Wylie P&Z recommends cigar-lounge special use permit for 308 N. Ballard with noise, hours limits

Wylie Planning and Zoning Commission on Feb. 10, 2025 voted 5-0 to recommend that City Council approve a special use permit (SUP) to allow a cigar lounge at 308 North Ballard Avenue (CC 2025 S.02). The commission’s recommendation includes limiting sales and on-site consumption to cigars only, requiring five on-site parking spaces, allowing outdoor smoking, restricting outdoor music to end by 9:00 p.m., and limiting outdoor sound to no more than 80 decibels; any new outdoor decking or structures must receive Historic Resources Commission (HRC) approval.

The recommendation follows a staff presentation by Mr. Molina explaining that the application seeks a SUP to permit a smoking establishment in the Downtown Historic District; staff noted the draft conditions require five on-site parking spaces and a cigars-only restriction. Applicant Jose Hernandez and broker Robert Alvarez described the proposal as an artisanal cigar lounge, said the business would not sell alcohol or food, and said customers would be allowed to bring their own beverages. “I’m not gonna sell nothing like the food,” Hernandez told the commission when asked about serving food on-site.

Neighbors and commissioners focused discussion on outdoor smoking, live music and impacts on nearby residences and short‑term rentals. Jona Rodriguez, who owns 310 North Ballard (the property next door), said parking, outdoor smoking and music were the house’s primary concerns and asked the commission to limit hours and noise for the protection of guests and future residents.

Commissioners and staff explained limitations of the local review process: any construction of decking or other outdoor structures would require separate HRC review because the site is inside the Downtown Historic District, and final approval of the SUP is a City Council decision. Staff said it had checked with the Texas Alcoholic Beverage Commission regarding BYOB and reported that there is no separate state permit authorizing on-premise BYOB sales; the applicant stated he would not sell alcohol.

During discussion commissioners expressed a preference for locating outdoor smoking to the rear of the property where feasible, but the commission did not make rear-only placement a condition; commissioners instead recommended that any outdoor deck or similar feature proceed through HRC review. To address noise and late-night impacts, commissioners agreed in their recommendation to limit outdoor music to end at 9:00 p.m. and to cap outdoor sound at 80 decibels (roughly comparable to curbside traffic). Several commissioners and the applicant noted typical outdoor events would be small: Hernandez and Alvarez estimated about 10–20 attendees for occasional two‑hour live‑music gatherings.

After the discussion a motion containing the conditions described above was moved and seconded; the commission voted unanimously to forward the recommendation to City Council. The recommendation package will go to the council for a final decision and any HRC-required approvals for exterior work.

The commission adjourned after approving the motion 5-0.