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Residents oppose commercial rezoning at Huff Smith & Cherry; council rejects applicant's request
Summary
Council denied a request to rezone roughly 1.5 acres at Huff Smith Road and North Cherry Street after neighbors raised traffic, safety and land-use compatibility concerns; the applicant asked for commercial zoning, residents feared a possible gas station, and the measure failed unanimously.
TOMBALL, Texas ' The Tomball City Council on Feb. 16 declined a request to rezone about 1.5 acres at the southwest corner of Huff Smith Road and North Cherry Street from multifamily (MF-2) to commercial (zoning case Z26-01), following a public hearing in which neighbors expressed strong opposition.
Applicant Kyle Burch, the property owner, told council he sought commercial zoning because he believes the site's intersection location limits residential feasibility. "All I'm doing is seeking to have this rezoned, conducive with the other properties in the area," Burch said.
But nearby residents and several written comments opposed the change. Bruce Morris, who shares a fence line with the parcel, asked council to preserve the residential designation: "That property is just too close to Tomball Terrace to give it commercial status," he said. Others cited existing traffic congestion, Little League fields and school bus routes nearby and warned that commercial zoning could allow 24-hour operations or uses incompatible with an adjacent neighborhood.
Planning staff noted the property's future land-use designation is medium-density residential and Planning & Zoning recommended denial in a 4-0 vote. Council members and residents repeatedly raised the possibility that a convenience store or fuel station could locate there if the property were rezoned; applicant and some supporters said no specific commercial user had yet been confirmed.
After the public hearing and council discussion, the motion to adopt the ordinance to rezone the property failed by council vote (clerk recorded: "Motion fails 5 0"). The applicant retains the right to pursue rezoning in future applications, but the council's decision maintains the existing MF-2 designation.
Speakers and evidence
- Kyle Burch, applicant/property owner (first on record: SEG 3640) - Bruce Morris, resident (first on record: SEG 3771) - Dave Teghmeier, resident (first on record: SEG 3826) - Stacy Kisa Horace, property owner at 307 West Huff Smith (first on record: SEG 3775)
Authorities and procedural notes
- Planning & Zoning Commission recommended denial (4-0) - Future land use designation: Medium Density Residential (staff note)
Impact and next steps
The council's decision preserves the parcel's multifamily/residential designation for now. If the applicant chooses to pursue commercial zoning again, the city will require a new rezoning application, public notices and hearings; any future commercial proposal would be subject to the city's zoning code and possible conditions to address traffic and safety concerns.
