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Council adopts ZTA 25‑06 to clarify setback measurement for large filling stations after debate
Summary
The council approved Zoning Text Amendment 25‑06 to clarify how the 500‑foot setback for large filling stations is measured; an amendment to measure from property boundary failed 2‑9 after debate about neighborhood health impacts and project certainty for an incoming White Oak development.
The Montgomery County Council voted on Sept. 9 to adopt Zoning Text Amendment 25‑06, which clarifies measurement standards for the county’s 500‑foot setback applicable to larger filling stations. The PHP committee had recommended approval with amendments including an environmental clarifier measuring 500 feet from underground storage tanks relative to sensitive areas.
Councilmember Fontaine Gonzalez moved an amendment to measure the 500‑foot setback from the property boundary (intended to address queuing and pollution impacts), but the amendment failed on the floor by a 2‑9 vote. Supporters of the PHP recommendation said measuring from pump locations and the committee’s environmental clarification balanced predictability for applicants with environmental protections; proponents also argued the clarification was necessary to allow the Viva White Oak project to move forward with a planned fueling facility and associated retail.
Councilmember comments showed the split: some members stressed environmental and public‑health concerns tied to vehicle queuing and urged boundary‑based measurement; others emphasized consistent standards across uses, project certainty for major developments in East County and job/economic benefits tied to large retail anchors.
After debate, the council adopted ZTA 25‑06 as amended in committee. A roll‑call vote was recorded; the measure passed with a majority of votes in favor and recorded “no” votes from several council members who raised environmental or policy concerns during the discussion.
The adoption resolves an ambiguity in current practice and provides clearer measurement rules for filling stations that dispense at least 3.6 million gallons per year and for environmental setbacks tied to underground storage tanks.
