Tomball council amends rezoning to multifamily for assisted-living proposal after neighborhood opposition

TOMBALL, Texas — The Tomball City Council voted to change the zoning of a 7.06-acre site from agricultural to multifamily during its April 7 meeting after neighbors and the applicant debated whether the site should be designated general retail to accommodate an assisted-living facility.

The change came after public comment from Cherry Pines-area residents and a presentation by the applicant, who said the proposed assisted-living use aligns with the city’s future land-use plan. Andrea Amin, the applicant, told the council the proposed facility “would feel residential, not … like a warehouse or industrial area,” and said the use would be consistent with neighborhood character.

Why it matters: A land-use decision that converts agricultural land to a zoning district that permits institutional residential uses affects future development options and neighborhood appearance. Neighbors said they worried a broad general-retail designation could allow retail uses they oppose if the assisted-living project did not proceed.

Council and staff details: Planning staff reported the property is currently zoned agricultural and that the applicant originally applied for general retail; the application description said an assisted-living facility was planned. Staff explained that general retail would permit the proposed assisted-living use without a conditional-use permit but that other districts—multifamily, office or neighborhood retail—could also allow the use under different permit requirements. Staff also said multifamily has a minimum-lot-size standard that would prevent an apartment complex on the site because multifamily minimums require 10 acres; the parcel is 7.06 acres.

Neighbors argued in public comment that they had only recently learned of the proposal and that a retail designation worries them because it could later allow a different, more intensive commercial use adjacent to their homes. John Kelly, president of the Cherry Pines Homeowners Association, asked council to “please vote against it” and deny any change that would increase impacts on adjacent single-family lots.

Applicant response and seller comments: Andrea Amin told the council she had aligned the application with the city’s future zoning plan and said the facility would be designed to preserve a residential feel. Jacqueline Marshall, the property owner, told council she supported a rezone that would allow the project to proceed and said she preferred a designation that would permit the assisted-living use without restarting the approval process.

Council action: After discussion and an amendment, a council member moved to change the zoning from agricultural to multifamily. The motion was seconded and carried; the council chair announced “Motion carried unanimously.” The amended motion replaces the original request for general retail.

What’s next: Staff said that if the council had selected a zoning category requiring a conditional-use permit (such as office or neighborhood retail), the applicant would have to restart the public-notice and review process and could face several months’ delay. Council members cited the site’s limited acreage, adjacent drainage and surrounding uses in concluding that multifamily was an acceptable district for allowing the proposed assisted-living use without immediate restart of the approval process.

Ending: The council action amends the zoning designation on second reading; staff will record the ordinance change and proceed with administrative site-plan review and permitting under the multifamily district standards.