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Tomball council rezones Cherry Street lot to neighborhood retail after spice-shop proposal

Tomball City Council · September 18, 2025
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Summary

On Sept. 15, Tomball City Council approved on first reading an amendment to rezone 1710 S. Cherry St. from single-family to neighborhood retail to allow a family-owned spice shop to operate; the change passed after the council amended a motion that had sought general retail.

The Tomball City Council on Sept. 15 voted to amend and approve on first reading an ordinance changing zoning for 1710 South Cherry Street to neighborhood retail, a move intended to allow a small, locally owned spice shop to operate at the site.

Planner Craig told the council the request (zoning case Z25-10) involved roughly 0.336 acres currently zoned Single-Family 9; the applicants, Donald and Cheryl Murchison, had asked for General Retail but the Planning & Zoning Commission recommended Neighborhood Retail. Craig said staff sent notices to a 300-foot area and received two comment forms — one in favor and one opposed — and noted the city’s “20% rule,” meaning that because more than 20% of properties within 200 feet were recorded in opposition, approval for General Retail would require a supermajority vote.

The applicant’s agent, Gary Malula, described the plan as a conversion of the existing house into a boutique spice shop with no change in building footprint and characterized the business as low-intensity and community-oriented. Cheryl Murchison told the council she wants to “bring community together” and said residents would not have to “drive clear across Houston” to buy specialty spices if the shop operates locally.

Councilman Dunnegan moved to amend the motion from General Retail to Neighborhood Retail, aligning the vote with the Planning & Zoning recommendation. After the amendment was accepted, the council debated permitted uses under the less-intense district, and the amended motion carried, recorded as “Motion carries 4–0.”

Why it matters: the Neighborhood Retail designation narrows the range of uses allowed at the address compared with General Retail, limiting future higher-intensity commercial uses while allowing small retail services such as the requested spice shop.

The record shows two formal comment forms during notice and that applicants reached out to the neighboring Real Life Ministries Church to discuss concerns. The council approved the ordinance on first reading to Neighborhood Retail; additional readings or final adoption procedures were not detailed during the meeting.