Council adopts zoning amendment clarifying measurement for large filling-station setbacks after debate over Viva White Oak Costco
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Summary
The Montgomery County Council approved Zoning Text Amendment 25-06 to clarify how the 500-foot setback for large filling stations is measured, following debate over whether the measurement should be taken from pumps or from property boundaries and discussion of impacts on the Viva White Oak development and a proposed Costco.
On Sept. 9 the Montgomery County Council approved Zoning Text Amendment (ZTA) 25-06, which clarifies how the county measures the 500-foot setback that applies to certain large vehicle service/filling stations. The Planning, Housing and Parks (PHP) Committee recommended approval with amendments; the council adopted the ZTA after debate and a roll-call vote.
The ZTA clarifies that the 500-foot measurement for filling stations that dispense at least 3,600,000 gallons per year is taken from the dispensing equipment (the pumps/hoses) rather than from the property boundary or queuing lines. The Planning Board and Planning Department had recommended that measurement; the committee also adopted a planning-board-suggested amendment requiring underground storage tanks to be sited at least 500 feet from wetlands, streams, rivers, floodplains or environmentally sensitive areas.
Council Member Friedson, chairing the PHP presentation, said the committee voted 2-1 to approve the ZTA with amendments, and that the principal discussion concerned how measurements should be made. Council Member Nancy Navarro Mink (referred to in the transcript as "Mink") said the clarification was important to provide certainty for applicants and specifically argued it was needed for the Viva White Oak project to allow a Costco store to include a filling station on a constrained site. "Without this ZTA as passed by PHP, that Costco filling station will not have the certainty that they need to make a huge investment," Mink said, urging passage to keep the project in Montgomery County.
Council Member Fanny Gonzalez offered an amendment to measure from property boundaries rather than the pumps, arguing the boundary measure better accounts for queuing lines and their air-pollution impacts on nearby residents. "The intention for this ZTA was actually to measure from the boundary," Gonzalez said, adding she supported the amendment to protect neighborhood health. Her amendment was seconded and debated; it failed on a 2-to-9 vote, after which the council proceeded to the final roll call on the ZTA.
Other council members weighed economic development and environmental considerations in their remarks. Council Vice President Juando noted Costco's role as an employer and said the project would bring jobs and community amenities. Council Member Glass opposed the ZTA on broader policy grounds, saying he had a "philosophical concern" about facilitating "mega gas stations" in the county and indicated he would vote against the ZTA.
The roll call recorded the final votes and the council president announced the ZTA passed. The transcript records the committee vote (2-1) and committee adoption of the planning-board amendment on underground-tank setbacks. The council's action implements the PHP recommendation, clarifies measurement method for large stations dispensing 3,600,000 gallons per year, and preserves predictability for new development while also including the environmental-protection language for tank siting.
Next steps include implementation of the amended zoning language through permitting practice at the Department of Permitting Services and any site-specific review that will apply to projects such as Viva White Oak and proposed commercial tenants. The record shows the ZTA passed and will be applied to relevant permit reviews and development proposals.
