapter 165, Ordinance No. 819-
23, provided for below is hereby adopted.
§ 165-52 Open space and recreation.
Residential subdivision or residential site developments in Bel Air shall be required to provide
open space and to dedicate land necessary for completion of the pedestrian trail network adjacent
to newly developed properties as described in Articles IV and V of the Town of Bel Air
Comprehensive Plan. Developed or active open space shall be designed to provide active
recreational facilities to serve the residents of the development. Undeveloped or passive open
space shall be designed to preserve important site amenities and environmentally sensitive areas.
In addition, or in lieu of provision of open space, and if approved by the Board of Town
Commissioners, the applicant may contribute to the Town Open Space Recreation Fund.
A. Minimum requirements.
(1) Amount of open space required. A minimum of 15% of the project area shall be set
aside for total (active and passive) open space.
(2) Size of open space parcels. To qualify as part of required open space, areas shall be
lawn, landscape or natural vegetation with a minimum of 500 square feet and have a
width of no less than 10 feet. Active open space shall be a minimum of 40% of the
required total open space area. This open space area shall be usable for active
recreation as outlined below. Water bodies shall not exceed 15% of the required open
space area. Active recreation space shall be dry, reasonably flat and accessible. The
land shall not exceed a grade of 3%. Land must be configured to provide adequate
space for active recreation facilities, as determined necessary by the Planning
Commission. [Amended 4-2-2018 by Ord. No. 783-18]
(3) Location of open space parcels.
(a) Active open space. Active recreation occurring on level or gently sloping land
designed to provide individual or group activities of a dynamic nature including, but
not limited to, sports fields, court games, hiker/biker trails, fitness courses,
swimming pools, children’s play areas, golf courses, and community gardening.
[1] The Planning Commission may require the installation of recreational facilities,
taking into consideration:
[a] The character of the open space land;
[b] The estimated age and the recreation needs of persons likely to reside in the
development;
[c] Proximity, nature, and excess capacity of existing municipal recreation
facilities; and
[d] The cost of the recreational facilities.
[2] The Planning Commission shall determine specific open space and/or
recreation requirements based upon needs as assessed by the Town of Bel Air
Comprehensive Plan. [Amended 4-3-2017 by Ord. No. 780-17]
[3] Accessibility; open space. Recreation sites must be accessible in terms of
safety, as well as distance traveled by users.
(b) Passive open space. As a general principle, undeveloped open space should be left in
its natural state. A developer may make certain improvements, such as a forest
conservation, landscape buffering or the provision of picnic areas, etc. In addition,
the Planning Commission may require a developer to make other improvements,
including but not limited to removing dead or diseased trees, thinning trees or other
vegetation to encourage more desirable growth and grading and seeding.
B. Maintenance and ownership. Open space and recreation facilities shall include provisions
for maintenance and ownership as stipulated in Part 4, § 165-118E(2), of the Town of Bel
Air Development Regulations. Should use or ownership of property upon which the open
space is located change, open space requirements shall be reevaluated. [Amended 4-3-2017
by Ord. No. 780-17]
C. Fee in lieu of open space.
(1) The Planning Commission may permit the open space requirements to be satisfied
through the payment of a fee in lieu of on-site recreation areas when provision of on-
site open space is impractical due to site conditions. Fees shall be determined by
statute based upon a per-acre cost for active and passive recreational open space.
(2) Open space fee-in-lieu payments shall be used for development of recreational
space/facilities through the Town's Recreational Open Space Fund. If not used within
15 years for acquisition and/or development of passive or active open space, the funds
shall be rebated to the property owner.
BE IT ORDAINED If any provision of this Ordinance shall be held violative of any
applicable law or unenforceable for any reason or ultra vires, the invalidity or unenforceability of
any such provision shall not invalidate or render unenforceable any other provision hereof, which
shall remain in full force and effect.
BE IT FURTHER ORDAINED that this Ordinance shall become effective on the twenty-
first (21st) day after passage unless petitioned to referendum.
INTRODUCTION:
PUBLIC HEARING:
ENACTMENT:
EFFECTIVE:
AYES:
NAYS:
ABSENT:
__________________________
Chair
Board of Town Commissioners
__________________________
Michael L. Krantz, Town Clerk
BE IT ORDAINED If any provision of this Ordinance shall be held violative of any
applicable law or unenforceable for any reason or ultra vires, the invalidity or unenforceability of
any such provision shall not invalidate or render unenforceable any other provision hereof, which
shall remain in full force and effect.
BE IT FURTHER ORDAINED that this Ordinance shall become effective on the twenty
first (21st) day after passage unless petitioned to referendum.
INTRODUCTION:
PUBLIC HEARING:
ENACTMENT:
EFFECTIVE:
AYES:
NAYS:
ABSENT:
Chair
Board of Town Commissioners
Michael L. Krantz, Town Clerk
5
Ordinance No. 821-23
An Ordinance Amending Article VII and Article III of the Development Regulations in
Chapter 165 of the Bel Air Town Code
WHEREAS, the Board of Town Commissioners is required, under the Land Use Article
of the Annotated Code of Maryland, to maintain consistency between the Development
Regulations and the Town of Bel Air Comprehensive Plan; and
WHEREAS, the Land Use Article of the Annotated Code of Maryland provides the
authority for the Board of Town Commissioners to adopt planning and zoning controls based on
recommendation from the Planning Commission; and
WHEREAS, the Bel Air Board of Town Commissioners wish to update the Development
Regulations to respond to input from the public and desires of Town residents; and
WHEREAS, the changes to Articles VII and III are designed to limit the number of
dwelling units per floor in multi-family uses based on each building block ; and
NOW, THEREFORE, BE IT ORDAINED by the Board of Town Commissioners that
amendments to the Town of Bel Air Development Regulations, Chapter 165, Ordinance No. 813-
23, as provided for below is hereby adopted.
§ 165-53 Performance standards and development guidelines by use.
A. Purpose.
(1) The following standards and guidelines are intended to implement the purpose of the
Town's zoning districts as noted in Article III of this Part 2, to promote quality
development, to add consistency and predictability to the permit review process, and to
reinforce the Town Comprehensive Plan land use goals and objectives. This section
not only specifies the performance standards required for the specific uses but also
includes guidelines intended to articulate the community's goals and objectives for new
development and redevelopment.
(2) All performance standards and guidelines must be addressed by an applicant. The
performance standards are mandatory for special exception uses and offer relatively
little flexibility, unless choices are provided within the statement itself. A variance
may be obtained for a special development performance standard, but not for special
exception uses. The guidelines are meant to be applied, but with some flexibility. The
Town will consider design or development features that are equal to or better than that
stated, so long as the intent is satisfied. The applicant assumes the burden of proof to
demonstrate how a proposal meets this test, and determination will be made by the
reviewing body.
3) Any use not found within this Part 2 or cannot be reasonably included under another
use definition is considered prohibited in the Town.
…
G. Use category performance standards and guidelines: residential uses. All residential uses are
subject to performance standards and guidelines. These shall be addressed as specified in
Subsections A and B of this section and as listed below:
(1) Performance standards. [Amended 4-1-2013 by Ord. No. 759-13; 4-3-2017 by Ord.
No. 780-17]
…
(2) In addition, specific residential uses listed below shall be subject to the following:
…
(h) Multifamily and townhouse dwellings. [Added 9-16-2019 by Ord. No. 792-19]
[1] Performance standards.
[a] Setbacks must meet § 165-63 as applicable to multifamily and townhouse uses.
[b] Refuse/recycling enclosures must be provided in sufficient number and within
close proximity to all residential buildings and accessory uses.
[c] All access and building conditions must be reviewed by a fire official prior to
Town approval.
[d] Additional active recreation area will be required to meet a minimum of 200
square feet per unit when density exceeds 10 dwelling units per acre.
[e] The maximum number of multi-family dwelling units within a building
block shall be no more than four units per floor not to exceed 12 units per
building block unless the planning commission determines to increase the
number of units to a maximum of six units per floor not to exceed 18 units
per building block based on the intensity of surrounding land use, the
architectural design, the layout of development, and the distribution of
parking, as shown on the plans submitted.
…
§ 165-33 B-3A General Business Gateway District.
A. Purpose. The General Business Gateway District is established to:
(1) Promote reuse, infill and redevelopment that provide a transition from the highway-
oriented development of the B-3 District to the Town's pedestrian-oriented, historic
core.
(2) Encourage efficient use of land and compact development with a mixture of retail,
service, office, civic and residential uses.
(3) Allow the land uses permitted in the B-3 District while incorporating design standards
appropriate to Bel Air's traditional downtown core.
(4) Encourage increased economic vitality through the addition of new downtown
residences and uses that attract visitors, such as specialty shops, restaurants, theaters
and overnight accommodations.
(5) Encourage mixed-use buildings with retail and service uses at street level and office or
residential uses on upper levels.
(6) Promote redevelopment of vacant and underutilized properties.
(7) Provide for safe and convenient pedestrian, bicycle and automotive travel.
(8) Provide pedestrian connections between Route 1 and Bel Air's downtown area.
(9) Retain and create attractive streetscapes with a lively, pedestrian-oriented character.
(10) Require the use of building components that are human in scale.
(11) Provide transitions or buffers so that new development is compatible with and
protective of surrounding residential uses.
…
C. Site design standards.
(1) Design goals.
(a) The streetscape and the building facade facing the street shall be the primary
focus of the development.
(b) New development shall contribute to the creation or reinforcement of a
pedestrian-friendly streetscape with a strong pedestrian edge along the sidewalk
and screening for parking.
(c) Buildings on corner lots shall establish a strong presence with unified facade
design along both street frontages.
(d) Parking shall not be a dominant visual element of the streetscape. Parking should
be screened by buildings or buffered by attractive plantings or low walls.
(e) Building and site designs should preserve and enhance special street views, in
particular, views of landmark buildings and natural features, focal points at T-
intersections and views along curving roadways.
…
(8) Residential development standards.
(a) The front facade of the townhouses shall not face a principal arterial road.
(b) Garages, attached or detached, shall be accessed from the rear of the dwelling.
(c) No density standards are applicable to townhouses or multifamily dwellings.
(cd) Standards for minimum percentage of window area shall not apply.
(de) Maximum building coverage for townhouses shall be 60% of the lot area.
(ef) The standards of § 165-27 shall apply to single-family detached dwellings in the
B-3A District.
BE IT ORDAINED If any provision of this Ordinance shall be held violative of any
applicable law or unenforceable for any reason or ultra vires, the invalidity or unenforceability of
any such provision shall not invalidate or render unenforceable any other provision hereof, which
shall remain in full force and effect.
BE IT FURTHER ORDAINED that this Ordinance shall become effective on the twenty-
first (21st) day after passage unless petitioned to referendum.
INTRODUCTION:
PUBLIC HEARING:
ENACTMENT:
EFFECTIVE:
AYES:
NAYS:
ABSENT:
__________________________
Chair
Board of Town Commissioners
__________________________
Michael L. Krantz, Town Clerk
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