I have always avoided shopping at Westfield Shoppingtown at Christmas time because the design of the entrances and exits to the mall were poorly designed to handle the Christmas deluge of shoppers. If the Costco gas station ends up in the mall I can't even begin to imagine the backups on Veirs Mill and University Blvd. In the event the Costco gas pumps go up I'll avoid the mall year round. Roz Becker

So, what we have here is that Ike Leggett's attorneys have come up with a document that supports his politically based position. This is not surprising. In fact, that's their job! The attorneys would probably be fired if their advice deviated from Leggett's desired conclusion. But, of course, it's not the end of the story. The County Council can also read the law, and decide whether this proposed ZTA will comply. They have lawyers too! To me, the fact that the ZTA would apply to the first proposed mega-gas-station does not render it unconstitutional. Otherwise, you would have to pass laws in anticipation of new scenarios, rather than in response to them. If a company proposes a project that presents a health hazard a local government would violate the 14th Amendment by subsequently passing a law to curb the hazard, under this approach. This is a flawed conclusion that Leggett's attorneys have reached.

What a ridiculous conclusion this attorney reaches! Because the ZTA would only apply to one present proposal, it's unlawful? Everyone in this process has expressed concerns that the trend towards mega gas stations is rising and heading for Montgomery County. Safeway has big gas stations. WaWa does. They're popping up all over the place! This ZTA is meant to keep them from coming into the County. The fact that the ZTA is being considered in response to the first proposal does not mean that it wouldn't prevent other future proposals. The legal analysis is abrupt and shoddy.

Kensington Heights Civic Association provided the County Council with a 2-page letter today explaining what a bunch of non-sense this "legal opinion" really is. A copy was provided to the Patch and I hope that it is posted soon.

The most ironic part about the opinion is that the County Executive proposed actual spot zoning in ZTA 10-04 -- it would have only benefited the Westfied Wheaton mall property and would have permitted Costco to build the mega gas station without going through the Special Exception process. Apparently, spot zoning is ok for big business, but generally applicable zoning to protect community health and welfare is a bad thing in the County Executive's eyes.

It's amazing that Leggett had no problem requesting a zoning change to allow the Costco gas station by-right on "regional malls" two years ago (ZTA 10-04), but now considers this new legislation illegal. ZTA 12-07 does not ban these mega-gas stations and would not ban a Costco gas station on Wheaton Mall. What it will do, if passed, is guide where these mega-gas stations can be placed with the least amount of potential harm to the public. I hope the County Council passes ZTA 12-07.

I agree with the previous commenters that the word "Determined" in the headline is far too strong. The document is an opinion of the county attorney and the chief of the division of zoning, not a court decision.

As the state MDE notes- The main problem here is that regulations have not caught up with a growing body of research and monster business plans. The research on the risks of exposure to the particulates in car exhaust for damage to brain, heart, lungs , blood vessels is piling up. the state MDE said among other things “the more distance that can be placed between a source and residences and community gathering places is certainly beneficial to minimizing risk.” Because no business has proposed to site a mega gas station close to a residential community before, as the state MDE notes,there are no relevant regulations although clearly there need to be. It is a loophole Costco is planning on driving many fueling trucks through, while people suffer.

It’s hypocritical for the County Attorney to advise the County Executive’s Office that Zoning Text Amendment 12-07 is illegal because it deprives Costco of its right to build a mega-gas station next to a community pool, special needs school and residences. Two years ago the County Executive’s Office was only too willing to waive the required Special Exception process for the very same Costco gas station. That waiver would have deprived county citizens of their legal rights.
ZTA 12-07 is related to the furtherance of a legitimate government objective, namely protecting the health and welfare of all Montgomery County residents from mega-gas stations. The Montgomery County Executive and Council have already supported the Costco store by allocating $4 million of taxpayer funds to this development. Now it’s time for County officials to support guidelines for mega-gas stations that will protect the well being of county residents. Today it’s Wheaton/Kensington Heights - whose health and neighborhood will be threatened next?

I still think the gas station should be moved to accomodate legitimate concerns raised by neighbors preferably to Veirs Mill and University.

Not only does the zoning amendment violate Article 24 of the Maryland Declaration of Rights and the 14th Amendment of the U.S. Constitution by unfairly targeting the Costco gas station, but it also sends the wrong message to companies who want to do business in Montgomery County.

This legislation clearly targets Costco’s proposed use without clearly showing adverse affects on the surrounding neighborhood nor contain any scientific basis or support.

The Council needs to step back and recognize the negative message ZTA 12-07 is sending to our business community. It is my hope that the County Council will continue to work hard to maintain the highest standard of ethics and develop close partnerships with current and future businesses. The county and business must share a common goal of driving revenue and growth in county.

If the Council adopts ZTA 12-07, I will continue to drive to the Costco in Beltsville (a 7.7 mile distance) and will continue to spend my money in a more business friendly jurisdiction.

For these reasons, I urge the County Council to vote "no" on amendment ZTA 12-07.

The association is right: Emissions from idling vehicles are a health hazard. So, here are a couple of proposals:

Costco should prohibit idling in all its gas station lines nationwide. Drivers should take a number and wait to fill up. Think of the tons of emissions NOT released into the environment.

Secondly, the civic association and swim club should require less-harmful lawn care practices. Tests conducted by Edmunds (http://www.edmunds.com/about/press/leaf-blowers-emissions-dirtier-than-high-performance-pick-up-trucks-says-edmunds-insidelinecom.html) "found that a Ryobi 4-stroke leaf blower kicked out almost seven times more oxides of nitrogen (NOx) and 13.5 times more carbon monoxide (CO) than the Raptor.... An Echo 2-stroke leaf blower ... generat[ed] 23 times CO and nearly 300 times more non-methane hydrocarbons (NMHC) than the Raptor.

"The hydrocarbon emissions from a half-hour of yard work with the two-stroke leaf blower are about the same as a 3,900-mile drive from Texas to Alaska in a Raptor," said Jason Kavanagh, Engineering Editor at Edmunds.com.

I have tried repeatedly to get Councilmember Elrich's attention on this issue, but he has not responded to my emails. Emissions from all sources are harmful: Leaf blowers, for example, emit formaldehyde, acetaldehyde, benzene and 1,3-butadiene -- all suspected carcinogens, and all emitted in much closer proximity to the yards (and lungs) of residents of Kensington Heights.

I'm for Costco putting a gas station near my home in Wheaton

Anyone complaining about the proposed Costco gas station in Wheaton needs to look at the impact of the gas station Costco runs in College Park.

1) Gas is up to 30 cents a gallon cheaper, not only at Costco, but at all the nearby gas stations that have to compete with Costco (the "Costco effect" on gas prices is well known in College ParK). Everyone in the Wheaton-Kensington-Glenmont area will save 5-10% (sometimes more) on gasoline.

2) About 2 cars a minute fill up during peak hours. This is less than 2% of the traffic flow on Georgia Avenue (100-200 cars per minute). There will be no significant impact on traffic in the Wheaton area.

3) The traffic at the gas pumps in College Park never spills over onto the street, it is always contained on the Costco property. There is basically no impact on the surrounding neighborhood.

4) The proposed gas station is not convenient from the Beltway (people will not drive all the way up Georgia to get cheap gas, they may fight the traffic once then decide it is not worth it). Plus Costco stations are for members only. The majority of
customers at the gas station will be local residents.

5) As a former College Park resident (and current Wheaton resident) I can tell you the Costco gas station will be a huge benefit to the community.