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PD132-AG 940614~ ~ AGENDA REQUEST FORM th ^ ;~eautif~ F~ure CITY COUNCIL MEETING: June 14, 1994 ITEM ITEM CAPTION: PUBLIC HEARING: PD-132, MacArthur Park Addition, zoning change request from C (Commercial) to PD-SF-9, (Planned Development-Single Family-9), located along the east and west side of MacArthur Boulevard and along the north side of Denton Creek, at the request of Vista Properties, nc. . CiTY TITLE: Director of Planning & Comm. Services INITIALS~ STAFF COMMENTS: Date of P&Z Meeting: May 19, 1994 Decision of P&Z Commission: Approval (5-0) with Commissioners Wheeler, Thompson, Tunnell, Redford and Hildebrand voting in favor. None opposed. Commissioner Meador was absent. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: The following conditions apply: 1. Uniform height and material of fencing on the northern property line; 2. curb lines be defined on the face of the plat; and 3. details with respect to the Hike & Bike Trail be worked out prior to Council hearing the case. BUDGET AMT.$ AMT. EST.$ +/- BUD:$ FINANCIAL CO~ENTS:~;~ FINANCIAL REVIE CITY MANAGER REVIEW: Agenda Request Form - Revised 1/94 Pul 'goklcm'od' papcr in printcr ~ ~~~~,,~ AGENDA REQUEST FORM The ~ VA'th ^ ~i~tiful F~ PUBLIC HE~N~ ~ located ~lon~ the e~st ~nd ~st side off ~ac~hur Boulevard and the north side of Denton Creek, at the request of Vista Properties, Inc. ~ SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning & Comm. Services INITIALS~ ST~F CO~E~S: Date of P&Z Meeting: May 19, 1994 Decision of P&Z Commission: ~pprova] f~-n% with Co~issioners Wheeler, Thompson, Tunnell, Re~Iord and H~ldebrand voting in favor. None opposed. Commissioner Meador was absent. STAFF RECOMMENDATION Approval X Denial EXPLANATION: h~T~h; following conditions apply: Uniform height and material of fencing on the northern property line; curb lines be defined on the face of the plat; and details with respect to the Hike & Bike Trail be worked out prior to Council hearing the case. ,,_ C-C, '- o,~',~' FINANCIAL REVIE CITY ~NAGER REVIEW ~mda R~u~t Fo~ - Rev[s~ 1/94 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE PD-132, MacArthur Park Addition P & Z HEARING DATE: May 19, 1994 (last heard by C.P.C. on March 24, 1994 as ZC-552) C. C. HEARING DATE: June 14, 1994 (last heard by C.C. on April 12, 1994) LOCATION: Located at the north side of Denton Creek, along the east and west side of MacArthur Boulevard SIZE OF AREA: Tract 1:7.759 acres, and showing 17 lots Tract 2:14.47 acres showing 35 lots--for a total of 22.22 acres of land and 52 single family lots CURRENT (C) Commercial ZONING: REQUEST: Consideration and approval of a zoning change from (C) Commercial to PD-SF-9 (Planned Dev.-Single Family 9). APPLICANT: Vista Properties Inc. Carter and Burgess (owner) (engr/planner) 5950 Berkshire Lane 7950 Elmbrook Dr. Suite 400 Suite 250 Dallas, TX 75225 Dallas, TX 75247-4951 360-1526 638-0145 HISTORY: When this parcel of land was annexed, it came into the City with an Agricultural zoning classification, until permanent zoning comparable to that granted by the disannexing entity was established, which was commercial zoning. On April 12, and after Item 5 considerable conversation regarding the preservation of trees, the need for a tree survey, the importance of employing an arborist, and the question of the zoning classification requested, Council referred the case back to Planning Commission to consider as a PD. TRANSPORTATION: The two parcels are bound by MacArthur Blvd., a primary six-lane divided (P6D) thoroughfare within a 120' r.o.w., which tapers down to a 110' r.o.w., and is built to construction standards. SURROUNDING LAND USE & ZONING: North - Vacant; (LI) and (HC) zoning South - Vacant; (A), (SF) and (C) zoning East - Vacant; (A) zoning West Vacant; (HC) zoning COMPREHENSIVE PLAN: The area north of Denton Creek was not incorporated into the Coppell City limits until 1989, after having been disannexed by the City of Lewisville, therefore, this area is not included in the comprehensive plan. ANALYSIS: The developer believes the physical characteristics of this property are best suited to a single family user. Staff, Commission, and others involved in this case generally agree that single-family use far outweighs the possible commercial development which could occur based on existing zoning. At the April 12 Council hearing a great deal of time was spent on the proper zoning for this parcel, how best to preserve the existing trees, and other details regarding the application. Council referred the case back to Commission for consideration of more restrictive zoning. That generally translates into a PD application, and the applicant has submitted the attached Planned Development. The density remains as originally submitted (52 lots), the site plan addresses several concerns regarding easement inclusion, drainage provision, and landscape elements (see attached landscape exhibit). Also included is a plan for preserving as many trees on the site as possible, and a detailed analysis and tree survey are included with the application. It can easily be seen that this developer has taken pains to preserve as many specimen trees as possible, and staff commends the work undertaken to date. For the most part, staff supports this zoning application. Of minor concern is final resolution of the location of the hike-bike trail which has been requested by the Park Board and Board staff. Because the details of the trail's location have not been formalized, resolution of that concern will be discussed at the public hearing. In sum, the applicant has addressed all issues discussed at both Planning Commission and City Council meetings. A recommendation for approval has already been obtained from Commission and staff, this re-application is more detailed than the original one, and development activity resulting from residential uses is much more sensitive to environmental issues than is commercial development. The MUD issues is behind us, the land-locked Parks of Coppell, J.V. tract has been included in this development plan, and approval is in order. ALTERNATIVES: 1) Approve the zoning change. 2) Deny the zoning change. ATTACHMENTS: 1) Zoning exhibit. 2) Landscape Concept Plan 3) Tree Survey 4) Arborist Report SHADE MASTERS, ARLINGTON, TEXAS 76094 i~. ~-~ 817-261-4233 ,i MAY i 0 1994 April 19 1994 ' ~" Mr. Skip Hynek MSH Investments, Inc. 18124 Peppy Place Dallas, Texas 75252 Dear Mr. Hynek: In accordance with your request for arboricultural consultat- ion this report presents basic tree protection guidelines and a preliminary review of indigenous trees in a pre- construction status located on two tracts of land that are planned for residential housing. Site review: April 14-15, 1994 Project: MacArthur Park MacArthur Blvd. ~ Denton Creek, Coppell, Texas Tree species: (A) dominant Red Oak (Quercus shumardii) Cottonwood (Populus deltoides) Pecan (Carya illinoensis) Bur Oak (Quercus macrocarpa) Green Ash (Fraxinus pennsylvanica) American Elm (Ulmus americana) Cedar Elm (Ulmus crassifolia) Bols d'Arc (Maclura pomifera) (B) subordinate/young Honey Locust (Gleditsia triacanthos) Mesquite (Prosopis glandulosa) Hercules-Club (Zanthoxylum clava-herculis) Hackberry/Sugarberry (Celtis laevigata) Chinaberry (Melia azedarach) Gum Bumelia (Bumelia lanuginosa) These land tracts are heavily wooded with very large trees of predominantly Oak, Ash, Elm, and Cottonwood. Many are well- formed specimens in fair to very good condition for wooded and open-wooded sites. There are the typical problems of vines, deadwood, low limbs, and, in some trees mistletoe. A very large Cottonwood located at the southern most tip of Tract Two, has sustained the removal of 99% of trunk bark by nutria or beavers. This tree is not expected to survive the summer. Page Two MSH/MacArthur Park April 19, 1994 Subordinant invader species of trees, vines and shrubs are thriving since agricultural grazing and mowing have been dis- continued, making large areas impenetrable to man or vehicle. Residential use of this land has the potential to retain a significantly greater quantity of these stately trees as assets to the community, compared with commercial development that typically requires large structures and expansive areas of parking. Large-scale tree removal would occur and massive root injury to remaining trees is probable. Perhaps the only survivors would be found at the perimeter of the property. Any development of wooded property carries a risk of damage to the root systems of trees with attendant stress, decline and tree death. Compromises in favor of trees are not always possible, acceptable nor always failsafe with regard to assuring tree survival. However, pre-construction planning, in conjunction with tree preservation guidelines, can significantly reduce soil disturbances and soil compaction that contribute to root failure and tree death. The root system is perhaps the most important structure of the tree, and the most frequently offended. Roots not only provide anchorage but large and small roots interact with the soil chemistry and microbes to obtain oxygen, nitrogen, minerals, and water. Aside from obvious root loss due to trenching and grade cuts, soil fill and soil compaction alter the drainage and oxygen-carrying capacities of soils and directly affect root survival in a less obvious manner. The critical root mass of a mature tree occupies the upper 12"-18" of most soil profiles and the root system may spread to a distance 1 to 1½ times the height of the tree. Tree species vary in sensitivity to significant changes in their root zone environments and physical loss of roots. Other vari- ables are age, health, climatic and soil moisture conditions, increased wind and sun exposure, increased reflected heat from paving and walls, restriction of surface and subsurface drainage. The tree species list on Page One, places the dominant size species in order to sensitivity to construction injury with Red Oak being the most sensitive and Bois d'Arc the most tolerant of this group. An effective land development plan to preserve large indigenous trees is a coordinated effort by a team composed of the owner/ developer, landscape architect/land planner, consulting arborist, engineering, and a soil testing laboratory. Page Three MSH/MacArthur Park April 19, 1994 Phase I has designed the street alignment to minimize the loss of large trees and Phase II will entail detailed engineering in conjunction with assessing the conditions of health and survivability of trees adjacent to grade cuts for streets and utilities. Trees that will sustain root cuts that will make them unstable and candidates for wind-throw, will be recommend- ed for removal. However, acceptable alternatives to root-damaging procedures will be explored as a team planning effort. Such options as may be considered are, but notlimited to, location and design of sidewalks, modification of curb designs and locat- ions, types of paving and required depth of the prepared sub- grade, potential for streets as drainage vehicles versus storm drains, location of buried utility easements, boring under root systems, coordinating the locations of service taps, inlets and outlets, utility pedestals, street lighting, driveway aprons, fire hydrants, and cut and fill requirements for site drainage. Options for land clearing techniques are also an integral part of site protection planning. At this stage, some land clearing will have to occur inorder to evaluate tree conditions and provide access for surveyors and, later, tree maintenance crews. Phase III finalizes the pre-construction tree health management recommemdations with implementation of pruning for road and equipment clearance, deadwood and hazard limb removal, tree fertilization, and remedial grade work to remove soil covering the root flare structures that define the natural grade of a woody plant. Additionally, determine the need for and implement installation of barrier fencing and apply woodchip mulch to protect root zones from dessication. Selected trees will require borer control sprays on a monthly basis to reduce the potential for infestation of and vascular damage by woodboring insects that are attracted to trees stress- ed from root loss and physiological drought. In summary, please refer to the Tree SurYey and Tree Sur~e~ Glossary as an example of how each tree will be reviewed in the field with appropriate recommendations. Ex]mibi~s I & II outline planning and implementation formats and general tree protection guidelines. As pre-development information is forth- coming some aspects of tree-related recommendations are subject to refinement. Page Four MSH/MacArthur Park April 19, 1994 We look forward to the opportunity to work with you on this interesting project and will be available to respond to questions and concerns that may arise in your early stages of planning. Sincerely, Consulting Arborist Shade Masters, Inc. GSR/bg EXHIBIT I PLANNING & IMPLEMENTATION PHASE I PLANNING -preliminary site/tree plan -access clearing PHASE II PLANNING -tree survey.., tag and assess tree health & conditions -determine areas for construction staging, storage, parking -review alternative construction designs/techniques -finalize engineering & trees to remove PHASE III PLANNING & PRE-CONSTRUCTION ACTION -finalize tree care recommendations/specs -bid and implement pre-construction tree health management... prune, fertilize, fencing, woodchips, selected tree removals, and borer control -establish a plan for tree watering during drought -prepare a HARDHATS FOR TREES* program for contractors, builders and homeowners -tree protection signage on-site -pre-construction meeting with city and contractors, landscape architect, developer, consulting arborist...HARDHATS FOR TREES* PHASE IV CONSTRUCTION ACTION -monitor root disturbances/repairs -monitor tree responses.., soil moisture.., site protection -arborist confers with developer/owner as required * a program designed to make contractors, builders, owners, etc. aware of the sensitivity of trees to site disturbance activities and why certain procedures have been employed; obtain their cooperation with the tree protection program EXHIBIT II TREE PROTECTION GUIDELINES-GENERAL A. determine the condition and health of a tree subject to grade cuts, fill, compaction, etc .... will it survive? B. 6' hgt. chainlink fence installed at 'the dripline perimeter (minimum)... full enclosure may not be required C. mulch should be spread under the dripline to a thickness of 3" for trees subject to soil compaction and drought D. supplemental tree watering may be required to maintain proper soil moisture conditions E. soil boring under trees versus bypass trenching, at a minimum depth of 3 feet for buried utility lines.., borer pits start at either side of the dripline F. bypass trenching minimum distance from trunk... trunk diameter 18" trench distance 14' 24" 16' 30" 18' 36" 20' 42" 22' G. large trees sustaining root loss from grade cuts or trenching within 8 feet of the trunk may be subject to wind-throw and should be viewed as a potential liability.., root loss may also impose considerable stress and decline resulting in a hazard H. pruning of trees subject to root loss may require compensating removal of live growth of approximately 10-15%... sanitation pruning to remove weak and deadwood should also be performed... provide working clearances'for construction equipment and other structures to prevent limb breakage... National Arborist Association standards shall apply, unless otherwise noted I. fertilization/soil aeration recommendations shall be determined based upon soil reports, tree species, time of year, and health of the tree(s) J. remedial grade change.., remove soil covering root flares K. borer control sprays ... apply Lindane insecticide at 21-30 day intervals during the months of March thru November SHADE MASTERS, P.O. BOX 13533 ARLINGTON, TEXAS 76094 817-261-4233 Tree Survey Glossary A Tree Survey is used in the review of trees for the determination health conditions, tree health management programs and to serve as an inventory. In conjunction with specifications this survey can be used in the procurement of bids from competent arborists. CAL ... inches of trunk diameter for transplantable trees; trees under 5" cal. are measured at 6" above grade; trees 5" and larger are measured at 12" above grade DBH ... inches of trunk diameter measured at 4½' above grade (dia- meter breast height) FEED ...soil injection under high pressure of a suspension mix of a slow-release fertilizer; soil aeration is a valued benefit of this procedure INVIGORATE ... soil injection under high pressure of a soluable quick acting but short-term macro and/or micronutirent fertilizer as a stimulant for trees under stress, soil compaction, construction damaged, or deficient in nutrients PRUNE ... indicates recommendation for removal of live growth and/or deadwood for a specific purpose, ie. sanitation, clearance of structures, structural improvement, hazard reduction, etc. GRADE ... indicates that the natural grade of the tree has been covered with soil or the tree has been planted too deeply; carefully remove soil fill to expose root flares; a tree well may result GIRD RT ... need to remove encircling root(s) at the base of tree... such a root will constrict trunk or root flare tissues and impair vascular conductivity of water & nutrients to the root system SCAR ... treat damage on trunk, root flare or limb caused by insects, disease, lightning, animals, or mechanical objects INSECT ... foliar, limb or trunk infestations that are or could be injurious DISEASE ... fungal or bacterial infections (blank space) ... field notes ~larifying recommendations REMOVE ... cut tree or shrub to grade level STUMP ... grind or cut stump to below grade level SHADE MASTERS, ,NC. CLIENT: HacArthur Park P.O. BOX 13533 ARLINGTON, TEXAS76094 TREE OWNER: MSH Investments, Inc. 817-261-4233 ADDRESS: MacArthur Blvd. ~ Denton Creek~ Coppell, Texas TREE SURVEV ... Tract IT (sample) DATE: April 1994 SITE DIAGRAM - ."~-'"V-".'~.~. / ~- · uNIVE~T I SHADE MASTERS, P.O. BOX 13533 ARLINGTON, TEXAS 76094 817-261 ~233 G. Sandy Rose, ASCA Consulting Arborist Educational Background: BS Botany/Biology, Baldwin-Wallace College, Berea, Ohio Shade Masters, Inc. - Arlington, Texas President Senior Arborist Arboriculture/Horticulture: Experiences, over 35 years, include the care and installation of shade and ornamental trees, shrubbery, turf, groundcovers, flowers, fruit and nut trees on projects dealing with parks, municipal, commercial, and residential properties. Consulting: ARBORICULTURE/URBAN PORESTRY -diagnosis of plant health disorders -tree surveys -maintenance programs -pre and post-construction tree protection programs -inspection of maintenance and tree installations -field supervision/project administration -tree species recommendations NATIVE TREE RESOURCES -inventories of indigenous shade and ornamental trees -selection for relocation transplanting -planting specifications APPRAISAL & LITIGATION -tree and landscape loss appraisals -expert witness testimony in legal proceedings PROFESSIONAL AFFILIATIONS: American Society of Consulting Arborists (ASCA) International Society of Arboriculture (ISA) Texas Chapter ISA -Charter Member -President 1981-82 National Arborist Association (past) Treescape Dallas (past) Dallas/Fort Worth Urban Forestry Council (past) Councilmember Reitman filed a Conflict of Interest with the City Secretary and abstained from discussion or voting on this item. EXECUTIVE SESSION (Closed to the Public) Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Morton convened into Executive Session at 8:44 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 8:48 p.m. and opened the Regular Session, continuing with Item 12. REGULAR SESSION (Open to the Public) Gary Sieb, Director of Planning and Community Services made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Frank Stitch, 607 Hood Drive, made a statement to the Council regarding hike and bike trails. Truman Edminster, with Carter & Burgess, 7950 Elmbrook, Dallas, addressed the Council on behalf of the Applicant. Mayor Pro Tern Robertson moved to close the Public Hearing and approve the zoning change from C (Commercial) to PD- SF-9 located along the east and west side of MacArthur Boulevard, north side of Denton Creek. Councilmember Watson seconded the motion; the motion carried 5-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, and Sheehan voting in favor of the motion. Councilmember Reitman rejoined the Council after the vote. 13. To consider approval of MacArthur Park Addition, Preliminary Plat, located along the east and west side of MacArthur Boulevard and along the north side of Denton Creek, at the request of Vista Properties, Inc. Councilmember Reitman filed a Conflict of Interest with the City Secretary and abstained from discussion or voting on this item. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Truman Edminster, with Carter & Burgess, 7950 Elmbrook, Dallas, addressed the Council on behalf of the Applicant. Dennis Winzeler with Vista Properties, 5950 Berkshire Lane, Dallas, spoke to Council regarding a bike trail on property owned by Vista Properties. Mike Whitted, 600 DeForest, expressed concern regarding some aspects of the hike and bike trail. EXECUTIVE SESSION (Closed to the Public) Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Morton convened into Executive Session at 9:12 p.m. as allowed under the above-stated article. Mayor Morton adjourned the Executive Session at 9:17 p.m. and opened the Regular Session. REGULAR SESSION (Open to the Public) At this time Council took a short break in the meeting and thereafter resumed continuing with Item 13. After lengthy discussion, Councilmember Watson moved to approve MacArthur Park Addition, CM061494 Page 5 of Council for budgeted items not to exceed the sum of fifteen thousand dollars ($15,000.00), and to approve change orders not to exceed fifteen thousand dollars ($15,000.00) without approval of the City Council; providing a repealing clause; providing a severability clause; and providing an effective date; and authorizing the Mayor to sign. Item 8 L was pulled for further consideration. Items 8 A, B, C, D, E, F, G, H, I, J, K, M, N, O and P -- Mayor Pro Tem Robertson moved to approve Items 8 A through K and M through P. Councilmember Watson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, and Sheehan voting in favor of the motion. Item 8 L -- Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Walter Finninger, representing Blockbuster Video, 3608 Cedar Lane, Farmers Branch, addressed the Council regarding the design of the sign in question. Jack Milner, pan-owner of Blockbuster Video also made a presentation to the Council. After lengthy discussion, Mayor Pro Tern Robertson moved to approve Blockbuster Video request of the sign ordinance and allow a variance of the sign to fill between the pillars on each side of the building of approximately 40 feet and to reduce the tom-ticket emblem in the center to a 50-square foot maximum. Councilmember Sheehan seconded the motion; the motion carded 5-1 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stahly, Watson, and Sheehan voting in favor of the motion, and Councilmember Reitman voting against the motion. 9. Discussion and consideration of appointing a Councilmember as Liaison to the Cable Review Board. Councilmember Watson moved to appoint Councilmember Reitman to serve on the Cable Review Board. Councilmember Stahly seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, and Sheehan voting in favor of the motion. 10. Presentation by Judge Marian Moseley on state of our Court. Judge Marian Moseley addressed the Council regarding the status of the Court activities for the past year. 11. Consideration and appointment of citizen to the Housing Task Force. Councilmember Stahly moved to appoint Chuck Sturges and Patrick Keenan to the Housing Task Force. Councilmember Reitman seconded the motion; the motion carded 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stahly, Watson, Reitman, and Sheehan voting in favor of the motion. 12. PUBLIC HEARING: To consider approval of a zoning change request from C (Commercial) to PD-SF-9, (Planned Development-Single Family-9), PD-132, MacArthur Park Addition, located along the east and west side of MacArthur Boulevard and along the north side of Denton Creek, at the request of Vista Properties, Inc. CM061494 Page 4 of TRACT 1 FIELD NOTES BEING · ?. 7 5 9acm ~'ac~ ot land Ntuatecl In the Wllam Triml~ Survey, Abstract No. 1791, Dalai Counly, Text, ~1 ~ $x)~io~ o~ ~ ~ ~'~c~ o~ ~ mm IcJc)N~on lo the Cly M Ll~Mvli, TexM. M reoon:led In C4M~l F, PIgi 271, Dlnlon (~ R.O.W.); THeE ~ ~'~'18' ~ ~.~ ~ ~ ~ ~ ~.~ ~; ~d ~ ~ 07'07'15" ~ ~1.~ ~ THE~E ~ ~ ~ ~, ~ ~ ~ ~ ~ ~18'~ W~367.0~; ' ;~ 7.759~ ~ ~, ~e ~ ~. TRACT 2 FIELD NOTES BEING · 14.477 acr~ Uacl o~ land tituatecl In ~ Wlllam Triml~e Sun~y, ~ BEGINNI~ ~ ~ ~t ~w ~ ~ 2, ~ ~ ~ ~ ~, ~ ~ ~ ~ ~ ~, T~, ~ r~ ~ F, P~ 271, (1~' R.O.W.); THENCE ~ ~'12' ~L 875.~ ~, ~ I ~ ~ ~ ~ntedi~ of ~ ~ ~'15'14' E~t, ~.01 ~; ~ 14'~'~' W~ 175~ ~; ~ 1~'!4' ~ 74.~ ~; ~. ~.57 ~ ~ r~ ~ 1~.~ ~, ~ ~ ~ ~d ~ N~ ~'51'~' THENCE ~ ~ ~, ~ ~ ~, ~ ~ ~ ~~ r~ht~f-w~ ~, ~ I ~t~ dir~, ~h I ~ a~ ~ ~' 16'15'. dista~ ~ 1~.71 ~. ~ ~ ~ o~ ~ ~; THENCE N~ ~'27' Wes~ ~ ~ ~t; THENCE ~ 01'51'~' W~t, ~1 ~ ~! to ~ ~NT ~ BEGINNING ~