Tag Archives: Meredith Wellington

Former Planning Board Member Meredith Wellington on Accessory Dwelling Unit Proposal

ACCESSORY DWELLING UNITS  ZTA 19-01— UPDATE

Background.  On January 15, 2019, County Councilmember Hans Riemer sponsored Zoning Text Amendment (“ZTA”) 19-01, a proposal to relax the restrictions that currently limit County homeowners from creating “Accessory Dwelling Units” (“ADUs”) on their property. ADUs are separate dwelling units on the same lot as a single-family principal residence. The dwelling may be traditional rental apartments or, after one year, may be converted to a short-term, “airbnb-type” unit. The latterrequires a different category of license, and it must not have a full kitchen.

After a hearing before the County Council, the Council’s Planning,Housing and Economic Development (“PHED”) Committee chaired by Councilmember Riemer held work sessions on ZTA 19-01, and it has now sent a revised version of the legislation to the full County Council for a vote likely next month. Over the objections of County Executive Marc Elrich and civic groups throughout the County, the PHED Committee is recommending a version of ZTA 19-01 that eviscerates current restrictions on ADUs that protect single-family neighborhoods. 

Current Proposal. Homeowners in small lot communities (those zoned R-60, R-90 or R-200) can already create separate rental apartments in their homes (“attached” ADUs). However, these ADUs are now subject to strict limitations designed to assure neighborhood preservation and compatibility. Under Councilmember Reimeroriginal proposal and the PHED Committees revisionsmost of the limitations on attached ADUs will no longer apply. 

Even worse, detached ADUs would for the first time be permitted in the backyards of 120,000 to 160,000 small lots in single-familyneighborhoods throughout the County. These ADUs could range fromtrailers and converted cargo containers to three-bedroom apartments in new structures and renovated garagesdepending on the lot’s sizeA table comparing the current rules for both attached and detached ADUs with those in ZTA 19-01 is attached.

Impacts on Single-Family Neighborhoods. Especially problematic are the provisions for detached ADUs, which are capable of altering the character of a neighborhood by blanketing the County without regard to location, lot size, compatibility, environmental concerns, best design practices for infill development, or provisions in existing master and sectorplans. These structures would be allowed without meaningful parking requirements to protect nearby homeowners or environmental requirements for sediment control, storm water management, or preservation of the existing tree canopy.

Contravention of Sound Planning Principles. According to Councilmember Riemer, ZTA 19-01 is intended to allow property owners to create “granny flats” and “in-law suites” inside their homes, and “tiny houses” and “cottages” in their backyards, all of which will increase the County’s affordable housing stock for lower income families and individuals. In fact, the proposal is “one-size-fits-all” legislation that is likely to produce the opposite result. Unless accompanied by dedicated public financing programs, this proposal may simply enable wealthy property owners and real estate developers to build expensive second homes on residential lots, thereby driving up rather than reducing housing costs.

In response to the myriad of concerns about the County’s failure to enforcecurrent zoning and rental licensing regulations with respect to existing ADUs, members of the PHED Committee promised during their work sessions to examine the budget and staffing of the County’s Department of Permitting Services (“DPS”) and its Department of Housing and Community Affairs. (“DHCA”). However, there is nothing on the Council’s agenda regarding these enforcement issues, and the PHED Committee is asking the Council to adopt ZTA 19-01 without addressingthe acknowledged deficiencies in County code enforcement. 

Recommendations for Detached ADUs. County planning officials should utilize sound planning tools to assure that detached ADUs will complement existing housing stock and in fact add to much-needed affordable housing. Here are some ideas for successful planning:• Detached ADUs should not be allowed as a housing type in small lots zoned R-60, R-90 and R-200. Instead, these structures should be permitted only on lots larger than 10,000 square feet, and only if recommended as part of an overlay zone in a master or sector plan for a specific community. If planned properly, detached accessory apartments can be compatible with the surrounding neighborhood as was done in Kentlands — a development oft-cited in the PHED Committee work sessions.• Technically, the property owner sis required to live in either the primary dwelling or the ADU, but County officials acknowledge serious problems with enforcement. Enforcement of this requirement should be a priority of both DPS and SHCA.• Detailed design guidelines should be provided to assure neighborhoods that valuable green space and trees will not be destroyed by dense over-building on small lots that leave only concrete in their wake.  • Planning officials should consider whether backyard trailers and cargo containers are appropriate building types even on larger lots throughout the County.• The PHED Committee should explore the need for a housing program that will help homeowners, rather than developers, finance detached ADUs to make their own homes and rental units more affordable.    

Recommendations for Attached ADUs. Unfortunately, ZTA 19-01 removes most of the protections in the current zoning code that protectsmall lot communities from the adverse impacts of attached ADUs. which would be largely unregulated in the future. Here are somerecommendations for these dwelling units:• Spacing requirements for attached ADUs in the current zoning ordinance should be retained (e.g., 300 feet between attached ADUs on same block in the small lot zones; 500 feet for attached ADUs on the same block in large lot zones). 
 • ​Parking requirements should be adopted based on data showing neighborhood road widths, as well as the volume of cars normally parked on the streets in question, with homeowners given priority for parking space in front and near their homes. Proximity to transit should not be the only consideration, and one mile from transit is too far.• ​Maximum square foot limits for attached ADUs should be maintained. Large basement areas and additions should not be transformed into large housing units within a single-family home, thereby creating a new form of “mansionization” incompatible with small-lot neighborhoods.• If the principal dwelling is a new home, all the current infill requirements (height, set back, lot coverage, and other restrictions) should apply to any space used to create an attached ADU. • The protection in the current zoning code against over-concentration should be reinstated (i.e., in small lot zones, the ADU must be located at least 300 feet from any other attached or detached ADU along the same block face).• Workable strategies should be established to assure that the owner either lives in the primary or accessory residence. Right now, this requirement is not being properly enforced.

Conclusions.  The County needs housing legislation that will result in exciting new communities with mixed affordable housing, as well as a housing program that makes new dwelling units available to large, diversecommunities of residents. This can be accomplished by identifying appropriate locations in master plans, and by adopting innovative housing programs that provide financing together with code enforcement.

The current proposal offers the worst of all worlds. Without a financing program, only wealthy property owners will be able to create ADUs,which in all likelihood will increase housing prices throughout the County and generate new housing types that will irrevocably overwhelm and degrade the County’s single-family neighborhoods. 

What can you do? Contact County Council members and let them know your concerns: 

Gabe Albornoz                 240-777-7959, Councilmember.Albornoz@montgomerycountymd.gov;

Andrew Friedson            240-777-7828,Councilmember.Friedson@montgomerycountymd.gov;

Evan Glass                         240-777-7966, Councilmember.Glass@montgomerycountymd.gov;

Tom Hucker                      240-777-7960, Councilmember.Hucker@montgomerycountymd.gov;

Will Jawando ​  240-777-7811, Councilmember.Jawando@montgomerycountymd.gov;

Sidney Katz                       240-777-7906, Councilmember.Katz@montgomerycountymd.gov;

Nancy Navarro                240-777-7968, Councilmember.Navarro@montgomerycountymd.gov;

Craig Rice                         240-777-7955, Councilmember.Rice@montgomerycountymd.gov;

Hans Riemer                     240-777-7964, Councilmember.Riemer@montgomerycountymd.gov.

Meredith Wellington

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Campaign Finance Reports: Council Districts, May 2018

By Adam Pagnucco.

Today we look at fundraising by the Council District candidates.  As with our prior posts on the County Executive and Council At-Large races, we start with a note on methodology.  First, we calculate total raised and total spent across the entire cycle and not just over the course of one report period.  Second, we separate self-funding from funds raised from others.  Self-funding includes money from spouses.  Third, for publicly financed candidates, we include public matching fund distributions that have been requested but not deposited in raised money and in the column entitled “Cash Balance With Requested Public Contributions.”  That gives you a better idea of the true financial position of publicly financed campaigns.

Let’s start with the Council District 1 candidates.

Former Comptroller staffer Andrew Friedson is easily the fundraising leader.  His total raised for the cycle ($333,081) exceeds any of the Council At-Large candidates and his cash on hand ($245,290) almost equals the cash on hand of the next three candidates combined ($251,205).  Friedson has raised $159,257 from individuals in Bethesda, Chevy Chase, Glen Echo, Cabin John, Kensington, Potomac and Poolesville, which represents 48% of his take.  That amount is not very different from the TOTAL fundraising from others reported by former Kensington Mayor Pete Fosselman ($174,996) and former Planning Board Member Meredith Wellington ($138,820).  Of Friedson’s 1,074 contributions, 702 were for $150 or less.

The endorsement leader in District 1 is Delegate Ana Sol Gutierrez, who has the support of MCEA, Casa in Action, SEIU Locals 500 and 32BJ, Progressive Maryland and MCGEO.  But Gutierrez’s main base of voters is Wheaton, which is not in the district, and she does not have a lot of money for mail.  Friedson got a big boost when the Post endorsed him.

Reggie Oldak faces a cash crunch at the end because of her decision to participate in public financing.  Unlike Friedson, Fosselman or Wellington, she can’t get big corporate or self-financed checks to catch up late and she has already received the maximum public matching funds available ($125,000).  District 1 has by far more Democratic voters than any other district and past candidates, like incumbent Roger Berliner and former incumbent Howie Denis, raised comparable amounts to the at-large candidates.  The next County Council should consider whether to adjust the matching funds cap to avoid handicapping future District 1 candidates who enroll in public financing.

Now let’s look at the Council District 3 candidates.

Incumbent Sidney Katz and challenger Ben Shnider have raised comparable amounts for the cycle.  But Shnider’s burn rate has been much higher (partly driven by early mail) and Katz has more than twice his cash on hand.

Katz’s strength is not simply his incumbency but the fact that he has been a county or municipal elected official in the district longer than Shnider has been alive.  That shows up in their fundraising.  Katz is in public financing and recently announced that he will receive the maximum public matching funds contribution of $125,000.  Of Shnider’s $199,454 total raised, just $14,639 (7%) came from individuals in Rockville, Gaithersburg, Washington Grove, Derwood and zip codes 20878 and 20906.  That is a huge gap in starting indigenous support that Shnider has to close.

Here are the summaries for Council Districts 2, 4 and 5.

Council District 5 challenger Kevin Harris qualified for public matching funds so he can send mail against incumbent Tom Hucker.  But we expect Hucker and his fellow council incumbents, Craig Rice and Nancy Navarro, to be reelected.

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“Ever Feel Like Montgomery County Government Doesn’t Listen?”

By Adam Pagnucco.

That’s the title of the mailer sent out by Council District 1 candidate Meredith Wellington this week, which we reprint below.  The remainder of Wellington’s message is clearly directed at opponents of development, an ancient political tradition in MoCo.  But here is the thing: whether it’s fair or not – and we could make a case either way – pretty much everyone we talk to, regardless of their ideology, doesn’t believe the county adequately listens to them.  That message, distilled of ideological connotation, will travel far and wide.

 

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Clash on the Issues, Part III: Blame It on the Alcohol

This is the third in a series about the issue positions of candidates in District 1 based on the debate hosted by Friends of White Flint. Today’s topic: what do the candidates think about the Montgomery County Department of Liquor Control’s alcohol monopoly?

Time to Get Off the Sauce: Candidates for Privatization

Bringing levity to the debate on several occasions, Pete Fosselman started by bluntly stating “I like my liquor” to laughter from the crowd. He proposes letting the county retain control of hard liquor but privatizing the sale of beer and wine, arguing that the change would boost in Montgomery restaurants. As an industry that makes most of their money on alcohol sales, they watch this aspect of the business carefully.

Andrew Friedson spoke passionately in favor of privatization. Fighting back against those concerned about the loss of revenue generated by the monopoly, Friedson stated “I believe government should be judged on how well it serves people, not how well it makes money.” Moreover, he argued that the monopoly costs Montgomery revenue, as it is hard to explain why alcohol sales are 41% lower here than elsewhere in the region unless you think Montgomery has “a secret temperance movement.”

Meredith Wellington agreed with Friedson, saying thoughtfully that the monopoly is a symptom of the county’s problematic approach. Arguing that government can’t do everything, Wellington said that we want entrepreneurial people in the county and need to work with them to help us market the county to businesses.

Though concerned about losing the union jobs, Reggie Oldak also thinks the county should not be in the liquor business, pointing out that $30 million is not much in a $5.5 billion budget. She shouldn’t worry so much. Private liquor distributors are also unionized. Why should the county should favor jobs with one union over another?

They Tried to Make Me Go to Rehab, I Said No, No, No: Candidates against Privatization

Bill Cook believes that privatizing the liquor industry would be a huge loss for the county because we’d lose $30 million and those “great paying union jobs.” Taking perhaps an unusual tack, he then proceeded to attack of his own potential constituents, Total Wine Co-Owner David Trone, who lives and has located the headquarters of his business in District 1.

Stating that there is “nothing wrong” with the county selling liquor and endorsed by UFCW 1994 MCGEO, Ana Sol Gutiérrez favors modernization, not privatization. She says that “significant steps have been taken” in terms of improvements. I wonder if she also thinks Metro escalators rarely break down. Gutiérrez likes that we can take on new debt by bonding the revenue stream. In other words, the county is fiscally hooked on alcohol.

Jim McGee opposes privatization but favors modernization. Unfortunately, that has been promised for years but is much like waiting for Godot. They say that it’s coming. But when is it coming? At the same time, McGee thinks it is too hard for microbreweries to distribute their product.

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Clash on the Issues, Part II: is Ballooning Debt a Problem?

This is the second in a series about the issue positions of candidates in District 1 based on the debate hosted by Friends of White Flint. Today’s post looks at whether the candidates are concerned about the share of the county budget going to service debt, which is approaching 20% according to the question.

Ana Sol Gutiérrez doesn’t see County debt as a problem and views it is analogous to a home mortgage, leaving me hoping that we don’t end up under water like so many home owners. She has confidence in analyses showing the county is financially stable but also expressed interest in finding “other funding streams,” which sounds like taxes. Throughout the debate, however, she referred to mysterious state-level funds that the county had left untapped, a perplexing claim from a this long-time delegate on the appropriations committee who should be well placed to direct funds to the County.

In a similar vein, Bill Cook commended the Council for its balanced budget and well-funded rainy day fund, and blamed “reckless” development without appropriate impact taxes for placing additional burdens on county residents.

Reggie Oldak took a more centrist position, arguing that too much debt is a burden and Montgomery needs to preserve its AAA bond rating. At the same time, she agreed it is shortsighted not to spend on the safety net, leaving me a bit concerned as debt should go to capital, not operating, expenses.

Noting a lot of agreement among the candidates, Jim McGee took a similar position. He views debt as an “investment in the future” but also says we need to see the return on the investment. He also noted aptly that interest rates are rising, so debt will cost more in the future. Economic growth is the real solution to this problem.

Meredith Wellington was the first to express directly that she is very concerned about the debt gobbling up more of our budget even as revenues have not bounced back and we’ve raised taxes. She supports the affordability guidelines, even though they constrain the county’s ability to borrow, and said we need to set priorities. In short, Wellington was the first to identify rightly that growing debt and flat revenues is not a sustainable fiscal path, and that the county will have to make real choices as a result.

Andrew Friedson concurred with Wellington. He countered Gutiérrez’s home mortgage analogy directly, arguing cogently that we cannot do the equivalent of taking out a bigger mortgage or taxing our way out of it. There is certainly little appetite for increased property or income taxes in Montgomery, especially in the wake of the County’s big tax hike.

Showing his expertise on the topic, Pete Fosselman noted the $375 million paid in interest last year and the $120 million hole in the current budget. He’s concerned about the County’s AAA bond rating, arguing that we need fiscal discipline and to work better to provide services through nonprofits even as we stop funding politically connected “sock puppet nonprofits.”

Once again, voters appear to have a real choice, as candidates expressed broad differences on both debt as a problem and the solutions. All should be concerned with the county bond rating because lower bond ratings mean we pay more in interest and can afford less. As Wellington identified, and Friedson and Fosselman agreed, we are not on a sustainable fiscal path, so debt should be a real concern. The era of difficult choices is far from over.

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Clash on the Issues, Part I: Recruiting Amazon

This is the first in a series about the issue positions of candidates in District 1 based on the debate hosted by Friends of White Flint. Candidates clashed greatly on whether and how to pitch White Flint as Amazon’s future location. While all touted Montgomery County’s assets, there was enormous disagreement on providing tax incentives.

Jim McGee argued against doing anything to recruit Amazon to Montgomery. He’s outraged that Jeff Bezos makes “$35 billion per year” and opposes the siting of the equivalent of “two Pentagons” here. While correct that Bezos is wealthy, though missing that it’s for creating a world-beating company, this analysis ignores both Amazon’s duty to its shareholders or the reality of its economic power to command incentives. McGee admitted candidly that he was “probably not the right guy” to make the pitch to Amazon.

Bill Cook wants the jobs but is “not willing to prostrate” before Amazon. He’d tell Jeff Bezos that he doesn’t need the money and you already have a mansion in Kalorama. Cook says he knows that Amazon is coming to Washington but won’t be going to DC or Fairfax because “the schools suck are terrible.” Neither true nor the way I’d put it. The Washington area provides three excellent candidates but Cook’s attitude would assure that Amazon doesn’t come to Maryland.

In contrast to these wildly unrealistic, populist views of the world, Reggie Oldak countered that it would be great if Amazon came, pointing out astutely that we are giving tax breaks, not subsidies, and that collecting 90% of something is better than 100% of nothing. Additionally, we’d receive transit funding from the State. Indeed, the tax breaks are spaced over many decades based on Amazon spending many times more in salaries.

Several candidates, such as Andrew Friedson, pointed out the attractiveness of our location near DC and three airports along with our transit system, educated workforce and excellent school system. Citing Montgomery as a diverse and welcoming community, Pete Fosselman argued emphatically that the tax breaks don’t outweigh the “phenomenal” long-term benefits. Fosselman also pointed out the State’s new funding for Metro along our planned BRT system as real positives in our recruitment pitch.

Demonstrating her planning skills, Wellington also emphasized our great location and said agreed with Pete Fosselman’s support for the Council’s recent zoning changes shortening the comment period for the site, perceptively pointing out the most important discussions occur before the submission of the plan. She’d work to make sure that Amazon’s new building integrate well into the community.

Ana Sol Gutiérrez said “Let’s make a deal. We can both win” but did not outline the sort of deal she’d expect or support. Gutiérrez said that the Governor is enticing Amazon with tax credits but wanted to know what we would gain from Amazon, saying that it’s not about the jobs but the diversity. I suspect most would disagree with Gutiérrez and say that it is, in fact, about the jobs, pointing out that Amazon’s arrival here would provide opportunities for our diverse workforce and assure that all people hired by Amazon, or the many businesses its arrival would spawn, would be covered by Montgomery’s protections for employees.

Unfortunately, Dalbin Osorio was ill and unable to attend the debate, which was too bad as he was a lively and interesting candidate at the first debate.

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Campaign Finance Reports: District County Council, January 2018

By Adam Pagnucco.

In addition to the wild and woolly Executive and Council At-Large races, MoCo has two competitive District County Council elections.  Let’s have a look.

Council District 1

In District 1, which stretches from Kensington in the east to Poolesville in the west, nine candidates are vying to succeed incumbent Roger Berliner, who is term limited and is running for Executive.  But of these nine, only four look competitive at the moment and one stands out: former aide to the Comptroller Andrew Friedson.

Friedson’s lead in total raised and cash balance is as obvious as it is staggering.  But consider these three facts.  First, if Friedson were running in the Council At-Large race, his total raised for the cycle ($218,903) would be second only to Hans Riemer ($219,103), who is the only at-large incumbent running.  Friedson’s cash on hand ($200,622) would be second only to Delegate Charles Barkley ($232,428).  Second, Friedson’s lead is not in money alone.  We added up the number of individual contributors each of the top four fundraising candidates had in Bethesda, Chevy Chase, Potomac, Kensington, Cabin John, Glen Echo, Poolesville and zip codes 20852 (Rockville) and 20878 (Gaithersburg/North Potomac)  to approximate in-district contributors.  Friedson had 289 contributors in these locations, followed by Reggie Oldak (217), former Town of Kensington Mayor Pete Fosselman (195) and Meredith Wellington (92).  Third, Friedson has accomplished this in just five months.  Fosselman has been running for ten months, followed by Oldak (nine months) and Wellington (eight months).  We wonder how much Friedson would have raised if he had been campaigning longer.

The good news for Reggie Oldak is that she has done well in public financing and should have no problem hitting the $125,000 cap for public matching funds.  The bad news is that it’s probably impossible for her to catch Friedson because once she hits the cap, she will be limited to $150 individual checks.  Wellington has relied on self-financing more than the other candidates and has a high burn rate (41%).  Fosselman should have been the fundraising leader in this race.  He was Mayor of the Town of Kensington for a decade and is plugged into Ike Leggett’s network, the county developer network (he once worked for Rodgers Consulting) and what is left of the network of former Governor Martin O’Malley, who endorsed him and had his PAC max out to him.  But Fosselman is fourth in cash on hand and faces the risk that the business community will turn to Friedson as a better prospect to win.

Council District 3

In District 3, which is mostly comprised of Rockville, Gaithersburg, Aspen Hill, Leisure World, part of Norbeck and Washington Grove, former J Street Political Director Ben Shnider is taking on incumbent Council Member and former Gaithersburg Mayor Sidney Katz.  Shnider, who is in the traditional financing system, outraised the incumbent, who is taking public financing.

Shnider’s fundraising edge, along with his endorsement by SEIU Local 32BJ, gives his campaign credibility against Katz, who has been in county and municipal politics for decades.  A further look at the fundraising numbers reveals two things.  First, 76% of Shnider’s fundraising has come from out of state.  (Katz’s percentage is just 2%).  But second, and more worrisome for Katz, Shnider is starting to catch on in the district.  When we added up the number of individual contributors from Rockville, Gaithersburg, Washington Grove and zip code 20906 (Leisure World/Norbeck) to approximate in-district contributors, Katz had 99 and Shnider had 75.  Shnider is the underdog in this race, but Katz needs to start working harder to hold him off.

The other districts lack competition.  District 2 incumbent Craig Rice has not been raising money and is apparently unworried about his Republican rivals in the age of Trump.  District 4 Council Member Nancy Navarro and District 5 Council Member Tom Hucker have no opponents and are headed to reelection.

We will get to state legislative races soon, folks!

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