Press Releases - County Council

Montgomery Council extends restrictions on location of large gas stations

For Immediate Release: Tuesday, December 1, 2015

Montgomery County Council Approves

ZTA Extending Restrictions on

Location of Large Gas Stations

New ZTA Will Prohibit Certain Stations from Being

Within 500 Feet of Designated Sensitive Areas

 

ROCKVILLE, Md., December 1, 2015—The Montgomery County Council today approved Zoning Text Amendment (ZTA) 15-07 that will increase the distance between large filling stations and sensitive land uses from the current 300 feet to 500 feet.

 

The ZTA was approved by a vote of 8-1. Councilmembers Roger Berliner, Marc Elrich, Tom Hucker, Sidney Katz, George Leventhal, Nancy Navarro, Craig Rice and Hans Riemer voted to approve the ZTA. Councilmember Nancy Floreen was opposed.

 

Councilmember Eirich was the lead sponsor of the ZTA. Councilmembers Berliner, Hucker, Katz, Navarro, Rice and Riemer were co-sponsors.

 

Currently, under standards approved by the previous Council in 2012, a large filling station that could pump more than 3.6 million gallons per year must locate at least 300 feet from the lot line of property used for a public or private school; any park or playground; a day care center; or any outdoor use categorized as a civic and institutional use or recreational and entertainment use.

 

ZTA 15-07 will increase that distance to 500 feet and also would add dwelling units and environmental attributes to the list of sensitive land uses from which a minimum distance would be required.

 

“There are many places in Montgomery County that drivers can buy gasoline, and they come in many sizes,” said Councilmember Elrich. “It is clear that breathing gas fumes and the exhaust from long lines of idling cars waiting to buy cheap gas is not a good thing for anyone. We do know that anyone forced to breathe car exhaust and gas fumes constantly because a mega-station locates near their home or where they play cannot be good for their long-term health. This ZTA guarantees mega-stations will be located a safe distance from residents, schools and places with people congregate. No community should have to be in court us against corporate legal teams for two years just to protect itself from this incompatible use.”

 

On Nov. 16, the Planning, Housing and Economic Development (PHED) Committee recommended approval of ZTA 15-07 as introduced by a 2-1 vote. Councilmembers Leventhal and Riemer recommended approval of the ZTA. Councilmember Floreen, who chairs the committee, was opposed.

 

In the opinion of the committee majority, the current buffer requirement creates an unreasonable burden on nearby residents. Large gas stations generate numerous tanker trucks (unloading fuel) and idling cars waiting to fill up. The volume and proximity of these vehicles can be both a nuisance to nearby residents and an environment threat.

 

In the opinion of Councilmember Floreen, local conditions should govern the approval or denial of large gas stations. The existing process for conditional uses accomplishes that objective without unnecessarily excluding opportunities for businesses.

 

The discussion about setbacks for large gas stations began with the desire by Costco to establish a gas station as part of its store in Wheaton. Some neighbors objected to that plan because the gas pumps would have been located near properties used by residents for recreational facilities.

 

The Costco application was denied by the Board of Appeals. The board agreed with the Hearing Examiner's conclusion that the applicant failed to meet its burden of proof that the proposed use would not be a nuisance to the community due to fumes at the proposed location and that the use would not be adverse to the health, safety or welfare of residents, visitors or workers. The finding was made after a two-year process. The applicant petitioned for a judicial review of that decision in Circuit Court.

 

There are approximately 189 filling stations in the County. Stations existing before 1958 did not require special exceptions. The 30 stations in the Cities of Rockville and Gaithersburg also did not require special exceptions. There are eight existing stations in the County that pump more than 3.6 million gallons a year.

 

Those large stations without an approved special exception, or that fail to meet the standards of the new zoning code, are non-conforming. Non-conforming uses are legal. They may continue to operate, but may not expand. If the station ceases to operate for more than six months, the operation may not resume.

 

An existing station that sought to expand so that it could pump more than 3.6 million gallons would have to meet the new setback requirements.

 

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Release ID: 15-397
Media Contact: Neil Greenberger 240-777-7939, Delphine Harriston 240-777-7931