HomeMy WebLinkAboutOrd.2000M-287 20260928
Ordinance No. 2000M-287
An Ordinance of the City Council of the City of Pearland, Texas, amending
Ordinance No. 2000M, the zoning map of the City of Pearland, Texas, for the
purpose of changing the classification of certain property; Tract 1: Lot 1,
Block 1 of Harrell Acres, a subdivision of 1.0002 acres in Brazoria County,
Texas, according to the map or plat recorded under County Clerk's File No.
2024005826 of the Plat Records of Brazoria County, Texas. Tract 2: Lot 2,
Block 1 of Harrell Acres, a subdivision of 2.6622 acres in Brazoria County,
Texas, according to the map or plat recorded under County Clerk's File No.
2024005826 of the Plat Records of Brazoria County, Texas. Tract 3: The
West 1/2 (4.1098 acres) of Lot 13, being a portion of Johnston Subdivision, a
subdivision of the Northwest 1/4 of the Northwest 1/4 of H.T.&B. section 13,
abstract number 240, in Brazoria County, Texas, according to the plat
recorded in Volume 5, Page 303 of the Map Records of Brazoria County,
Texas (Located East of Harkey Road, South of Josephine Drive, West of
Wagon Trail, and North of Fite Road). Zone Change Application No.
ZON2026-0292, A request by Adalberto Ruiz, applicant and owner, on behalf
of George & Deborah Harrell, owners, for approval of a zone change of
approximately 7.77 acres of land, being the entirety of a 1.0002 -acre
Tract 1, a 2.6622-acre Tract 2, and a 4.1098-acre Tract 3, further
described below, from Neighborhood Service (NS) to Single-Family
Residential-1 (R-1) District; providing for an amendment of the zoning
district map; containing a savings clause, and an effective date and other
provisions related to the subject.
WHEREAS, Adalberto Ruiz, applicant and owner, on behalf of George &
Deborah Harrell, owners, for approval of a zone change of approximately 7.77 acres of
land, being the entirety of a 1.0002-acre Tract 1, a 2.6622-acre Tract 2, and a 4.1098-
acre Tract 3, further described below, from Neighborhood Service (NS) to Single -Family
Residential (R-1) District; said property being legally described in the legal description
attached hereto and made a part hereof for all purposes as Exhibit “A,” and more
graphically depicted in the vicinity map attached hereto and made a part hereof for all
purposes as Exhibit “B”; and
WHEREAS, on the 31st day of August, 2026, a public hearing was held before
the Planning and Zoning Commission of the City of Pearland, Texas, notice being given
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Ord. No. 2000M-285
by online publication on the City website, a copy of which being attached hereto and
made a part hereof for all purposes as Exhibit "C,” said call and notice being in strict
conformity with provisions of Section 1.2.2.2 of Ordinance No. 2000T; and
WHEREAS, the Planning and Zoning commission having fully heard the
testimony and argument of all interested parties, and having been fully advertised in the
premises, submitted its report and recommendation to the City Council regarding the
proposed zone change from Neighborhood Service (NS) District to the Single-Family
Residential-1 (R-1) District, said recommendation attached hereto and made a part
hereof for all purposes as Exhibit “D”; and
WHEREAS, upon receipt of the report from the Planning and Zoning
Commission, City Council considered this application and the recommendation of the
Planning and Zoning Commission at their regular meeting on the 31st day of August,
2026; and
WHEREAS, on the 14th day of September, 2026, the City Council having fully
heard the testimony and argument of all interested parties, and having been fully
advised in the premises, finds that in the case of the application for approval of the zone
change from Neighborhood Service (NS) District to the Single-Family Residential-1 (R-
1) District, presented which, in the judgment of the City Council, would justify the
approval of said application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I. The following described property located within the corporate City
Limits of the City of Pearland, Texas, and presently being zoned Neighborhood Service
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(NS), is hereby granted approval for a zone change to Single-Family Residential-1 (R-
1), in accordance with all conditions and requirements of the current Unified
Development Code and the amendments approved by the City Council; and such
property being more particularly described as:
Legal Description: Tract 1: Lot 1, Block 1 of Harrell Acres, a subdivision of
1.0002 acres in Brazoria County, Texas, according to the map or plat recorded
under County Clerk's File No. 2024005826 of the Plat Records of Brazoria
County, Texas. Tract 2: Lot 2, Block 1 of Harrell Acres, a subdivision of 2.6622
acres in Brazoria County, Texas, according to the map or plat recorded under
County Clerk's File No. 2024005826 of the Plat Records of Brazoria County,
Texas. Tract 3: The West 1/2 (4.1098 acres) of Lot 13, being a portion of
Johnston Subdivision, a subdivision of the Northwest 1/4 of the Northwest 1/4 of
H.T.&B. section 13, abstract number 240, in Brazoria County, Texas, according
to the plat recorded in Volume 5, Page 303 of the Map Records of Brazoria
County, Texas.
General Location: 2821 Harkey Road, 2829 Harkey Road, and PID 219070,
Pearland, Texas.
Section II. The City Council of the City of Pearland finds and determines that the
recitations in the preamble hereof are true and that all necessary prerequisites of law
have been accomplished and that no valid protest of the proposed change has been
made. The City Council further finds and determines that there has been compliance
with the mandates of law in the posting and presentation of this matter to the Planning
and Zoning Commission for consideration and decision.
Section III. The City Council of the City of Pearland finds and determines that
the zone change adopted herein promotes the health, safety, and general welfare of the
public and is a proper valid exercise of the City’s police powers.
Section IV. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held invalid or unconstitutional by any court of
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competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section V. All rights and remedies, which have accrued in the favor of the City
under this Ordinance and its amendments thereto, shall be and are preserved for the
benefit of the City.
Section VI. This Ordinance shall become effective after its passage and
approval on second and final reading.
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Ord. No. 2000M-285
PASSED, APPROVED, and ADOPTED on First Reading this 14th day of September
2026.
________________________
QUENTIN WILTZ
MAYOR
ATTEST:
__________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this 28th day of
September 2026.
________________________
QUENTIN WILTZ
MAYOR
ATTEST:
_____________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
_____________________________
LAWRENCE G. PROVINS
CITY ATTORNEY
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Exhibit “A”
Legal Description
Tract 1: Lot 1, Block 1 of Harrell Acres, a subdivision of 1.0002 acres in Brazoria
County, Texas, according to the map or plat recorded under County Clerk's File No.
2024005826 of the Plat Records of Brazoria County, Texas.
Tract 2: Lot 2, Block 1 of Harrell Acres, a subdivision of 2.6622 acres in Brazoria
County, Texas, according to the map or plat recorded under County Clerk's File No.
2024005826 of the Plat Records of Brazoria County, Texas.
Tract 3: The West 1/2 (4.1098 acres) of Lot 13, being a portion of Johnston
Subdivision, a subdivision of the Northwest 1/4 of the Northwest 1/4 of H.T.&B. section
13, abstract number 240, in Brazoria County, Texas, according to the plat recorded in
Volume 5, Page 303 of the Map Records of Brazoria County, Texas.
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Exhibit “B”
Vicinity Map
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Exhibit “C”
Legal Advertisement
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Exhibit “D”
Planning and Zoning Commission Recommendation Letter
Recommendation Letter
September 1, 2026
Honorable Mayor and City Council Members
3519 Liberty Drive
Re: Recommendation on Zone Change Application No. ZON2026-0292
Honorable Mayor and City Council Members:
At their regular meeting on August 31, 2026, the Planning and Zoning Commission considered
the following request:
Public Hearing: A request by Adalberto Ruiz, applicant, on behalf of George & Deborah
Harrell, owners, for approval of a zone change of approximately 7.77 acres of land, being the
entirety of a 1.0002-acre Tract 1, a 2.6622-acre Tract 2, and a 4.1098-acre Tract 3, further
described below, from Neighborhood Service (NS) to Single-Family Residential (R-1) District, to
wit:
Legal Description: Tract 1: Lot 1, Block 1 of Harrell Acres, a subdivision of 1.0002 acres in
Brazoria County, Texas, according to the map or plat recorded under County Clerk's File No.
2024005826 of the Plat Records of Brazoria County, Texas. Tract 2: Lot 2, Block 1 of Harrell
Acres, a subdivision of 2.6622 acres in Brazoria County, Texas, according to the map or plat
recorded under County Clerk's File No. 2024005826 of the Plat Records of Brazoria County,
Texas. Tract 3: The West 1/2 (4.1098 acres) of Lot 13, being a portion of Johnston Subdivision,
a subdivision of the Northwest 1/4 of the Northwest 1/4 of H.T.&B. section 13, abstract number
240, in Brazoria County, Texas, according to the plat recorded in Volume 5, Page 303 of the
Map Records of Brazoria County, Texas.
Location: 2821 Harkey Road, 2829 Harkey Road, and PID 219070, Pearland, Texas.
The Planning and Zoning Commission conducted a public hearing for the proposed zone
change request at their regular meeting on August 31, 2026. The applicant was in attendance,
gave a presentation, and was available for questions. There were no speakers on item.
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The Commission discussed the land use compatibility of the surrounding area and evaluated
the potential impacts the proposed zone change could have on adjacent properties.
Commissioners noted that because the site was previously used for residential purposes as an
existing non-conformity, the neighboring churches on either side already have the required
Adjacent to Residential Use buffers established in place. Discussion also focused on potential
setback impacts to the Neighborhood Service (NS) tracts situated to the east, with
Commissioner Comeaux sharing that this area should be comprehensively reviewed when the
City updates its Comprehensive Plan.
After discussion, the Commission took a motion to approve the item which was successful with
a vote of 7-0.
The vote by the Commission constitutes a positive recommendation for approval by City
Council.
Sincerely,
Katya Copeland, AICP
Assistant Director of Planning, Community Development
On behalf of the Planning and Zoning Commission
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