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Council hears testimony on measuring setbacks and nonconforming status for fuel stations (ZTA 25-06)
Summary
Public hearing on ZTA 25-06 focused on how the 500-foot separation from sensitive uses is measured and whether underground storage tanks should be included; developers and community groups gave opposing views.
The Montgomery County Council held a public hearing on Zoning Text Amendment 25-06, which would clarify how a 500-foot separation from "sensitive areas" is measured for vehicle service and filling stations and would change how nonconforming status applies when adjacent uses change.
Supporters including Dan Wilhelm, president of the Greater Coolidge Hill Citizens Association, told the council the amendment "doesn't change the 500, just says how it's measured," and recommended measuring separation from locations where fuel spills would reasonably occur — at pumps or nearby ground storage. "Note the 500 feet," Wilhelm said. "It sounds like short, but it's really like a half a mile, so it's not a small number."
The Montgomery County Planning Board, represented by Chair Artie Harris in earlier remarks, recommended adding underground storage tanks to the setback requirement because of environmental concerns tied to tanks and dispensers. Developers, including Drew Gorman of MCB (the Viva White Oak developer), said the ZTA does not relax location restrictions but provides objective certainty for planning and financing; Gorman said clarifying measurement and nonconforming status is "important to ensure that the balance of the Viva White Oak project can develop around the fuel facility" without creating zoning complications.
Other commenters urged the council to oppose the ZTA. A longtime community advocate, who identified himself as Mr. Shavica, called the proposal "hostile not just to the science and to public health policy" and urged an unfavorable recommendation and withdrawal of the bill. The public hearing record closed without a council vote; the Planning, Housing, and Parks Committee work session on ZTA 25-06 was scheduled for 06/23/2025.
Speakers discussed three discrete components: how to measure the 500-foot separation, whether storage tanks should be included in the calculation, and a nonconforming-use rule to prevent fuel stations from becoming nonconforming when adjacent sensitive uses locate later. The planning board and community groups asked for added environmental safeguards; developers asked for objective standards to enable investment and leasing confidence.
