Wingstop’s Fast Food Exception Takes a Half Step Forward

Wingstop’s Fast Food Exception Takes a Half Step Forward

by Larry Janezich

Posted May 8, 2026

ANC6B Planning and Zoning Committee met Thursday night on Winstop’s Fast Food Exception. Committee Chair Vince Marino is at upper right. Holland Knight attorney Leila Jackson Batties is at lower left.

Wingstop’s Fast Food Exemption Takes a Half Step Forward

by Larry Janezich

Posted May 8, 2026

ANC6B’s Planning and Zoning meeting Thursday night turned contentious even though Douglas Development has agreed in principle to neighbors’ demands that Wingstop install a Pollution Control Unit (PCU) to mitigate odor pollution from their chicken fryers at its proposed Barracks Row fast food carryout.

Near the end of the meeting, Committee chair Vince Marino summarized the situation as follows:  “We clearly have a situation where … there are some people who whose (position) is getting confirmation about things like the PCU that are mentioned in their current (proposed) Memorandum of Understanding – we definitely have some citizens that would like to add additional (requirements) to the Memorandum of Understanding… – we definitely have some people who would prefer to this ANC take a strict protest position on this.”  The latter group have gathered 300 signatures to petition the ANC to oppose a Settlement Agreement or to oppose supporting any more exceptions for fast food on Barracks Row. 

Earlier on Thursday, Douglas Development – through their Holland and Knight attorneys – submitted to the ANC a Memorandum of Understanding (MOU) committing the developer to address issues raised by neighbors negotiating restrictions on the restaurant’s operation to be detailed in an enforceable Settlement Agreement between the Wingstop and the ANC.  Included in the MOU is language committing building owner Douglas Development to install a PCU as part of the exhaust system. 

In the most contentious part of the meeting, neighbors opposed to another fast food restaurant on the block clashed with the lead Holland and Knight Attorney Leila Jackson Batties over how the opposition of some of the neighbors had been characterized.   In addition, some neighbors involved in negotiating the Settlement Agreement were insistent on seeing documentation on PCU specs and plans for installation which must be submitted to the Department of Buildings before the ANC votes on the exception.  These neighbors felt the developer had negotiated in bad faith earlier in the process. 

The Batties said she is 95% sure that two remaining issues involving water pressure and a structural issue can be resolved by their engineers in time for the meeting of the full meeting of ANC6B next week.  But after some commissioners pushed to support neighbors seeking to review documentation, she agreed to postpone further consideration until the next committee meeting on June 4^th.  The attorney added, that if the engineers say it can’t be done, “we will not be seeking the ANC’s support.”  This does not mean that the developer would abandon the plan to get an exception.  It likely means that the developer would pursue the application for a special exception in spite of a vote of the ANC to protest the application for the exception.

Chair Marino said as much in his summary of where things stand:  “It sounds to me like if what they get back from engineers is something saying that (installation of the PCU is not feasible they understand that it’s very unlikely that they’d be able to get this ANC to vote in favor of anything and so then most likely we would have a protest situation in front of us – but that’s happened before.”  Marino added, “I always take the position that there’s room for agreement on these sorts of things.  So that’s what I’m going to be continuing to work towards as we move towards the date of the June meeting…..”

The issue may be discussed at next Tuesday’s full ANC6B meeting, particularly if opponents of the exception show up and use time for public comment for that purpose.  As it currently stands the request for an exception will return to the agenda of the Planning and Zoning Committee on June 4^th for further consideration.  At that time, it should be clear whether the committee will recommend that the full ANC support the application for an exception or protest the application.  In the latter case, the ANC would lawyer up and prepare to litigate the application at a Board of Zoning Adjustment hearing which would be scheduled later in the summer.