The Montgomery County Council unanimously voted Tuesday to tighten gas station zoning restrictions, effectively blocking Costco’s highly disputed plans to build a station in Wheaton — at least for now.
The decision bans large gas stations from locating within 300 feet of public or private spaces like schools and playgrounds. That means the warehouse retailer won’t be allowed to build a large gas station near a community swimming pool and tennis court. The store, under construction at the Westfield Wheaton Mall, is still expected to open in October.
“Our current plan does not comply with the zoning text amendment as approved today,” said Erich Brann, Costco’s director of real estate development. “We are going to be looking at our plans closely and are hopeful that we can make it work. We will need to resubmit our application for a special exception to move forward.”
County Executive Ike Leggett previously pushed through a $4 million subsidy to convince the retail giant to open a store in Montgomery County.
Before Tuesday’s vote, council members were adamant the legislation was not trying to block Costco specifically. Rather, several members said the ban was to protect neighborhoods from large stations that are becoming more common and may pose health risks.
“We’ve got data that shows there’s an increase risk of cancer from exposure to benzene and other things [at these stations],” Councilman Marc Elrich said before the vote. “I don’t know how many cases of cancer are going to be caused. I don’t need to find out how many are going to be caused. I don’t need to use a neighborhood as a guinea pig and discover later on down the road this was not a particularly bright idea for us to have done.”
The original zoning amendment attempted to ban gas stations that sell more than 3.6 million gallons of gasoline a year within 1,000 feet of homes and public spaces. But Elrich proposed shortening the distance to 300 feet as a compromise to help it pass.
“The goal would have been better achieved with a 1,000-foot buffer,” said Councilwoman Valerie Ervin, who co-sponsored the amendment. “But … it’s legislation and it requires the majority of the council to sign off. … But it seems to me the community still comes out ahead.”
Leggett commended the compromise but said he’s not sure how valid the health concerns are.
“[Elrich is] making an assumption that there has been a demonstrated health assessment made that it is in some way contrary to people’s health,” Leggett said. “But if it was clear, I think I would have very well supported it. But that’s not clear.”
Instead, Leggett argued the council should stay out of the issue. He said Costco should go through the typical government channels to assess the risks and decide whether it’s OK to build.
Kenmont Swim & Tennis Club, which operates the nearby pool and tennis courts, declined to comment.
