Baltimore County executive to introduce legislation bypassing council approval for mixed-use developments

Baltimore County Executive Johnny Olszewski Jr. is expected to introduce legislation next week that would expand the county’s ability to approve multiple-use developments in certain areas without needing approval from the Baltimore County Council, according to a draft bill obtained by The Baltimore Sun.

Olszewski’s bill would amend zoning codes to allow mixed-use projects in manufacturing or business districts that are within the Urban-Rural Demarcation Line and located in “node” areas targeted for redevelopment within the 2030 Master Plan, like aging shopping centers and malls. Nodes are areas close to transit access and major employers. Mixed-use developments combine multiple uses in a shared building, like retail, office and residential units, and are not currently mentioned in the zoning code.

Olszewski, a Dundalk Democrat, will introduce the bill at Tuesday’s council meeting, according to county spokesperson Sean Naron.

The Master Plan, which the council is currently reviewing, is a charter-mandated process that strategizes every 10 years where development should occur throughout the county. The draft plan identifies as nodes areas like Liberty Road in Randallstown; the White Marsh Mall; Warren Road in Cockeysville; Security Square Mall in Woodlawn; and the Milford Mill Metro Station.

Olszewski’s bill would allow only mixed-use projects on a “by-right” basis, meaning that they would not need council approval, unlike planned unit developments, which require developers to host community input meetings and offer a public benefit that would not otherwise be obtained, like a park or achieving a higher standard of building design. Other zones allow for some by-right uses, like farms in agriculture zones, and apartments and single-family homes in residential zones.

The county executive said his legislation will incentivize “attainable housing for working families” by making projects eligible for parking requirement reductions and increasing the lot area size developers can build on if they set aside units that low-to-moderate income residents can afford.

“By supporting opportunities for mixed-use developments across Baltimore County, we can drive a new generation of smart growth that protects our environment, creates new housing opportunities, and builds stronger communities for years to come,” Olszewski said.

State lawmakers pledged to make housing a focus during the new legislative session, which began Wednesday. Maryland is short by 96,000 units, according to a housing memo from Democratic Gov. Wes Moore’s office. This week, Olszewski named affordable housing as one of his legislative priorities.

If Olszewski’s bill passes, mixed-use projects would undergo the development review process and receive approval from the county planning board and agencies like the Department of Planning and the Department of Permits, Approvals and Inspections, according to Planning Director Steven Lafferty. If they receive county funds, developers would need to set aside a percentage of the project units as affordable housing, according to the bill text. The number of required affordable units would range from 10% of developments with 20-34 units to 20% for those with 50 or more units.

The bill needs four votes to pass the seven-member council.

Council Chair Izzy Patoka, a Pikesville Democrat and former community planner, said he was in favor of the bill because it encourages the county to rethink development as people shift to remote work.

“We need to, at some point, look at the entire zoning code and see what makes sense for a post-pandemic economy,” he said. “Office space is very different, and retail doesn’t behave as it did 20 to 30 years ago.”

Councilman Pat Young, a Catonsville Democrat, said he thought the legislation was a “step in the right direction.”

“I’m excited by the prospect,” he said. “It would have to provide more tools and incentives [for repurposing] these 1980s- and 1990s-style strip malls and shopping centers that haven’t stood the test of time.”

Democrats Mike Ertel of Towson and Julian Jones of Woodlawn did not respond to requests for comment Thursday.

Republican Councilmen Todd Crandell of Dundalk and David Marks of Perry Hall said they were concerned the legislation would strip away the council’s ability to weigh in on high-density projects without considering their impact on nearby schools, roads and other public infrastructure.

“I am leery of any legislation that has the potential to usurp the County Council’s, and therefore the community’s, land-use authority,” Crandell said.

One node includes the Lutherville Station shopping center on Ridgely Road where developer Mark Renbaum wants to build 450 housing units and office and retail space. Olszewski told The Sun in October that he supports the project, for which Renbaum is seeking rezoning approval via the Comprehensive Zoning Map Process to allow his project to move forward with the correct zoning classification. The zoning process, which allows individual properties to be rezoned on a four-year cycle, ends in September.

Renbaum was unavailable for comment. His project is in Republican Councilman Wade Kach’s district.

In an email statement, Kach said he opposed what he called “the most developer-friendly legislation” in generations.

“It would dramatically alter the balance of power in the County granting the executive branch and unelected officials unprecedented land use authority at the expense of the most impacted communities,” he wrote. “Simply put, this legislation would open up large swaths of the Lutherville-Timonium York Road corridor to thousands of new apartment units, by right, without any meaningful community input. Given our already overcrowded schools, our overburdened sewer capacity, and our already congested roadways, I strongly oppose this proposal.”

The council will discuss the bill at its Jan. 23 work session.