HUTTO — City Council members faced off on what constitutes government overreach versus protection of residents in a pair of October meetings. The source of the flare-up was a special use permit for a restaurant near Emory Farms which has generated concern from nearby residents.
Development Services Director Ashley Bailey presented the SUP for a drivethrough on behalf of El Pollo Rico, a charcoal-grilled chicken restaurant which creates smoke — and a lot of it, according to Mayor Mike Snyder. He said the Round Rock location produces clouds of smoke all day long.
“My argument was that we need to be protecting our homeowners from development issues as much as possible,” Snyder said. “As long as the City Council fails to enact any protections on our homeowners, we are going to continue to have issues at the detriment of those we are elected to represent.”
The smokehouse restaurant is proposed to be built at 901 Ed Schmidt Blvd., which is approximately 100 feet from some of the homes in Emory Farms. The city requires an approved SUP for the drivethrough operation, but not for the restaurant itself. The restaurant still could operate in that location if the SUP was denied, but without the ability to have a drive-through the company might have decided to build in a different location.
Council members acknowledged there was a concern from homeowners that their backyards would be filled with smoke and the smell of chicken “inundating their homes,” but were reluctant to act on residents’ apprehensions.
“I know that a lot of residents have concerns about the smoke with this,” said Council Member Amberley Kolar. “I have concerns about businesses wanting to come into our community and our community not giving them a chance. The possibility of the government saying no to someone that’s willing to come serve our residents, I just don’t think that’s a good look for the city or the City Council.”
Guillermo Caldillo with Jamison Civil Engineering, representing the restaurant owner, said that in light of the city’s concerns, the business was willing to install a device called a grease trapper that could reduce smoke by up to 95%. He also said the Hutto location was expected to do only about half the business of the Round Rock location.
“With it not producing as much business, therefore not as much smoke, and with the (grease trapper), we expect to reduce smoke and for it not to be a major concern to the residential areas behind the development,” Caldillo said.
While council members seemed appreciative of the offer, they declined to make it a requirement for approving the SUP even though Caldillo said the company was willing to go forward with the smoke reduction if it were added to the SUP requirements.
Mayor Pro Tem Peter Gordon said he was against setting a precedent for telling businesses how they can run.
“This is ideally how governments and businesses work together. We work together to put together a plan that fits everyone and put it to action,” Gordon said.
He stated that he trusted the company would put in the smoke reducer even without it being required.
Sparks also flew on social media, with both Snyder and Gordon taking to Facebook to support their statements.
“I strongly believe in treating all businesses fairly and in creating a level playing field among the various entities that are seeking to build in Hutto,” Gordon posted. “In my opinion, threatening denial of a drive-through in order to get an unrelated requirement added to the project is government overreach.”
The majority of council sided with Gordon, voting 5-2 to approve the SUP without requiring smoke reduction. Council member Dan Thornton and the mayor voted against approval.
“I think government should stay out of business, but I think that’s where SUPs do come in, is that we’re able to use these as an example not to be overbearing but to take a few things like this and make a change,” Snyder said. “The idea here is to let a successful business work, but not at the detriment of the people who live within 100 feet of it.”
A Round Rock El Pollo Rico shrouded in smoke. Mayor Mike Snyder says he drives past this restaurant often and it is always smoky. Photo by Mike Snyder
