Information About the Proposed Costco Gas Station

Residents within 1,000 ft of the proposed gas station are encouraged to file a Party of Interest request with Office of Zoning and Administrative Hearings by filling out and sending the downloadable form. Click here to download the form.

Montgomery Sierra Club opposes Costco gas station, Nov. 2011

Wall Street Journal article on why exhaust fumes are bad for health, 11/8/11

PowerPoint presentation by Costco on 10/25/11

Costco, Westfield, and KHCA:

Where Are We? How Did We Get Here? What’s Next? - July 2011

• In early 2010, KHCA was told that there was a “done deal” for Costco to come to Westfield Wheaton and for the County to give Westfield a $4 million grant for construction costs. Costco also proposed a 16-nozzle gas station with queuing space for 64 cars within 250 feet of many nearby Kensington Heights homes and the Kenmont Swim & Tennis Club.
• Costco initially said it would not build a store without the gas station and demanded that the County pass a Zoning Text Amendment (ZTA) so that Costco could skip the Special Exception (SE) process that every other gas station in Montgomery County has had to meet.
• KHCA held a community meeting in February 2010 and, after hearing from Westfield and Costco, the members present voted that KHCA: 1) did not oppose the Costco store or the $4 million grant, 2) wanted to work with Costco on details of the store design to accommodate community concerns, but 3) strongly opposed the ZTA and proposed location for the Costco gas station. (KHCA made clear that we did not oppose the gas station if built in a different location where it would not adversely affect our homes.)
• KHCA mobilized for the County Council hearing on the ZTA in May 2010 and, after it became clear that the Council would not approve the ZTA, Costco stated that it would: 1) drop its request for a ZTA, 2) apply for a Special Exception for the gas station, and 3) build its store, with or without the gas station.
• Costco filed its SE application in November 2010, but it has not yet provided all of the required supporting documents and has twice asked the County to postpone the SE hearing from the original May 2011 date to September 2011 and then to November 2011.
• In April 2011, KHCA learned that the $4 million grant to Westfield was not a “done deal,” and that there had only been a “straw vote” on the issue in 2010. KHCA urged the Council to condition the $4 million Westfield grant on two criteria:
  1) Costco/Westfield must work with the community on the store design and operation plans, and
  2) Costco must move the proposed gas station away from the affected homes or not build the gas station at all.
• In May, the County Council said it needed to honor the “straw vote” from last year and approved the Westfield grant, but also required Costco and Westfield to meet and consult with the surrounding residential community about the design and operation of the Costco store and gas station BEFORE grant funds would be released to Westfield.
• The community meeting contemplated by the County Council hasn’t been scheduled yet, but KHCA officers are working with the County Executive and the Council to make sure the meeting happens and is a productive forum for addressing KHCA’s concerns. To that end, we have called a general meeting for July 27 at 7:30 pm at the Stephen Knolls School (east end of McComas Ave.) so members can identify the issues we want to raise in those consultations. Examples might include: location of the loading docks, pedestrian access from KH, and environmental concerns. At this meeting, we will also discuss the next steps KHCA needs to take with respect to opposing the pending SE request for the gas station at its present location.

Below is the timeline for the Special Exception application process for the proposed Costco gas station in the SW corner of Westfield Wheaton. The following information is current as of February 6, 2012.

To do NOW

Any individual or organization who might want to testify at the public hearings on this matter should register themselves as a “party of record” with the Office of Zoning and Administrative Hearings (OZAH) in Rockville; this is the office that oversees both the Hearing Examiner and the Board of Appeals. As a party of record, you will receive copies of all materials in this case. Registering as a party of record also preserves each registrant’s right to appeal to the State Court of Special Appeals if we are not successful at the Board of Appeals level.

Please donate to the KHCA Legal Defense Fund! KHCA is accepting donations to our legal fund to help pay for our lawyer and associated costs. Even $10 makes a difference! (But of course we’ll accept any amount.) Especially if your house is close to the proposed gas station site, it’s much less costly to be part of our legal team than to hire your own. And if you live elsewhere in KH or in another neighborhood, please remember that WE would support YOU if you faced a similar threat to your quality of life!

Make checks payable to “KHCA Legal Defense Fund” and send to:

KHCA Legal Defense Fund
c/o Karen Cordry
10705 Torrance Drive
Silver Spring, MD 20902

Thank you!

By approximately April 2, 2012

We need to get our data, comments, conclusions, etc. to Renee Kamen, the Planning staff person who is in charge of this Special Exception application. Material received by this date will be considered in her report-writing and will be included as appendices to her staff report. Material received after this date can still be brought before the Planning Board but would not be part of Ms. Kamen’s official report.

May 7, 2012

Ms. Kamen will issue her report, which will summarize the Special Exception request and will include a recommendation as to how the Planning Board should vote on this request. Any written information, correspondence, etc. that she receives from anyone prior to approximately April 2 will be included as an appendix to her report and will be shared with the Planning Board members.

Thursday, May 17, 2012 – Planning Bd. public hearing (in Silver Spring, at Park & Planning HQ, 8787 Georgia Ave.)

This is the date of the first public hearing, in front of the Planning Board (PB). The PB consists of four members and one Chair (Françoise Carrier); the PB receives copies of the Staff Report prior to the meeting. Here’s what happens at this hearing: Renee Kamen summarizes the Planning Staff’s recommendations and the PB asks questions. Then the Costco folks present their case and the PB asks questions. Then the community is heard – an organization is given 10 minutes, adjoining/abutting neighbors get 5 minutes, and other individuals get 3 minutes to testify. Those who testify are admonished not to repeat what other testifiers have said, so it is important to divide topics appropriately. There is no cross-examination at this public hearing, but it is possible for each side to ask key questions by request through the PB. This hearing is webcast and archived.

The PB votes their recommendation at the end of the PB hearing (an immediate decision), which vote will be one of three possibilities: to approve the Special Exception application, to approve the SE application with conditions, or to deny the SE application. A summary of the Planning Board’s recommendation will be transmitted to the Hearing Examiner on or before May 25.

We can (and should) request an evening hearing time for the PB public hearing. Everyone should plan to attend, even if you’re not testifying. In-person moral support will be crucial!

June 4, 8, 11, and 15, 2012 – Hearing Examiner hearing (in Rockville, at the Council office building, 100 Maryland Ave.)

These are the currently scheduled dates for the Hearing Examiner (HE) public hearing (could be continued to additional day(s)). The hearings begin at approximately 9:30 a.m. and last the full day, with a break for lunch (decent cafeteria is in the building). This is a quasi-judicial proceeding in which the HE is the judge. After a short introduction, the Costco lawyer will present Costco’s full case, with witnesses. Our lawyer, Michele Rosenfeld, Esq., will cross examine these witnesses; other representatives of groups (such as the Kenmont Swim & Tennis Club) also can cross examine witnesses.

The HE hearing is open to the public – PLEASE PLAN TO ATTEND; WE NEED YOUR SUPPORT! Yes, all hearing days are weekdays. If everyone in KH took just one of the four days off work to attend this hearing, we could pack the hearing room at all times!

After Costco completes presenting its case, Ms. Rosenfeld will present our case for denial of the SE application for the gas station, with witnesses. Other represented groups (e.g., Kenmont) also can present witnesses in support of their request for denial. Costco lawyers can – and will – cross examine our witnesses.

After both sides have presented their cases, the HE will leave the record open for 10 or so days to receive any extra written materials or rebuttal writings.

Within 30-45 days after the HE hearing record is closed, the HE will write his report and will transmit to the Board of Appeals his report, the Planning Board’s report, and the Planning staff report to be used as exhibits by the Board of Appeals.

Board of Appeals Hearing

The Board of Appeals (BoA) consists of five members who are appointed to their positions by the County Council. They will make the final decision about the Costco gas station Special Exception application. The BoA will set its hearing date at some time after receiving the report of the Hearing Examiner. The BoA hearing is not public, and oral argument normally is not allowed. However, it is possible for a party of record to request oral argument and, if the request is granted, the BoA hearing becomes public.

About 1 month after this hearing, the BoA writes its report, which is based on the HE report, the PB report, and the Planning staff report.

Appealing the BoA decision

Either side can appeal the BoA’s decision to the State Court of Special Appeals.

For more info:

http://www.SaveKH.org

Also, here is the Web site of our lawyer: http://michelerosenfeldllc.com/Michele_Rosenfeld__Esq_.html

Current Documents

Old Documents

Special Exception Plans (click on links): MB092038 Wheaton Mall Pedestrian Walkway Exhibit MB09203802 Costco Fuel Station SE Engineering Report MB09203802 Special Exception Plan for Costco Fuel Station Air Quality-Odor-Noise Analysis 11-08-11 Landscape Plans 11-08-11 Statement Operations 11-08-11 Needs Analysis 11-08-11 Traffic Report 11-08-11 with Appendices A - D Report Appendice A Appendice B Appendice C Appendice D

Table of Contents Costco's Needs Study Costco's Traffic Study Appendix A Appendix B Appendix C Appendix D FINAL Costco Report Aerial Photo Planting Plan

Aerial Photo of Shopping Center and KHCA neighborhood with drawing of plans.

Coming soon.

Dan Sheveiko, chair of the KHCA Costco Working Group: 
dsheveiko@gmail.com
Donna R. Savage, chair of the KHCA Land Use Committee:
LandUse@KensingtonHeightsMD.org