Wylie council approves special-use permit for cigar lounge at 308 North Ballard

The Wylie City Council on March 11 approved a special-use permit to allow a cigar lounge at 308 North Ballard Avenue, the council voted 5-1.

The permit, for a 0.23-acre property in the Downtown Historic District, allows hand-rolled cigars only (no other tobacco products) and permits outdoor entertainment on Fridays and Saturdays that must stop at 9 p.m. The council approved the Planning & Zoning Commission’s 5-0 recommendation and added no additional conditions at the March 11 meeting. Councilman Scott Williams voted against the measure; Mayor Pro Tem Jeff Forester was absent.

City planner Robert Haskins told the council the special-use-permit application restricts on-site sales and enjoyment to cigars only. “This is a request for a special use permit … require that this will only be for cigars,” Haskins said. The applicant, Jose Hernandez, said the business would not sell alcohol or food and that he would sell his own, hand-rolled cigars. “We’re not gonna sell alcohol … just cigars,” Hernandez said.

Why it matters: The approval allows a new downtown business and limited weekend outdoor entertainment in a compact downtown setting, prompting debate about noise, air quality and how the city will enforce conditions in a tight commercial-residential mix.

Key facts and council discussion - Location and request: 308 North Ballard Avenue; zoning case 2025-02; change from Downtown Historic District (DTH) to Downtown District with a special-use permit (DTH SUP) to allow a cigar lounge on 0.23 acres. Haskins said the P&Z commission recommended approval, 5-0. - Use limits: Permit limited to cigars (manufacture, sale and on-site enjoyment). Applicant and staff said no alcohol or food sales would be offered at that location. - Outdoor entertainment: Applicant requested outdoor live entertainment on Fridays and Saturdays, to end by 9 p.m.; council confirmed the SUP limits those nights and hours. - Air quality and safety: Council members asked about air-filtration plans and building-code requirements. Haskins said building and fire code requirements would be enforced at certificate-of-occupancy review. - Notifications and public comment: The city mailed 14 property-owner notices; staff reported one response in favor and two opposed within the notification area and additional favorable emails received outside the formal notification area. Jana Rodriguez, who said she owns the neighboring property at 310 North Ballard and operates it as an Airbnb, spoke in support: “We are the Airbnb owner … we are in support of the cigar shop.” - Noise concerns: Councilman Scott Williams pressed staff and the applicant on an 80-decibel limit included in packet materials and on how frequently outdoor music would be permitted. Williams said 80 dB at the property line could be high for a compact downtown block and suggested a lower threshold (he mentioned 69 dB as a rule-of-thumb). Other council members noted existing downtown events that can be louder and warned against a fragmented approach where only one business is held to limits different from city events. One council member suggested removing a specific decibel figure and relying on disturbing-the-peace enforcement if complaints arise.

Council action and next steps Councilman Gino Malicci moved to approve the item as presented; Councilman Strang seconded. The motion passed 5-1 (Williams opposed); Mayor Pro Tem Jeff Forester was absent. The SUP will be recorded with the zoning case; any exterior alterations in the historic downtown will still require review by the Historic Review Commission before construction or permanent exterior work.

The applicant and staff said they intend to include air-filtration systems in the building and to use fans or other circulation methods for the outdoor area. Haskins noted that any required building-code measures must be met before a certificate of occupancy is issued.