Pflugerville council approves East Pecan cigar lounge specific-use permit over neighborhood objections

The Pflugerville City Council approved a first-reading ordinance to allow a cigar lounge to operate at 701 West Pecan Street, limiting the use to the building’s existing 3,200 square feet and to interior activity only.

Staff presented the request during the council’s public hearing for Item 6A, saying the property sits within the downtown district overlay and that the downtown overlay makes a lounge a specific-use permit inside the 200-foot proximity threshold established in 2020. Emily, a city planning staff member, told council the planning commission had unanimously recommended approval and that staff found the proposal “harmonious and compatible” if limited to the existing structure.

Neighbors and community members urged the council to deny the permit. Mary Heath, an Old Town resident, told the council, “It is about the ethics at large here,” and said the property is across the street from Pace High School and next to First Baptist Church. Chris Gary, pastor of administration and children at First Baptist Church, said the church had negotiated a special warranty deed at sale that “was added to prevent the sale of alcohol or adult entertainment business in this particular location.” Vicky Fuller, who represented the church, told council: “For clarification, it does say the subject property shall not be used as a bar, liquor store, nightclub, or adult bookstore.”

Representatives of the lounge and supporters said the business is a cigar lounge, not a nightclub, and emphasized a record of compliance at the lounge’s current location. Sid Johnson, who identified himself as affiliated with East Pecan, said, “We’ve never had a noise problem.” Other patrons and neighborhood supporters described the lounge’s clientele as older professionals, not patrons likely to produce the problems neighbors described. Owners and representatives said the new site is larger than their current location, that no outdoor patio is proposed, and that they planned interior hours of noon–10 p.m. Monday–Thursday, noon–midnight Friday–Saturday, and 2–10 p.m. Sunday.

Council members asked staff and the applicants about parking, wastewater connections and notice to neighbors. Staff said the building will need to proceed through site development and building-permit steps that will address landscape buffers, parking and wastewater; staff said the property currently has septic and that a wastewater connection is being worked out. Applicant representatives said the existing site plan includes roughly 30 parking spaces and a tentative occupancy of about 100 people; they also said they were unaware of the church’s special warranty deed until that evening.

Council members heard repeated requests from neighbors that the city enforce any deed restrictions and from the church that the location is incompatible with a school and church nearby. City staff responded that a deed recorded between private parties is a private contractual matter and not a city-enforceable zoning prohibition; staff said any deed dispute would be a civil matter between the property owner and the party to the deed.

After public comment and council discussion, a motion and second were made to approve the ordinance on first reading with the condition that the lounge use be limited to the existing 3,200-square-foot interior and that no outdoor patio or seating be allowed. The motion carried.

Why it matters: The decision allows a business selling cigars and limited alcohol in a downtown location across from a school and adjacent to a church, prompting debate about private deed restrictions, land-use compatibility and city authority to limit or condition uses in a downtown overlay. The council’s approval imposes conditions intended to limit noise and outdoor activity, but neighbors said they plan to pursue private legal options based on the special warranty deed.

What’s next: Because the council approved first reading, the item will return for second reading and final action per city ordinance and the city’s code of procedures. The site will also need a site-development permit and building permits before a certificate of occupancy is issued.