Council approves zoning amendment clarifying measurement for large filling stations; proposed queue‑based setback fails

The Montgomery County Council voted Sept. 9 to approve Zoning Text Amendment (ZTA) 25-06, which clarifies how the county measures the 500‑foot setback that applies to large vehicle service/filling stations. The Planning, Housing and Parks (PHP) Committee recommended approval with amendments, and committee language adopting planning‑board language to measure the 500‑foot setback from underground storage tanks for environmentally sensitive areas was retained.

ZTA 25-06 clarifies that that a ‘‘large’’ filling station — defined in the amendment as one that dispenses at least 3,600,000 gallons per year — will have its measurement point specified for setback purposes. The PHP committee recommended measuring the setback from the hose (the pump) for the general measurement and the planning‑board wording for environmentally sensitive areas requiring the 500‑foot measurement from underground tanks when wetlands, streams, floodplains or other environmentally sensitive areas are present.

Council Member Fanny Gonzalez moved an amendment to measure the 500‑foot setback from the property boundary, saying the intention behind the original standard was to account for queuing that produces pollution. "Cars that are queuing and producing all this pollution... It was a health and environmental issue for us," she said. Council Member Mink and other proponents of the ZTA said changing the measurement to the boundary would effectively prevent a planned Costco filling station at the Viva White Oak development and could derail the larger retail and redevelopment project.

Council Member Mink said the amendment passed by PHP is "needed to clarify setbacks within a tight site so that Costco can locate a new store on the Viva White Oak site with a filling station" and warned that moving to a boundary measurement would make the Viva White Oak filling station infeasible. Council Member Glass said she opposed the ZTA entirely on environmental grounds, arguing that building mega gas stations runs counter to county goals for electrification and emissions reductions. "I just don't think facilitating and building mega gas stations is the direction we should go in," Glass said.

The council voted on the Gonzalez amendment first; the amendment failed 2–9. The council then adopted ZTA 25-06 as recommended by the PHP committee. The roll call was read into the record and the council president declared the ZTA approved.

The ZTA changes the technical rule for setback measurement and includes a planning‑board recommended environmental protection clause that measures the 500‑foot distance from underground storage tanks where wetlands, streams, rivers, floodplains or other environmentally sensitive areas exist. Supporters said the clarification provides predictability for developers and is necessary to permit the Viva White Oak project and associated retail anchors to proceed. Opponents said the amendment does not do enough to protect nearby residents from vehicle emissions associated with queuing.

The planning department and the planning board provided recommendations to the committee; the council adopted committee language in the final motion. The amendment record shows continuing debate over balancing environmental health concerns with local economic development and site feasibility decisions.