Item # 4&5 - 6309 Broadway

1. CITY OF ALAMO HEIGHTS
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM
TO: Mayor and City Council Members
FROM: Lety Hernandez, Director of Community Development
SUBJECT: Case No. 429
Public hearing, consideration, and action regarding a request of Rosanna Ruiz,
applicant, for a Specific Use Permit (SUP) to allow for a cigar and cigarillo shop,
whose primary product is intended for individuals twenty-one (21) years of age or
older, as defined in Section 3-2 of the City’s Zoning Code under Stores Other
Than Listed, at 6309 Broadway St on property zoned Business District (B-1).
DATE: February 27, 2023
SUMMARY
The applicant has requested a Specific Use Permit (SUP) to authorize the retail use of a lease
space for a cigar and cigarillo shop.
BACKGROUND INFORMATION
The property is zoned B-1 and located on the west side of Broadway St between Alta Ave and
Inslee Ave.

2. POLICY ANALYSIS
Sec. 3-2 – Definitions
Stores other than listed. Retail establishments whose products are not listed or permitted in the
B1, B2, and B3 zoning districts or whose primary product is intended for individuals twenty-
one (21) years of age or older including, but not limited to, humidors, general tobacco shops or
vaping stores, head shops, hookah lounges, flea markets, secondhand or thrift stores, the
display and sale of new or used automobiles, heavy machinery, building materials, used
appliances, used furniture or salvage materials; adult dress, toy, or novelty shops, and
excluding the sale or offering for sale of commodities displayed outside of a building.
Sec. 3-8 – Use of Land and Buildings
Use of permitted establishments set out in this chapter in the B-1, B-2, and B-3. Permitted
institutions shall mean the institutions categorized as special uses in the table of land uses in
section 3-8 of the Zoning Code.
Sec. 3-69 – Required Off-street Parking
In the O-1 and B District, off-street parking shall hereafter be provided on each lot or tract upon
which a building is erected or upon a contiguous lot or tract, and no building or structure or part
thereof, shall be hereafter erected, altered, converted or enlarged for any permitted use in the
district in which it is located unless off-street parking facilities are provided in accordance with
the section.
Sec. 3-84(2). - Special parking regulations.
A parking space shall be defined as an all-weather-surfaced area not located in any public rights-
of-way, together with an all-weather-surfaced driveway connecting the area with a street or alley
and permitting free ingress and egress thereto. All-weather-surfaces includes asphalt, concrete,
flagstone, brick pavers, concrete pavers and similar materials. Any parking adjacent to a public
street wherein the maneuvering is done on the public street shall not be classified as off-street
parking in computing the parking area requirements for any use. Approval of a ratio of compact
spaces to be provided in lieu of standard spaces.
STAFF FINDINGS
The permitted uses table places cigar shops into a the “Stores Other Than Listed” category and
only allows this type of use to be located in a B-1, B-2, or B-3 zoning district through an
approved Specific Use Permit (SUP). The proposed land use would be located in an existing
shopping center that is an estimated 5,852sq ft; however, the proposed use would be limited only
to the 168sq ft lease space.
The proposed use would be considered retail use under the current parking regulations and
requires a parking ratio of one (1) space per each 300sq ft of gross floor area. As a change in the
retail use is not proposed, and no modifications are proposed to the building, no additional
parking spaces would be required.
As part of the presentation, staff recommended adding a provision to the ordinance that would
revoke the SUP should the business cease to operate. This would require further review of any
similar land use by the Planning & Zoning Commission and ultimate approval by City Council.

3. The Planning & Zoning Commission considered the request at their February 06, 2023 meeting
and recommended approval of the SUP as presented.
FISCAL IMPACT
No projected fiscal impact from this project has been calculated.
ATTACHMENTS
Attachment A – Web Packet
Attachment B – Response Cards
__________________________
Lety Hernandez
Director
__________________________
Buddy Kuhn
City Manager

4. CITY OF ALAMO HEIGHTS
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
6116 BROADWAY
SAN ANTONIO, TX 78209
210-826-0516
Planning & Zoning Commission Meeting
Monday, February 06, 2023 – 5:30 P.M.
Take notice that a regular Planning & Zoning Commission Meeting of the City of Alamo Heights will be
held on Monday, February 06, 2023 at 5:30pm in the City Council Chamber, located at 6116 Broadway,
San Antonio, Texas, 78209, to consider and act upon any lawful subjects which may come before it.
INSTRUCTIONS FOR TELECONFERENCE: Members of the public may also participate via
audio by dialing 1-346-248-7799 and entering Meeting ID 89047228116. If you would like to speak
on a particular item, when the item is considered, press *9 to “raise your hand”. Citizens will have
three (3) minutes to share their comments. The meeting will be recorded.
The City cannot guarantee participation by phone due to unforeseen technical difficulties or
provide prior notice if they occur; therefore, the City urges your in-person attendance if you
require participation.
Case No. 429 – Public hearing, consideration, and action will take place on Monday, February 06, 2023
at 5:30pm regarding a request of Rosanna Ruiz, applicant, for a Specific Use Permit (SUP) to allow for a
cigar and cigarillo shop, whose primary product is intended for individuals twenty-one (21) years of age
or older, as defined in Section 3-2 of the City’s Zoning Code under Stores Other Than Listed, at 6309
Broadway on property zoned Business District (B-1).
The City Council of the City of Alamo Heights will conduct a public hearing on Monday, February 27,
2023 at 5:30pm relating to the recommendations of the Planning and Zoning Commission regarding the
same issues.
Attachment A

5. PROJECT PROPOSAL
Cigars 09 - A small business selling cigars & cigarillos.
6309 BROADWAY ST, 78209
Our goal is to provide quality cigars and cigarillos with
convenience and care to the community.
210-789-2712
aiwcompany09@gmail.com
DBA Cigars 09
Antiques in Wonderland Company
Attachment A

6. ABOUT US
OUR VALUES
Cigars 09 is a DBA for Antiques in Wonderland - a small corporation formed
in 2012. We began as a small business retailer selling antiques, collectibles,
and vintage items. We moved our business to 6309 Broadway and began a
process to becoming cigar distributors and mobile retailers. A few sales
alongside other ventures sustained our company through the years, all the
while continuing our location at 6309 Broadway.
In 2019 we acquired residency in Alamo Heights. Now as residents and
business owners in Alamo Heights, we seek to provide a quality service and
product to our cigar-appreciating community.
We are a community-first business.
We value the prominence and prestige of our Alamo Heights
community and seek to provide a quality-add product and service.
We carry a distinct selection of cigars and provide extra care to our
small collection to give age and consistency.
We are a 21 and up business persistent with safety and clear about
health risks to customers upon sale.
We operate in a small space to serve the 21 and up community in a
convenient locale.
Attachment A

7. OUR COMMITTMENTS
PROVIDE QUALITY CARE FOR OUR CUSTOMERS
SELL CIGARS & CIGARILLOS ONLY
STAY SMALL AND CONVENIENT
While other cigar retailers use a walk-in humidor, we maintain our
cigars in smaller humidors to ensure all cigars are well-humidified and
aged in close proximity to other quality cigars. Our humidors are
seasoned daily and cigars are kept with a customer-first touch.
Our focus is cigars and cigarillos. These are staples of the tobacco
industry and the only tobacco product we sell. We handpick only
the best cigar makers and tobacco blends to bring our customers
a beyond-boutique selection of cigars and cigarillos. Absolutely
no pipes, no vapes, no smoking devices, no cigarettes, and no
loose tobacco will be sold here.
At 168 square feet and
right off Broadway,
we are designed for a
short visit and a
convenient stop. We
are not a lounge and
look forward to
frequent visits from
community members
and valued customers.
Attachment A

8. 6309 Broadway, 78209
Location on Broadway, between Alta Ave & Inslee Ave
Entrance faces
Broadway Street.
6309 Broadway is
168 square feet.
Remainder
of Building
= 5,684
sq ft
Images from Google Maps. ( n.d.). [ 6309 Broadway, 78209]. Retrieved Oct. 10, 2022, from
https://www.google.com/maps/place/6309+Broadway,+San+Antonio,+TX+78209
Attachment A

9. Available parking
6309 Broadway, 78209
Parking is available
in the front, side,
and back of the
building. Customers
can also park on the
street next to the
lot on Inslee Ave.
Available parking is
highlighted in
yellow.
Images from Google Maps. ( n.d.). [ 6309 Broadway, 78209]. Retrieved Oct. 10, 2022, from
https://www.google.com/maps/place/6309+Broadway,+San+Antonio,+TX+78209
Attachment A

10. 6309 Broadway, 78209
Signage
Images from Google Maps. ( n.d.). [ 6309 Broadway, 78209]. Retrieved Oct. 10, 2022, from
https://www.google.com/maps/place/6309+Broadway,+San+Antonio,+TX+78209
Attachment A

11. 6309 Broadway, 78209
Trash is collected behind the building, located on the side of Alta
Ave. It is picked up by at regularly scheduled time for a
commercial location on the West Side of Broadway.
Trash is collected for the businesses located in this
building. The trashcans are located behind a fence
so as to remain unsightly.
No construction or alterations will be done to the
building structure, elevations, nor to the landscape
surrounding the location.
Images from Google Maps. ( n.d.). [ 6309 Broadway, 78209]. Retrieved Oct. 10, 2022, from
https://www.google.com/maps/place/6309+Broadway,+San+Antonio,+TX+78209
Attachment A

12. 6309 BROADWAY ST
Thank you for your consideration.
Attachment A

13. Attachment B