Pflugerville planning commission approves cigar-lounge specific use permit at 701 Pecan despite neighborhood opposition

The Pflugerville Planning and Zoning Commission voted to approve a specific use permit for a lounge at 701 Pecan Street after a public hearing in which residents near Old Town raised concerns about noise, alcohol and proximity to a Pflugerville ISD campus.

The permit was approved with staff recommendations, including a condition restricting the lounge use to the interior of the existing 3,200-square-foot structure. Kristen, a city planner presenting the case, told the commission: "The lounge use is limited to the interior of the, 3,200 square foot existing structure on-site." The motion to approve carried after a second; the record shows the motion passed with all members indicating "aye." No roll-call vote with individual counts was read into the record.

Why it matters: neighbors said the proposed lounge would sit at the gateway to downtown and immediately across the street from Pflugerville ISD’s PACE campus and adjacent to First Baptist Church Pflugerville. Speakers described repeated problems with late-night music, trash and intoxicated patrons from previous downtown establishments and said they feared the same problems could recur near homes and a school.

Residents and business owners pressed multiple points during public comment. Chris Gary, identified as pastor of administration at First Baptist Church Pflugerville, said, "Our congregation of over a thousand members are concerned about this special use permit to serve alcohol right next door to us right across the street from, Foothill ISD's PACE campus and our family neighborhood right behind that back trot up to that property." Several neighbors described noise, trash and incidents of intoxicated patrons on nearby residential property. One longtime Old Town business owner said, "We now have the 3 Legged Goat, the Whiskey Room, the Red Rooster, the Proust Ale House, the Victory Tap, Hanover, 6 existing bars plus with the cigar bar that would make 7 in a 7 block area."

Some speakers questioned the city's notice process. Becky Halvin said she believed mailed notices were not sent in compliance with the city code and asked for the hearing to be rescheduled so property owners could receive mailed notice on time.

City staff and some commissioners responded to neighborhood questions about alcohol setbacks and enforcement. A commissioner stated, "The TABC rule is moot because that rule applies to bars and restaurants. It does not apply to a cigar lounge." Planning staff explained the downtown district overlay requires a 200-foot spacing from property line to property line to single-family and similar uses, but the site measures about 90 feet to a nearby residential property line, which triggered the requirement for a specific use permit. Staff told the commission the lounge had been a prior legal nonconforming use and, because the use was deemed abandoned, it must now conform to the current unified development code and the downtown overlay.

Applicant representatives said they would comply with the interior-only condition and described efforts to limit noise and manage customers. Owner Andre Artis said of previous operations, "the DBs are at 80. I purposely make sure we run it at 75 for the respect of the residents in the back," and added that the proposed location includes on-site parking they hope will reduce neighborhood parking impacts.

The commission clarified the scope of its action: the specific use permit addresses the land-use permission under the downtown overlay and imposes conditions attached to the SUP; any building- and development-related requirements (fencing, site design, noise compliance) would be handled later through site development permits and enforced under existing city ordinances and by the police department.

The commission approved the SUP with the staff-recommended condition limiting the lounge activities to the interior of the 3,200-square-foot building. Commission discussion noted the downtown overlay change was the primary reason the use required a SUP now, and commissioners said enforcement tools such as the city’s noise ordinance and existing permitting processes would apply if neighbors later documented violations.

The applicant was directed that any future expansion of the use (for example, adding outdoor service or expanding the building) would require returning to the commission for a separate review. The commission closed the public hearing and the motion to approve carried.

Less-critical details: staff said the city’s GIS-generated mailed notice list was produced from current tax rolls and that the mailed notices at issue were dated March 28, which staff said met their standard 10-day public-notice timeline prior to the meeting. Planning staff and the applicant said additional site-level details, including any required fence or noise mitigation measures, would be addressed through the site development permit and building-permit process prior to occupancy.

Votes and formal action: the record shows the motion to approve the specific use permit for a lounge at 701 Pecan with staff conditions passed; recorded votes were read as "aye" with no opposed votes announced.