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Ord. 509-765 03-28-05 FailedFailed 3/28/05 ORDINANCE NO. 509-765 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.6053 ACRES, BEING THE REMAINDER OF LOT 8, HICKORY PLACE SUBDIVISION, ABSTRACT 310, H.T. & B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF HUGHES RANCH ROAD (CR 403), AND EAST OF BRYAN COURT) (APPLICATION NO. 1211) FROM CLASSIFICATION ESTATE LOT SINGLE FAMILY DWELLING DISTRICT (R-E) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF AFIS AND NICHOLE OLAJUWON, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Afis and Nichole Olajuwon, owner, filed on January 11, 2005, an application for amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban Development Ordinance of the City, for approval of a change in the land use as provided for in said Section 28, said property being legally described in the original applications for amendment attached hereto and made a part hereof for all purposes as Exhibit "A"; and WHEREAS, on the 21st day of February, 2005, a Joint Public Hearing was held before the Planning and Zoning Commission and the City Council of the City of Pearland, Texas, notice being given by publication in the official newspaper of the City, the affidavit of publication being attached thereto and made a part hereof for all purposes, as Exhibit "B", said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of Ordinance No. 509; and WHEREAS, on the 17th day of March, 2005, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed amendment application by Afis and Nichole Olajuwon, owner, whereby the Commission recommended denial of the change of classification for the 1 ORDINANCE NO. 509-765 described property from its existing classification of Estate Lot Single Family Dwelling District (R-E) to Single Family Dwelling District (R-1); and WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on March 28, 2005; and WHEREAS, 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 of Afis and Nichole Olajuwon, owner, 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: I . The following described property located within the corporate City limits of the City of Pearland, Texas, and presently classified as Estate Lot Single Family Dwelling District (R-E) is hereby zoned to Single Family Dwelling District (R-1), such property being more particularly described as: 1.6053 acres, being the remainder of Lot 8, Hickory Place Subdivision, Abstract 310, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas (Generally Located on the South Side of Hughes Ranch Road (CR 403), and East of Bryan Court) IL 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 2 ORDINANCE NO. 509-765 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 and to the City Council for consideration and decision. Ill. The City Council of the City of Pearland finds and determines that the amendment adopted herein promotes the health, safety, and general welfare of the public and is a proper valid exercise of the City's police powers. 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 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. 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. VI. The City Secretary is hereby directed to cause to be prepared an amendment to the official Land Use District Map of the City, pursuant to the provisions of Section 2 of Ordinance No. 509 and consistent with the approval herein granted for the reclassification of the herein above described property. 3 ORDINANCE NO. 509-765 VII. This Ordinance shall become effective after its passage and approval on second and final reading. PASSED, APPROVED, and ADOPTED on First Reading this day of , 2005. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY PASSED, APPROVED, and ADOPTED on Second and Final Reading this day of , 2005. ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4 FROM : PHONE NO. Jan. 11 2005 03 : 54PM P2 APPLICATION FOR A CHANGE IN ZONING City of Pearland Community Development 3523 Liberty Drive (Community Center) Pearland, Texas 77581 281-652-1768 281-652-1702 fax www.cityofpearland.com Please check one: [i Change in Zoning Classification from: E Wry to: - Veda (list current zoning) (list proposed zoning) ❑ Specific Use Permit Request for : Property Information: (list proposed use) Address: 61214 Ilkuo, Oink lQ,u(4. Tax Account No. 4.101-O Subdivision:41 11 Ofj2, Lot: Block: ' Attach a copy of the metes and bounds description, survey, or legal description*" Current use of property (type of structures on property): Future/proposed use of property and reason for zone change: Cht1.l 4'P `DIIO 4 t) tli n r 1r�2�1 ,- t�,i -a1Co�, LK `F AO `UV 1.)traiii -11) '- e PROPERTY OWNER INFORMATION:� NAME FIS cult(`` le r.1 I�IL' pyt� rV I NAME ADDRESS (P iQ UV(1GYeSi �PK / ADDRESS CITY +PIMONA. STATE13, ZIP 1 tvT9-. CITY STATE ZIP PHONE( )C:FA�rJ1�� PHONE( ) FAXII ') ) "t 1` ,1 ,,, FAX( ) E-MAIL ADDRESS VI (tire /r OWt t) W� l l`—I(w�' . WW1 E-MAIL ADDRESS PETITION: As owner/agent, I hereby petition the City of Pearland for approval of the above described request as provided for by the laws of the State of Texas and ordinances of the City of Pearland. I certify to the best of my knowledge that this is a true description of the property upon which I have requested the above checked action. I understand that I am fully responsible for the correctness of the legal description given. Owner's Signature: Agent's Signature: APPLICANT INFORMATION: Date: % /l / /Of Date: OFFICE USE ONLY: FEES , / PAID: V DATE PAID: 1/0/05 RECEIVED BY: ED INCOMPL APPLICATION j NUMBER: ***APPLICATION IS CONSIDER WITHOUT A METES AND BOUNDS DESCRIPTION OR SURVEY AND THE APPLICATION FEE*** Updated 10-29-04 . ..., ,,,,,.. - ..... . .... . top nom siw. . . - iii ow IOW inIIIIIIIIIII 19 relillin 11IIIIIIIIIIII rillilini as skiiiillinis 11111101111112 R. . limillunp. out is llinillfill sinnuiris am:111111 illisillpili IBA° ell 3.II 11 fol•I I ;Iiiiimc"Mill.--misr. STERUNG DR I Inn Ill II 111111111111111111111111 _CR-403_ -- LOCATION MAP Zone Change Application No. 1211 Owner/Applicant: Afis and Nichole Olajuwon Change: RE - R1 N W�E s 0 200 400 Feet I1111 AFFIDAVIT . i a)\ OF PUBLICATION , The Pear.land Reporter News 2404 South Park Pearland, Texas 77581 a.. State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby ;certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation,in Brazoria, Harris &Galveston Counties, for / issues, as follows: No. / Date ..2- . -, 20 ' . No. Date 20 No. Date 20 No Date 20 No. Date 20 ,Subscribe and sworn to before me this day of LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 • Laura Ann Emmons, Publisher' Notary Public, State of Texas Published Feb. 2 and Feb. 9,2005 • NOTICE -OF A JOINT PUBLIC HEARING OF TI,1E CITY COUNCIL AND TILE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND,: TEXAS ZONE CHANGE APPLICATION NO.1211 Notice is hereby given that on February 21, 2005, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Peetland, in Brazoria, Harris and Fort' Bend Counties, Texas, will conduct a joint public hearing in the Cow Chambers of City Hall, 3519 Liberty Drive,Peariand, Texas, on the request:01 Afis and Nichole Olajuwon, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Estate Lot Single Family Dwelling District`(R-E) to Single Family Dwelling District (R•1), on the folow- ing described property, to wit 1.6053 acres, being the remainder of Lot 8, Hickory Place Subdivision, Abstract 310, H.T.. & B.R.R. Company Survey, City of Pearland, Brazoria County,. Texas (Generally Located on the South Side of Hughes Ranch Road (CR 403), and East of Bryan Court) At said hearing all interest- ed partie e. a eve the rightand op to appear and be heard on subject. is/Theresa Grahmann Senior Planner AFFIDAVIT OF PUBLICATION The Friendswood Reporter News P.O. Box 954 Friendswood, Texas 77546 State of Texas Galveston and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Galveston and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Galveston, Harris and Brazoria Counties, for f issues, as follows: No / Date 2 - 1 20 0 .- No Date 20 No. Date 20 No. Date 20 No. Date 20 Subscribe and sworn to before me this 20 0-5 • LAURA ANN EMMONS Notary Public, State of Texas Commission Expires 09-09-2006 day ofl- Laura nn Emmons, Publisher Notary Public, State of Texas Published Feb. 2 and Feb. 9, 2005 NOTICE OF A JOINT • PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING ANtkZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS ZONE CHANGE APPLICATION NO. 1211 Notice is hereby given that on February 21, 2005, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Half, 3519 Liberty. Drive, Pearland, Texas, on the request of Afis and Nfchole Olajuwon, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Estate Lot Single Family Dwelling District (R-E) to Single Family Dwelling LEGALS District (R•1), on the follow- ing described property, to wit: 1.6053 acres, being the remainder of Lot 8, •Hickory Place Subdivision, Abstract 310, H.T. & B.R.R. Company Survey, City of Pearland; Brazoria County, Texas (Generally Located on the South Side of Hughes Ranch Road (CR 403), and East of Bryan Court) At said hearing all interest- ed parties shall have the right and opportunityto appear and be heard an the subject. is/Theresa Grahmann Senior Planner Planning & Zoning Commission Recommendation Letter March 17, 2005 Honorable Mayor and City Council Members 3519 Liberty Drive Pearland, TX 77581 Re: Recommendation on Zone Change Application No. 1211, a request by Afis. and Nichole Olajuwon, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Estate Lot Single Family Dwelling ,District (R-E) to Single Family Dwelling District (R-1) Honorable Mayor and City Council Members: At their regular meeting of February 21, 2005, the Planning and Zoning Commission considered the request for a zone change from Estate Lot Single Family Dwelling District (R-E) to Single Family Dwelling District (R-1) on the following property: Legal Description: 1.6053 acres, being the remainder of Lot 8, Hickory Place Subdivision, Abstract 310, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas General Location: Generally Located on the South Side of Hughes Ranch Road (CR 403), and East of Bryan Court Commission Member locco made a motion to recommend approval of the zone change request, which was seconded by Commission Member Ransom. The motion to approve failed 0 — 6. Therefore, the zone change was recommended for denial by the Commission. The Commission as a whole stated that the reason for the denial is that the proposed zone change for R-1 is not consistent with the lot sizes recommended by the Comprehensive Plan. Sincerely, Planning and Zoning Commission Recommendation Letter, 03/28/05 City Council Meeting, Zone Change Application No. 1211 Page 1 of 1 my* .••tit Tr a iminnumminWal AMP' Ismatiwaiwn ar,=---iaakimem H& FORTENBERRY DAVID SANDY SOUTHDOWN COMMUNITY 1CHAVIL LUIS &' GLO NNW .1111 - CHAVIL LUIS & GLORIA B KLAPPENBACH RICHARD S Final »rr.�d1._ ■�1111 RIA B , � doer SUBJECT PROPERTY.-= Mal UMW -111111111 Mal -EMI MIN MINI :MIN milli I MUM MOM :WO 11111111111 MN imp rial nal wed° �-in i -- I,nimr BROPHY JANELL L & TROY A MORA Num nom mom moo Nom miff immonsol MIN n - I 1111111 �` aMrIIIIIIIIIMUM 111 -SULLIVAN111111111 HALLIBURTON CHRISTOPHER-H RILEY D & LAURA• CHANG BEN � -` �rSINNETTE TRACT A �,I �I all awa BOOKER BETTYE J -BRUNSON-CATHERINE' MIN BRAZORIA COUNTY MUD #5 HO JUI-LIEN CHOUMING'TAO , ■N HO JUI-LIEN CHOU & MING TAO SASSER CHARLIE' - 200',NOTIFICATION LIMITS - OWNERSHIP MAP Zone Change Application No. 1211 Owner/Applicant: Afis and Nichole Olajuwon Change: RE - R1 0 200 400 Feet fill TAX ACCOUNT 76898000001 76898003001 76898003002 76893011001 76898003003 76898003004 76893001039 76898003005 76898003006 76898003007 76898000000 03100003130 48610008000 48610008110 03100003000 48610007000 03100001120 OWNER BRAZORIA COUNTY MUD #5 SINNETTE TRACI A CHANG BEN BOOKER BETTYE J HALLIBURTON CHRISTOPHER H BROPHY JANELL L & TROY A MORAN FORTENBERRY H DAVID & SANDY SULLIVAN RILEY D & LAURA BRUNSON CATHERINE CADRIEL TONY & DANA L SOUTHDOWN COMMUNITY ASSOC AFIS AND NICHOLE OLAJUWON HO JUI-LIEN CHOU & MING TAO CHAVIL LUIS & GLORIA B MCCLURE MARK D & ARLANDRA W HO JUI-LIEN CHOU & MING TAO KLAPPENBACH RICHARD S SASSER CHARLIE ZONE CHANGE APPLICATION NO. 1211 Property Owner Notification List ADDRESS PO BOX 1368 3606 SHELDON DR 3610 SHELDON DR 3602 SHELDON DR 3614 SHELDON DR 3618 SHELDON DR 3530 SHELDON DR 3622 SHELDON DR 3626 SHELDON DR 3630 SHELDON DR 9800 CENTRE PKWY STE 625 656 WILCREST DR 3601 34TH ST 2305 STERLING DR 9324 HUGHES RANCH RD 3601 34TH ST 2253 BRYAN ST 2306 BROOKNEY ST CITY ST ZIP CODE LEGAL DESCRIPTION FRIENDSWOOD TX 77549-1368 PEARLAND TX 77584-8379 PEARLAND TX 77584-8379 PEARLAND TX 77584-8398 PEARLAND TX 77584-8379 PEARLAND TX 77584-8379 PEARLAND TX 77584-3300 PEARLAND TX 77584-8379 PEARLAND TX 77584-8379 PEARLAND TX 77584-8379 HOUSTON TX 77036-8252 HOUSTON TX 77042 LUBBOCK TX 79410-2833 PEARLAND TX 77584-8548 PEARLAND TX 77584-3234 LUBBOCK TX 79410-2833 PEARLAND TX 77584-8516 PEARLAND TX 77584-8543 SOUTHDOWN, RES B, SEC 8, A0310 H T & B, ACRES 0.2028 SOUTHDOWN, BLOCK 3, LOT 1, SEC 8, A0310 H T & B SOUTHDOWN, BLOCK 3, LOT 2, SEC 8, A0310 H T & B SOUTHDOWN S/D, BLOCK 11, LOT 1 SEC 3, A0310 H T & B SOUTHDOWN, BLOCK 3, LOT 3, SEC 8, A0310 H T & B SOUTHDOWN, BLOCK 3, LOT 4, SEC 8, A0310 H T & B SOUTHDOWN S/D, BLOCK 1, LOT 39 SEC 3, A0310 H T & B SOUTHDOWN, BLOCK 3, LOT 5, SEC 8, A0310 H T & B SOUTHDOWN, BLOCK 3, LOT 6, SEC 8, A0310 H T & B SOUTHDOWN, BLOCK 3, LOT 7, SEC 8, A0310 H T & B SOUTHDOWN, RES A, SEC 8, A0310 H T & B, ACRES 0.0703 PROPERTY OWNER A0310 H T & B R R, TRACT 41B, ACRES 2.4803 HICKORY PLACE SD (A0310 H T & B), LOT 8, ACRES 1.605 HICKORY PLACE SD (A0310 H T & B), LOT 8A, ACRES 1.00 A0310 HT&BR R, TRACT 41, ACRES 6.0677 HICKORY PLACE SD (A0310 H T & B), LOT 7, ACRES 4.214 A0310 HT&BR R, TRACT 42B, ACRES 4.688 JOINT PUBLIC HEARING AGENDA ITEM MEETING OF FEBRUARY 21, 2005 Zone Change Application No. 1211 TO: City Council Planning and Zoning Commission SUBJECT: A request by Afis and Nichole Olajuwon, owners, for an amendment to the Land Use and Urban Development Ordinance of said City from classification Estate Lot Single Family Dwelling District (R-E) to Single Family Dwelling District (R-1) LEGAL 1.6053 acres, being the remainder of Lot 8, Hickory Place DESCRIPTION: Subdivision, Abstract 310, H.T. & B.R.R. Company Survey, City of Pearland, Brazoria County, Texas GENERAL LOCATION: Generally Located on the South Side of Hughes Ranch Road (CR 403), and East of Bryan Court APPROVAL PROCESS: After this Joint Public Hearing, the requested zone change application will be considered as follows: Planning and Zoning Commission: February 21, 2005 City Council for First Reading: March 21, 2005 City Council for Second Reading: March 28, 2005 SUMMARY: The applicant is requesting a change in zoning on the subject property for single family residential uses. The subject property was rezoned from Suburban Development District (SD) to Estate Lot Single Family Dwelling District (R-E) on -November 22, 2004, by the City Council. The subject property is 1.6 acres in size, and has a lot width of 236 feet. Due to the minimum lot width for R-E, the subject property cannot be subdivided into two lots, because there is not adequate frontage for two lots. The applicant would like to request the R-1 district, in order to allow the option for them to subdivide the subject property in two Tots in the future. The subject property is currently undeveloped. With the previous R-E zoning request, the applicant indicated their intent to construct one ZCA No. 1211 Page 1 residence on the subject property. The applicant has applied for and has been issued a building permit for the construction of the one single family residence. SURROUNDING ZONING AND LAND USES: North South East West Zoning Suburban Development District (SD); City of Pearland ETJ (not in city limits) Suburban Development District (SD) Suburban Development District (SD), but proposed for Estate Lot Single Family Dwelling District (RE) Land Use Undeveloped tract; Single family residences within the Southdown residential subdivision Single family residence on a large lot Undeveloped tract Estate Lot Single Family Single family residences Dwelling District (R-E) CONFORMANCE TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE: The applicant is requesting an R-1 zoning district. The minimum lot size for the R-1 district is 8,800 square feet and the minimum lot width is 80 feet. The subject property in its present configuration meets these minimum requirements. The subject property also meets the R- E zoning district requirements, as it is currently zoned. Since the subject property is 236 feet in width, and if the proposed R-1 zoning district is approved, the applicant could not subdivide the subject property into more than two lots. Three lots would require more frontage than the existing 236 feet width. CONFORMANCE TO THE COMPREHENSIVE PLAN: The Comprehensive Plan (2004 update adopted on July 26, 2004) recommends "10,000 Square Foot Lots — Suburban Residential" -for the subject property and for the surrounding properties on Hughes Ranch Road and Bryan Court. The Comprehensive Plan further indicates that the appropriate zoning districts for "10,000 Square Foot Lots — Suburban Residential" is a new residential district with lots of 10,000 square feet in size, that is to be created as part of the Unified Development Code. Therefore, since the proposed zone change provides for lots smaller than 10,000 square feet, the proposed zone change would not conform to the Comprehensive Plan. ZCA No. 1211 Page 2 However, due to its size, the subject property could not be subdivided into more than two lots, and therefore, each lot would have a lot size greater than 10,000 square feet. CONFORMANCE TO THE THOROUGHFARE PLAN: The subject property has frontage on Hughes Ranch Road (County Road 403), a secondary thoroughfare with an ultimate right-of-way of 100 feet. A plat for the subject property has been reviewed and approved, and an adequate dedication of right-of-way for Hughes Ranch Road has been provided. No other roadways affect the subject property. IMPACT ON EXISTING AND FUTURE DEVELOPMENT: Some lots in the vicinity of the subject tract are zoned for single family residences, as R-E and R-1. The general trend along Hughes Ranch Road, Brookney-Street, and Bryan Court is towards larger single family residential lots on properties that are several acres in size. Many of the lots in the subject area are developed with single family residences, although many are still zoned as SD. Therefore, the proposed zoning for R-1 is consistent with existing development and zoning districts within the area. The tract directly to the west of the subject property is zoned R-E, and consists of two lots owned by the same party, and the existing residence on that lot has been built over the lot line, and the two lots have been combined into one. The tract directly to the east of the subject property is proposed to be zoned as R-E. One difference between the existing R-E zoning and the requested R-1 zoning is the future number of lots that can be created from the subject property. The R-E zoning would allow only one lot due to the size constraints. The R-1 zoning would allow an additional lot to be platted for the development of another single family residence. PUBLIC COMMENTS: Public notice/comment forms were mailed to property owners within 200 feet of the subject property under consideration. A legal notice of public hearing was published in the local newspaper, and a Zoning Sign was placed on the subject property. STAFF RECOMMENDATION: Staff recommends approval of the zone change for R-1, as proposed by the applicant, for the following reasons: 1. Although the requested R-1 zone change with a minimum lot size of 8,800 square feet does not conform to the Comprehensive Plan, the proposed zone change would not allow for more than two single family residential lots to be developed on ZCA No. 1211 Page 3 the subject property, and any subdivision of the subject property could provide for lots in excess of 10,000 square feet. 2. The proposed zone change is consistent with existing R-1 zoning districts within the subject areas, as well as being consistent with existing single family residential uses within the subject area. 3. The general development trend along Hughes Ranch Road, Brookney Street, and Bryan Court is towards larger single family residential lots. SUPPORTING DOCUMENTS: • Notice of Public Hearing • Zone Change Application • Location Map • PropertyOwnership Map • Property Owner Notification List • Zoning Map • Future Land Use Plan A ZCA No. 1211 Page 4 ZONING MAP Zone Change Application No. 1211 Owner/Applicant: Afis and Nichole Olajuwon Change: RE - R1 0 200 400 Feet 11 1 1 1 W+E 111111111,61111 rwirmintin "floPM 1111 nomdik FUTURE LAND USE PLAN W " E Zone Change Application No. 1211 Owner/Applicant: Afis and Nichole Olajuwon Change: RE - R1 0 200 400 Feet 11111