Planning commission weighs removing apartments above strip malls; staff to draft redline

At its March 4, 2026 meeting, the Carroll County Planning and Zoning Commission reviewed a staff‑proposed text amendment that would remove residential uses as an accessory use in planned commercial centers and preserve any existing units by grandfathering them as of a cutoff date.

Daphne, the county planner leading the discussion, said the proposal responds to concerns in the Freedom‑area deferral and the lack of guidance for what residential above a commercial center should look like. "The proposal was to simply look at removing residential as an accessory use in the planned commercial centers," she said, explaining that the intent is to pause new second‑story residential units while staff and consultants develop clearer mixed‑use design standards in the master‑plan process.

Staff reviewed the code history: planned commercial centers (formerly planned business centers) moved between chapters of the code in the 2000s; a 2007 provision added limited allowance for second‑story residential uses subject to size limits, concurrency and impact fees. Commissioners noted the current accessory‑use language contains no building or site design requirements beyond parking, leaving open questions about livability, circulation and integration with surrounding commercial uses.

Commissioners and staff said only two planned commercial centers in the county currently include residential units, both in the Freedom area; staff said there are no pending projects in the approval queue. "We only have 2, in the county. They're both in the Freedom area," Daphne said. Multiple commissioners advocated for a simple grandfathering approach using a clearly defined cutoff date so existing units are permitted while new projects would be required to meet future mixed‑use standards. One commissioner recommended using 12/31/2025 (or even 03/04/2026) as the effective date to remove ambiguity.

Members discussed practical constraints that would affect where mixed‑use works, including water availability and municipal service boundaries. Commissioners emphasized that well‑planned mixed‑use can be beneficial when integrated with the right infrastructure and design, but expressed concern about ad‑hoc residential add‑ons atop strip centers without adequate design standards.

The Commission did not take a formal vote on the amendment at the meeting. Daphne said staff will prepare redline code language and return with suggested revisions at the next Commission meeting (planned for April 17 or the April evening meeting). If the language is acceptable, the Commission may forward a recommendation to the Board of County Commissioners for their decision.