More News

Opposition from residents has all but derailed a zoning-text amendment that would have expedited plans to bring a Costco to Westfield Wheaton Shopping Center, even as mall officials attempt to address the possible environmental impacts of the 16-pump gas station that would accompany the warehouse store.

Most of the 25 speakers at Thursday's public hearing before the Montgomery County Council opposed the amendment, which would allow gas stations in regional shopping malls. The amendment, proposed by County Executive Isiah Leggett (D), would allow Costco to forgo the special-exception process now used for gas stations in commercial zones — a lengthy process that might cause the county to lose the Costco deal. The county plans to vote on the zoning-text amendment this summer.

The Montgomery County Planning Board unanimously rejected the zoning-text amendment earlier this month.

On Thursday, residents who live within a quarter-mile of the proposed gas station applauded testimony against the zoning amendment, which they say will affect the air and water quality in their neighborhood. Under the amendment, those environmental impacts "and their relationship to the neighboring residential communities would go unexamined," according to a council staff memo.

"Families would have to choose between outdoor activities or doing all of these outdoor activities when cars and fuel trucks idle and give off fumes," said John Seabreeze, president of the board of directors for the nearby Kensington Swim and Tennis Club neighborhood. Within a few hundred yards of the proposed station, there is a pool, tennis court, basketball courts, a school for students with special needs and several residences.

By forgoing the special-exception process, Costco, Westfield and Leggett have tried to bully residents, they said, and many spent Thursday pleading with the council to stick up for them.

"If we don't have leverage as a community and a county to negotiate with two large, multi-national corporations, we have nothing," said Mark Meszaros, who lives near the proposed station. "...These companies are beholden to shareholders first and us, county consumers, second."

Many residents do support bringing Costco to Wheaton, and a majority of council members are on-record supporting the proposed $4 million county subsidy that would help do just that. But all slammed Costco and county officials for circumventing the public process.

"We are being jammed into a false situation that there isn't enough time to go into a special-exception process," said Councilman Marc Elrich (D-at large) of Takoma Park, who noted negotiations between Costco and Westfield began in August. "Their lawyers know the law; as soon as they did the deal with Costco, they could have filed for special exception and could be near the end of the process," which usually takes about a year.

But both Costco and Leggett were waiting to see if the council supported the $4 million subsidy to help build the $60 million store before it would pursue a special-exception for a gas station, said Steve Silverman, the director of the county's Department of Economic Development. If a zoning-text amendment is passed, Silverman said Leggett will "provide the same type of community protection that any community would get through a special exception."

As part of those efforts, Westfield officials have proposed changes to the zoning-text amendment that they say will address many neighborhood impacts. Those changes include a 175-foot setback between the gas station and nearest residential property, closing the station between 10 p.m. and 6 a.m. and a 6-foot-tall landscape buffer that would limit visibility of the station from nearby residences.

"Westfield doesn't believe a special exception is required for a regional shopping center but wants to address the concerns of surrounding properties," Devin Dooley, a Chevy Chase-based attorney representing Westfield, testified Thursday.

Costco would be brought in as an anchor tenant at Westfield, filling a 232,000-square-foot storefront that has been vacant for four years. Costco officials have said they would not bring a store to Wheaton if it was not accompanied by a gas station.

Bringing in Costco would "enhance the economic future of both regional shopping centers by enabling us to attract tenants," Jim Agliata, Westfield Wheaton's vice president of development, testified Thursday. "Owners are looking to non-traditional tenants to balance centers."

Westfield officials declined further comment after the hearing.

Some residents, too, supported the gas station. The Wheaton Urban District Advisory Committee supported the zoning text amendment, citing the 275 jobs and 200 more temporary construction jobs the store could bring. Janet Yu, owner of the Hollywood East restaurant that recently relocated to Westfield, touted Costco's ability to bring new customers to nearby local businesses.

"The opening of the business will make Wheaton a destination rather than a pass-through," Yu said.

The Mid-County Citizens Advisory Board opposed the zoning text amendment but supported a gas station if approved through the full special exception process.

But Elrich and several residents claimed Costco only wanted to avoid a special-exception process so it also could avoid the more strenuous vetting of the gas station, which ultimately wouldn't be approved. A special exception requires an applicant to prove that there is a need for a gas station at the location, and with several stations nearby, Costco wouldn't be able to do that, residents said.

"Some of us know it will never make it through the special exception," said Donna R. Savage, interim president of the Kensington Heights Citizens Association, the closest neighborhood to the proposed gas station. "... We will see how badly they want to come here."