480-468CITY OF SOUTHLAKE, TEXAS n y- kr,
ORDINANCE NO.480-468 V � a i y .
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS
OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY
DESCRIBED AS LOTS 1R1, IR2, 2R1, 2R2, J. CHILDRESS NO.253 ADDITION, A
PORTION OF LOTS 3 & 4, J. CHILDRESS NO.253 ADDITION, A PORTION OF
TRACT 1F, AND TRACTS 2A, & 2B, SITUATED IN THE J. CHILDRESS
SURVEY, ABSTRACT NO. 253, BEING APPROXIMATELY 44 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT, "RE" SINGLE FAMILY RESIDENTIAL ESTATE
DISTRICT, AND "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R-PUD"
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF-20A"
SINGLE FAMILY RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE
APPROVED DEVELOPMENT PLAN, INCLUDING PUD DEVELOPMENT
STANDARDS, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
"B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS
ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to
adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures
and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the
purpose of promoting the public health, safety, morals and general welfare, all in accordance with a
comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned "AG" Agricultural District, "RE"
Single Family Residential Estate District, and "SF-1A" Single Family Residential District under the City's
Page 1
Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a person or
corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,
lighting and types of signs and relation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in
the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things
the character of the districts and their peculiar suitability for particular uses and the view to conserve the value
of the buildings, and encourage the most appropriate use of the land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly requires the
amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original investment was
Page 2
made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning
lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health
and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue
concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity
and need for the changes in zoning and has also found and determined that there has been a change in the
conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a
change since the tract or tracts of land were originally classified and therefore feels that the respective changes
in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of
the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety
and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas,
passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the
permitted uses in the hereinafter described areas be altered, changed and amended as shown and described
below:
Being Lots 1R1,1R2, 2R1, 2R2, J. Childress No. 253 Addition and a portion of Lots 3 & 4, J.
Childress No. 253 Addition, an addition to the City of Southlake, according to the plats
recorded in Cabinet `A', Slide 10267 and Cabinet `A', Slide 5226, Plat Records, Tarrant
County, Texas; Tracts 2A, & 2B and a portion of Tract 1 F, situated in the J. Childress Survey,
Abstract No. 253, being approximately 44 acres, and more fully and completely described in
Exhibit "A" from "AG" Agricultural District, "RE" Single Family Residential Estate District,
and "SF -IA" Single Family Residential District to "R-PUD" Residential Planned Unit
Page 3
Development District with "SF-20A" Single Family Residential District uses as depicted on
the approved Development Plan, including PUD development standards, attached hereto and
incorporated herein as Exhibit `B", and subject to the following specific conditions:
1) Approving the development regulation that the minimum front yard of a lot shall not be less
than forty (40) feet with a 25% reduction allowed for tree preservation;
2) Approving the development regulation that the minimum side yard of a lot shall not be less
than ten percent (10%) of the lot width or ten (10) feet, whichever is greater;
3) Approving the development regulation that the minimum side yard of a lot adjacent to a street
shall not be less than twenty (20) feet;
4) Approving the development regulation that each lot shall have a minimum width of one
hundred (100) feet, except that lots on a cul-de-sac shall have a minimum width of seventy-
five (75) feet;
5) Approving the development regulation that the minimum rear yard of a lot shall not be less
than thirty (30) feet, except for specific lots shall be required a rear yard ranging from forty
(40) feet to sixty (60) feet (Refer to letter dated October 31, 2005);
6) Approving the development regulation that each lot shall have a minimum lot depth of one
hundred fifteen (115) feet;
7) Approving the development regulation that the main residence shall contain a minimum four
thousand (4,000) square feet of floor area;
8) Approving the development regulation that Section 8.01E of the Subdivision Ordinance No.
483, as amended, regarding lot width along the rear property line of certain lots shall not apply
to property within this Residential Planned Unit Development;
9) Approving the development regulation that Section 8.01 G of the Subdivision Ordinance No.
483, as amended, regarding buffer lots adjacent to certain lots shall not apply to property
within this Residential Planned Unit Development;
10) Granting a waiver of the 10' Type `B' bufferyard along the future FM 1938 portion of Randol
Mill Ave;
11) Granting a variance to the public street right of way width and pavement width allowing a
forty-five (45) foot right-of-way width with a twenty-five (25) foot pavement width except that
cul-de-sacs shall be allowed a twenty-one (21) foot pavement width;
12) Requiring the developer to explore the option of a horizontal boring on the eastern side of the
development for the purpose of tree preservation;
13) Recommending the city consider a three-way stop sign at the intersection of Morgan Road and
Randol Mill Avenue;
Page 4
14) Asking the developer to consider the advantages of a berm on the south side of the property;
15) Requiring an architectural stone wall feature in the drainage area on the southeast corner of the
property;
16) Requiring a tree survey on the southeast detention buffer area indicating what trees will remain
and what trees will be cut down;
17) Subject to the applicant's letter dated October 31, 2005;
18) Further identifying the pedestrian way will be a sidewalk with connectivity to the Cross
Timber Hills subdivision;
19) Requiring the concrete in the detention area waterpipe area to be stained to a natural color;
allowing the cul-de-sac parking plan #2 presented tonight with a grass-crete material;
20) Subject to Mr. Mattews' Powerpoint presentation;
21) Subject to Mr. Zollars' Powerpoint presentation;
22) Stipulating that approval is subject to the Land Use Plan because it allows for a cluster option
and the preservation of trees as well as the creation of additional amenities;
23) Accepting Mr. Zollars commitment to provide plans and, after development is completed, will
certify the numbers meet the current water flow and rate calculations as originally believed and
including run-off calculations relating to irrigation in the developed area after development is
completed;
24) Subject to the applicant's commitment to create and retain a 20' access easement to the
property immediately south of the entrance as presented;
25) Subject to the following comments from Development Plan Review Summary No. 3, dated
July 27, 2005:
a) Label the land use map designation ("L.U.D.= ") on all adjacent properties;
b) Correct the gross and net density calculations. Staff calculated the gross density as
0.91 dwelling units per acre and the net density as 1.05 dwelling units per acre;
c) Correct the number of common area lots and the area calculations;
d) Correct the name of the street to Randol Mill Avenue along the north portion of the
site;
e) Verify the 75' lot width at the front building line for Lot 16, Block 2;
Page 5
f) Extend the 20' U.E., D.E., and pedestrian access easement between Lots 24 & 25
across open space lot 11X.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subject to
all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,
phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby
ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and
air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial
needs and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use
of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas,
Page 6
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where
provisions of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity
of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,
the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described
herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or
who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute
a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at
the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its
caption and penalty together with a notice setting out the time and place for a public hearing thereon at least
fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition
of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage
Page 7
of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as required by
law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 1st day of November, 2005.
MAYOR
ATTEST:
CITY SECRETARY alll
• •• M
✓0✓ � T N O`,O6
'//j/®COIBBB`l'
PASSED AND APPROVED on the 2nd reading the 15th day of November, 2005.
MAYOR
ATTEST:
1 I •
SECRETA Y
• •
•
•
6 •• C12 '
•
rY�I ®•'®yy01.88®oe• \\\4�
Page 8
APPROVED AS TO FORM AND LEGALITY:
ATTORNEY
DATE: 2-7-
ADOPTED: I I- Irj- pb
EFFECTIVE: 11-IS-Cb
Page 9
EXHIBIT "A"
Being Lots 1R1, 1R2, 2R1, 2R2, J. Childress No. 253 Addition and a portion of Lots 3 & 4, J. Childress No.
253 Addition, an addition to the City of Southlake, according to the plats recorded in Cabinet `A', Slide 10267
and Cabinet `A', Slide 5226, Plat Records, Tarrant County, Texas; Tracts 2A, & 2B and a portion of Tract 1 F,
situated in the J. Childress Survey, Abstract No. 253, being approximately 44 acres.
LAND DESCRIPTION
Being a tract of land situated in the John Childress Survey, Abstract No 253, City of Southlake, Tarrant
County, Texas and being all of Lots 1RI, IR2, 2RI and 2R2, of the J. Childress No, 253 Addition, an
addition to the City of Southlake, Texas, as recorded in Cabinet A, Slide 10267 of the Plat Records of
Tarrant County, Texas (P R.T.C.T.) and a portion of Lots 3 and 4 of the J. Childress No.. 253 Addition,
an addition to the City of Southlake, Texas, as recorded in Cabinet A, Slide 5226 of the P R.T C T, and
also being comprised of the following 5 tracts; 1) a portion of that tract of land as described in
instrument to Four Peaks --RM, Inc., as recorded under instrument No. D205178060 of the Deed
Records of Tarrant County Texas (D.R.T. C.T.), 2) all of that tract of land as described in instrument to
1998 Russell L. Bates III. Grantor Retained Annuity Trust as recorded in Volume 13986, Page 96 of the
D R.T.C.T., 3) all of that tract of land as described in instrument to Jo Ellen Chariton Revocable Living
Trust as recorded in Volume 14345, Page 398 of the D.R..T CT, 4) all of that tract of land as described
in instrument to Maxine V. Beam as recorded in Volume 4560, Page 782 of the D R.T.C.T and 5) a
portion of that tract of land as described in instrument to Doris J Downard as recorded in Volume
3283, Page 160 of the D.R. T C_T., and being more particularly described as follows;
BEGINNING at the intersection of the west right-of-way line of BUtmore Drive (variable width right-
of-way) as dedicated by said J. Childress No. 253 Addition (Cab A, Slide 10267) with the south right-
of-way line of Randol Mill Avenue (50 foot right-of-way),
THENCE, along the southerly right-of-way tine of said Randol Mill Avenue and a northerly line of a 5
foot fight -of -way dedication for Randol Mill Avenue as dedicated by said plat of the J. Childress No
253 Addition (Cab A, Slide 10267), North 88 degrees 14 minutes 31 seconds East, a distance of
213.87 feet to the northeast corner of aforesaid right-of-way dedication;
THENCE, departing the northerly line of said 5 foot right-of-way dedication for Randol Mill Avenue,
South 30 degrees 27 minutes 44 seconds East, along the easterly line of aforesaid right-of-way
dedication and along the easterly line of said Lot 1RI, a distance of 140 70 feet to the northwest corner
of said Lot 4,
THENCE, along the west line of said Lot 4, South 01 degrees 20 minutes 03 seconds East, a distance
of 442 08 to a point for a corner;
THENCE, departing the west line of said I,ot 4, South 88 degrees 06 minutes 15 seconds East, a
distance of'330 43 to a point on the east line of said Jo Ellen Charlton Revocable Living Trust tract;
THENCE, along the westerly line of said Jo Ellen Charlton Revocable Living Trust tract, North 01
degrees 57 minutes 39 seconds East, a distance of 132 49 feet to the beginning of a curve to the right
having a central angle of 34 degrees .32 minutes 42 seconds, a radius of 172.50 feet and being subtended
by a 102.44 foot chord which bears North 19 degrees I4 minutes 00 seconds East;
THENCE, departing the westerly line of said Jo Ellen Charlton Revocable Living Trust tract, and along
said curve to the right an arc distance of 104 00 feet to a point for a corner,
7 11 U "— I ri ;3
Case No. Attachment G
ZA05-103 Page 10
THENCE, North 26 degrees 35 minutes 50 seconds West, a distance of 158.47 feet to a point on the
westerly line of said Jo Ellen Charlton Revocable Living Trust tract
THENCE, along the westerly line of said Jo Ellen Charlton Revocable Living Trust tract, the following
courses:
North 83 degrees 19 minutes 31 seconds West, a distance of 179.51 feet to a point for a corner;
North 42 degrees 33 minutes 51 seconds West, a distance of 249.74 feet to a point on the
southerly right-of-way line of Randol Mill Avenue;
THENCE, along the southerly right-of-way of Randol Mill Avenue, and along the northerly lines of
said Jo Ellen Charlton Revocable Living Trust tract, the following courses:
South 87 degrees 31 minutes 26 seconds East, a distance of 29.81 feet to a point for a corner;
North 04 degrees 24 minutes 51 seconds West, a distance of 10.00 feet to a point for a comer, --
Departing the southerly line of Randol Mill Avenue, South 88 degrees 24 minutes 01 seconds
East, a distance of 670.59 feet to the northeast corner of said Jo Ellen Charlton Revocable
Living Trust tract,
THENCE, along the easterly he of said Jo Ellen Charlton Revocable Living Trust tract, South 00
degrees 22 minutes 21 seconds West, a distance of 626.05 feet to the northeast comer of said Lot 4;
THENCE, along the easterly line of said Lot 4, South 00 degrees 35 minutes 01 seconds 'shiest, a
distance of 31.7 44 feet to the southeast corner of Lot 4 and the northeast corner of said Maxine V.
Beam tract;
THENCE, along the easterly lines of said Maxine V.. Beam, and Doris J Downard tracts South 00
degrees 05 minutes 48 seconds East, a distance of 660.26 feet to the southeast corner of said Doris J..
Downard tract;
THENCE, along the southerly line of said Doris J. Downard tract (Volume 3283, Page 160), South 89
degrees 54 minutes 12 seconds West, a distance of 1563.16 feet to the southeast corner the Doris J.
Downard tract (Volume 9I66, Page 1049);
THENCE, along the easterly line of said Doris 1. Downard tract (Volume 9166, Page 1049, North 00
degrees 05 minutes 48 seconds West, a distance of 330.13 to a point on the southerly line of said
Maxine V. Beam tract;
THENCE, along the southerly line of said Maxine V Beam tract, South 89 degrees 54 minutes 12
seconds West, a distance of 416.00 feet to a point in Randol Mill Avenue and being the southwest
corner of said Mane V. Beam tract!
r
Case No. Attachment G
ZA05-103 Page 11
THENCE, along the westerly line of said Maxine V. Beam tract, North 00 degrees 05 minutes 48
seconds West, a distance of 330,13 feet to a point in Randol NO Avenue being the northwest corner of
said Maxine V, Beam tract;
THENCE, aloof; the northerly line of said Maxine V. Beam tract, North 89 degrees 54 minutes 12
seconds East, a distance of 1063.41 feet to the southwest corner of said Biltmore Drive;
THENCE, along the west right-of-way line of said Biltmore Drive, North 01 degrees 20 minutes 03
seconds West, a distance of 947.27 feet to the POINT OF BEGINNING and containing 43.96 acres of
land more or less
This document was prepared under 22 TAG 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
Basis of Bearings: The final plat of the J. Childress No. 253 addition, an addition to the City of
Southlake, Texas as recorded in Cabinet A, Slide 5226 of the P.RRT.C.T.
Case No. Attachment G
ZA05-103 Page 12
rwo
EXHIBIT "B"
----- ---- --
------ ----------
vt
Case No. Attachment G
ZA05-103 Page 13
ZONING PROPOSAL FOR
WESTWYCK MILLS
"PUD" PLANNED UNIT DEVELOPMENT DISTRICT
WestWyck Hills is a proposed 41 single family residential lot development to be
constructed on 43.96 acres on the western edge of the City of Southlake, a density of. 93
units per gross acreage. The property has approximately 545 feet of frontage on Randol
Mill Rd. in two locations and approximately 450 feet of frontage on Morgan Rd. The
development is proposed to be served by three ingress and egress points. There will be
an entrance in the 1300 block of Randol Mill Rd. where that road travels in a north -south
direction and another in the 1500 block of Randol Mill Rd. where the road traverses in an
east -west direction. There will be a third entrance in the 2000 block of Morgan Rd. The
project will be developed and final platted in two phases, with the approximate five (5)
acre tract owned by Trey Bates being phase 2. All of the infrastructure improvements
and open space for the entire project will be developed as part of the phase one
improvements.
The development entity proposing the project is comprised of Four Peaks Development,
Inc. and Warren Clark Development, Inc., both are experienced development companies
in the Southlake area. Other projects developed by these companies include Coventry
Manor, Foxborough, Fox Hollow, Chimney Hill, G1enWyck Farms, Huse Homeplace,
Tuscan Ridge, Cross Timber Hills and many more. Huitt-Zollars, a national civil
engineering firm based in Dallas will help design and plan the development.
The development is an L-shaped parcel of property and will feature 41 lots ranging in
size from approximately 24,000 square feet to approximately 75,000 square feet with an
approximate average tot size of 32,000 square feet. The development plan calls for 4.91
acres of open space (11.17%0 of the gross land area) with the majority of the open space
located at the three entrances of the development and at the southeast corner of the
project. Curvilinear streets with strategic island cul-de-sacs will create a pleasant and
aesthetically pleasing traffic flow within the development. The PUD application calls for
a right of way width of 45 feet and a minimum paving width of 25 feet, back of curb to
back of curb, except in the cul de sac sections where a reduced one-way width of 21 feet
is planned. It is the intent of the development to utilize the more narrow rights of way
and paving widths to cause reduced traffic speeds and to increase the likelihood of saving
trees located adjacent to the streets. Additionally, as part of the PUD application, we are
requesting a variance to the sidewalk ordinance, calling for sidewalks to be constructed
only on one side of the street but in no case on the west side of the entry road from the
1500 block of Randol Mill Rd. It should be noted that the development will be
dedicating approximately .6 acres for the future widening of Randol Mill Rd.
,, < n,-�
ZA05— 1 03
Case No. Attachment G
ZA05-103 Page 14
The subject property is a naturally beautiful property with undulating topography and
gatherings of mature native oaks. Every effort is being made in the planning, and will be
made during construction, to protect and preserve as many of the trees as possible. In
order to create a high quality development and protect trees the development team, in
addition to requesting approval of the reduced rights of way, paving widths and sidewalk
requirements as noted above, is also requesting approval of the restrictions outlined
below:
This Residential Planned Unit Development shall abide by all the conditions of the City
of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the
"SF-20A" single-family residential zoning district and the City of Southlake Subdivision
Ordinance No. 483, as amended, with the following exceptions:
Maximum Number of Lots: 41, a density of .93 units per gross acre
Lot Area: The minimum area of a lot shall not be less than 23,000 S.F.
Front Yard Setback: The minimum front yard of a lot shall not be less than forty feet
(40'); however, there will be a maximum 25% reduction allowed, if
necessary, to save or protect one or more 12" caliper trees. Any such
variance must be approved by the City of Southlake Landscape
Administrator.
Side Yard Setback: The minimum side yard shall not be less than ten percent (10%) of
the width of the lot, measured at the mid point of the lot, but not less than
ten feet (10')
Side Yard Setback Adjacent to a Street: The minimum side yard abutting a street shall
not be less than twenty feet (20' )
Rear Yard Setback: The primary residence on each lot shall have a minimum rear yard
of thirty feet (30'); however, there will be a maximum 25% reduction
allowance, if necessary, to save or protect one or more 12" caliper trees.
Any such variance must be approved by the City of Southlake Landscape
Administrator.
Notwithstanding the above described Rear Yard Setback, there shall be a
fixed minimum rear yard setback for the primary residence on the
following lots as follows:
Lot 1
Block 1
40 feet
Lot 2
Block 1
40 feet
Lot 3
Block 1
40 feet
Lot 10
Block 2
40 feet
Lot 11
Block 2
40 feet
Lot 12
Block 2
40 feet
ZAO5-103
Case No. Attachment G
ZA05-103 Page 15
Lot 17
Block 2
so feet
Lot Is
Block 2
60 feet,
Lot 19
Block 2
60 feet
Lot 20
Block 2
60 feet
Lot 21
Block 2
60 feet
Lot 22
Block 2
60 feet
Lot 23
Block 2
60 fed
Lot 24
Block 2
60 feet
Lot 25
Block 2
40 feet
Lot Width: Each lot "I have a minimum width of one hundred feet (100) at the
building line except for those lots on the curve of a cul de sac where a
seventy five foot (75) minimum width at the building line will he
required.
Lot Depth., The minimum depth of a lot shall he one hundred and fifteen feet (I I F)
Maximum Lot Coverage-. Thirty percent (30%)
Minimum Enclosed Air Conditioned Space for each home-. 4,OW square feet
Section 8_0 I E of the Subdivision Ordinance No, 483, as amended, regarding lot width
along the rear line of certain lots shall not apply to property within this Residential
Planned Unit Development
Section8,01G of the Subdivision Ordinance No 483, as amended, regarding buffer lots
adjacent to certain lots shall not apply to property within this Residential Planned Unit
Development.
Building Standards: In an effort to insure WestWyck Hills will be the high -end project
we are proposing and designing,
in addition to the restrictions outlined above, the
following "Protective Covenants" are a part of the "Declaration of Covenants. Conditions
and Restrictionr " to which all homes built on the lots will be subject.
Each structure shall have a minimum principal plate height of fed (10') on the
first floor, and a minimum plate height of nine feet (Y) on garages, unless for a
special approved design consideration.
• All first floor exterior doors shall be at least eight feet (8') in the main living
areas,
All driveways fronting on a street shall be constructed of the following materials;
brick pavers, stone, interlocking pavers, stamped concrete or concrete with stone
or brick border All front entry surfaces must be constructed in brick, stone, slate~
or flagstone. All sidewalks and steps from the public sidewalk or front driveway
Case No. Attachment G
ZA05-103 Page 16
to the front entry must be constructed of brick, stone, slate, flagstone, or concrete
with brick or stone borders.
After the residence to be constructed on a Lot has been substantially completed,
the Lot will be graded in conformity with the general drainage plans for the
subdivision. No dams shall be constructed nor any other alteration or change be
made in the course or flow of any waterway or drainage course, crossing or
abutting any Lot, without the prior written consent of the Architectural Control
Committee.
Exterior materials shall be 100% masonry (brick, stone, cast stone or stucco) on
all walls visible from any street and common area, and 80% masonry on each
remaining side and rear elevations. The surface area of windows surrounded
completely by brick may be included within the computation of the exterior brick,
brick veneer, stone, or stone veneer wall area of a residence. No brick larger than
queen size will be approved.
• All exposed portions of the fire breast, flue and chimney shall be clad in brick,
stone or brick and stone, matching the materials used on the residence.
• No E.I.F.S. or synthetic stucco system is allowed on any exterior elevation or
chimney.
• The buildings constructed on the Lots must have a roof of 30 year composition,
slate, tile or standing seam copper or other approved metal as approved by the
Architectural Control Committee.
• All roofs shall have a minimum slope of 12:12 Roof Pitch on any front and side
visible from a street and a minimum slope of 8:12 Roof Pitch for rear and sides
not visible from a street. Roof form shall be limited to hip, Dutch hip or Dutch
gable or gable. Any deviation of roof pitch or form must be approved in writing
by the Architectural Control Committee. Architectural designs that warrant flatter
roof sections must be approved by the Architectural Control Committee.
Consideration will be given for authentic Mediterranean design with tile roof.
• All windows shall be painted or vinyl clad finished wood divided light windows
or vinyl frame divided light windows (i.e. "Show Case" or equivalent) with brick
mold surrounds, as manufactured by Anderson, Pella Showcase Vinyl Window,
or approved equivalent.
• The supply conduit for electrical meters visible from streets shall enter the
foundation beneath the final yard grade so that the electrical meter is recessed in
the wall and the meter box front are the only items visible. Any meter visible
from a street must be screened with fencing or landscaping material.
7A05-- 1 03
Case No. Attachment G
ZA05-103 Page 17
• The entire structure shall be guttered with downspouts. All gutter and
downspouts on the front of the house and any side that faces a street or common
area shall be molded from copper or paint grip metal and shall be smooth round
material.
• All mailboxes shall be of a standard, decorative metal design as specified by the
Architectural Control Committee.
• All retaining walls shall be of brick or stone as approved by the Architectural
Control Committee.
• No garage doors shall face the street unless there are more than two (2) garage
spaces. Additional spaces in excess of the required minimum of two may face the
street provide the doors are at least twenty-five feet (25') behind the front yard
building setback line.
+ Cedar doors are required on all garages viewed from a street or common area. All
garage doors shall be equipped with automatic remote controlled door openers.
• Detached garages, carports, guest quarters, sheds, workshops and storage rooms
must be of the same exterior material as the primary residence unless otherwise
approved in writing by the Architectural Control Committee.
• Any one ton truck or larger, bus, boat, boat trailer, trailer, mobile home,
campmobile, camper or any vehicle other than conventional automobile or SW
shall, if brought within the Properties, be stored, placed or parked within the
garage of the appropriate Owner and concealed from view from adjoining Lots,
Common Properties, or public streets, unless approved in writing by the
Architectural Control Committee.
• Weather permitting, each Lot shall be fully landscaped within sixty (60) days
after occupancy of the residence constructed thereon. The front yard must be
sodded; the rear yard must be either seeded, hydro -mulched or sodded, and an
automatic irrigation system must be installed.
A minimum of five (5) additional trees will be planted on each Lot. Where six (6)
or more native trees exist on the Lot after home construction, all five (5) trees
shall be under -story trees (i.e. Japanese maple, dogwood, or red bud) of at least
two inch (2") caliper. Where less than six (6) native trees exist, three (3) of the
five (5) required trees must be red oak, live oak, or burr oak of at least five inch
(5") caliper.
o Front yard fencing shall be constructed of decorative metal in an "open" style and
will be allowed to extend from the perimeter of a dwelling to the side or rear
property lines, provided such fencing shall be set back at least ten feet (10') from
the primary dwelling wall facing the street except for driveway gates.
Z ,4 �'-, -_ -- 1 0 3
Case No. Attachment G
ZA05-103 Page 18
• Side and rear yard fencing and fencing between Lots shall constructed of
decorative metal in an "open" style. No solid wood fencing shall be allowed
within WestWyck Hills.
• No exterior light, including landscape lighting, shall be installed or maintained on
any -Lot without the prior written approval of the Architectural Control
Committee.
• All television antennas and other antennas and aerials shall be located inside the
attic of residence constructed on the Lot. Satellite dishes one meter in diameter or
smaller may be placed on the roof of a home as long as the dish is mounted
behind the peak of the roof. Amateur radio towers and antennas (whether for
reception or transmission) and other towers of any kind are prohibited.
We respectfully ask for approval of this PUD application for WestWyck Hills. Based on
this development team's proven history of developing some of the finest subdivisions in
Southlake, we feel this plan of having a well thought out balance of low density, larger
lots and open space will produce another quality project while preserving trees and
complimenting our surrounding neighbors.
ZA05-103
Case No. Attachment G
ZA05-103 Page 19
Four Peaks Development, Inc.
October 31, 2005
Mayor and Members of the City Council
City of Southlake
1400 Main Street
Suite 270
Southlake, Texas 76092
Re- WesffiTyck Hills
Dear Mayor and Members of the City Council:
In response to issues raised by neighbors to our proposed West%ck Hills project 1,want to
formally memorialize the revised application we have made, in keeping with the approval of our
project by the Planning and Zoning Commission and additional revisions made, in response to
ongoing issues raised by neighbors and our own detailed planning, I will be giving a copy of this
letter to some of the neighbors with whom I have been in contact so they will be fully aware of
our cornmitments,. I encourage the neighbors to verify with their City Council members that any
commitment we make cannot be arbitrarily changed except as a reduction of use or intensity to
cur proposal Also, there can be no material change to our appUcation, except for a reduction of
use or intensity of the development, between the approval of the prehminary plat and the final
plat We understand these restrictions and look fomrard to working Aithirt those Limitations
towards creating the high -end project ive have planned
Working from our original application, which was heard in front of the Planning and Zoning
Commission an October 6, 2005, we have made, and obligate ourselves to the following changes
which are, reflected in the revised Development Plan, Drainage Plan, Paving Plan and Water and
Server Plan which will be presented to the, City Council on November 1, 2006:
The number of lots to be developedisithin the WeslWyck Hills subdivision has been reduced to
forty(40) This number of lots does not include any lots which maybe developed in the fixture on
land owned by Phillip Fanning which land is not currently part of the proposed development
`The vehicular access to and from Morgan RA and the northeast corner of the property has been
eliminated.
A pedestrian access at this Morgan Rd location has been added as a part of our application
Rear yard setbacks, or side yard setbacks as the case may be, have been modified to be a
minimum of forty feet (40') for all lots adjacent to the neighboring properties on the north and
south property lines Rear yard setbacks for lots on the east property line area minimum of sixty
fed (601)
The dry detention pond at the southeast comer of the property has been modified, which caused
the reduction. of one lot from out original proposal, go that the rate of runoff from the detention
pond after development -Arill be less than the rate of runoff that exists in the currcut pre -
development state, The dry detention pond has been further modified so that a single thirty, inch
726 Commerce St she. 109 - 5ottthlake,TX76092 - (317)329-6996 - Fax (817)481-4074
Case No. Attachment G
ZA05-103 Page 20
(30') pipe or a series of five. (5) twelve inch (12") pipes will accommodate the discharge from the
detention pond in the cm of a 100 year rain event, in keeping with the City of Southlake
drainage policy.
The detention pond at the southeast comer of the property will not be built closer than forty fed
(40') to any of the adjoining neighbors' property. it is our intent to preserve the existing trees
which currently exist in the area between the rear of the pond itself and the neighbors' properties
As has been presented and discussed on several occasions, the development team is willing to
install a thirty inch pipe from the detention pond to a point of discharge adjacent to, t%,.'o (2) thirty
six inch (36') reinforced concrete pipes located in front of 1356 Lakeview Drive. This would
virtually eliminate surface flow on these properties between WestW�yck Ifills axid the two (2)
thirty-six inch (36'1 Pipes As an alternative, the developer will install an eighteen inch to
t%,enty-four inch (24) pipe which would not totally eliminate surface flow but xNrould greatly
reduce, the time of concicaration The installation of this pipevyould beat the developer's
expense but would require the dedication of a city approved drainage casement from the property'
owners over whose property the pipe would traverse Following the installation of said pipe, the
affected property would be. restored to its current condition including the re -sodding of the
Nvorklinstallation area and any damage., intentional or othemise, to fences, sprinkler systems, and
French drains, would be repaired to their current condition.
If his pipe is to be installed, its installation will occur at the time the detention pond and
associated outfan structures are being constructed. It is not the intent of the developer to pressure
the aff=ted property owners to agree to the installation of this pipe-, but, if it is their desire to
have said pipe installed, we will agree to moth fy our current plans, which do not call for the Pipe,
if notice is given to us, and an agreement is reached for the installation of the pipe, prior to March
1,2006-
The issue of liability in the case the detention pond fails in its design or construction has been
raised. As yoa vmll know, through the Developer Agreernent2 the City of SoutMake requires a
two year maintenance bond from the contractor for any deficiency in the construction of any
drainage facility, including the detention pond In addition to this safeguard, the WestWyck Bills
constructi oaldevelopment partner, Warren Clark Development Company carries Completed
operations Insurance with limits of $1,000,000 Per occurrence, $2,000,000 aggrepte and
$100,000 medical, Additionally, the structural engineer, and civil engineer each carry Errors and
Omissions insurance and our Contractor will carry liability insurance N%ith coverage of at I the
same limits as that carried in our Completed Operations Insurance policy. in the very unlikely
event that a problem should arise resulting in damages, there are many points of relief that can be
pursued
For the benefit of the City Council and OUT -neighbors, I hope this letter clearly states our firm
commitment to the terms of our application. If you should have any questions, please feel ftoe to
give me a call..
Sincerely,
Tom M. Matthews, Jr, Presid6rit
Four Peaks Development, Inc
Case No. Attachment G
ZA05-103 Page 21
INVOICE
Draft Only
Star -Telegram
Customer ID:
CIT57
400 W. 7TH STREET
Invoice Number:
263181171
FORT WORTH, TX 76102
RECEIVED
Invoice Date:
11/18/05
(817) 390-7761
Federal Tax ID 22-3148254
Terms:
Net due in 21 days
DEC - 6 2005
Due Date:
11/30/05
Bill To:
PO Number:
NO PO
SOUTHLAKE
CITY OFMAIN
OFFICE OF CITY SECRETARY
Order Number:
26318117
1400 MAIN
STE 440
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Publication Date:
11/18/05
Alm Alm: ACCOUNTS PAYABIA:
Description
Location Col Depth
Linage MU Rate Amount
CITY OF SOUTHLAKE ORDINANCE
NO 13580 I 1
1 3 1 L INI:
$0.81 $106.11
CITY OFF SOUTH-
LAKE
THE OFFICIAL
NEWSPAPER, AND
ORDINANCE
PROVIDING AN EF-
NO. 480-468
AN ORDINANCE
FECTIVE DATE.
SECTION 7.
Net Amount:
�106.I1
AMENDING
NANCE NO. 480
ORDI-
AS
Any person, firm or
corporation who wo-
AMENDED,
COMPREHENSIVE
'rHE
late., disobeys, omit.,
neglects or refuses to
ZONING
NANCE OF THE
ORDI- comply with or who
CITY resists the enforce -
OF SOUTHLAKE
ment of any of the
TEXAS GRANTING
A ZONING CHANGE
provisions of this or -
dinance shall be fined
ON A CERTAIN
TRACT OR TRACTS
not more than Two
Thousand Dollars
LAND
IN
($2,000.00) for each
THE ITYWIT
SOUTHLAKE
TEX-
offense. Each day that
a violation is permitted
AS BEING LEGALLY
DESCRIBED
AS
to exist shall consti-
tute a separate of- i
LOTS 1R1 1R2
J. CFiILID
2R1
ESS
fense.
PASSED AND AP-
2R2,
Ar 253 ADDITION
A PORTION OF
PROVED THIS THE
LOTS 15th DAY OF NO-
3 & 4, J. CHILDRESS
NO. 253 ADDITION
VEMBER, 2005,
DURING THE REG-
A PORTION
ULAR CITY COUN-
CIL MEETING.
TRACT 1F,
TRACTS 2A.
SITUATED A
AND
& 2B, MAYOR: Andy
THE J. Wambsganss
,+•.•'•rN'••,
CHRISTY L. HO"D
CHILDRESS
VEY, ABSTRACT
NO. 253
SUR- ATTEST: Lori Farwell,
City Secretary
BEINGLY
_'�
": MY COMMISSION EXPIRES
.... ir`' July31,20
THE STATE OF TEXAS 44 P ACCRES,4TAND
MORE FULLY
County of Tarrant COMPLETELY
AND
DE -
Before me, a Notary Put
for the Star -Telegram, p(
depose and say that th(
LEGAL DEPT. STAR TLEGR
SUBSCRIBED AND SWORI
Thank You For Yo
Remit To: Star -Tel(
P.O. BO
FORT '�N
runty and State, this day -,orgy *x* appeared Lisa Wesselman, Bid and Legal Coordinator
elegram, Inc at Fort Woi th, in Tarrant County, Texas, and who, after being duly sworn, did
)f an advc,-tispmerA was published in the above named paper on the listed dates: BIDS &
Vlonday, NoverybE#2Jy, 20115.
Votary
Customer ID: CIT57
Customer Name: CITY OF SOUTHLAKE
01-2051 Invoice Number: 263181171
Invoice Amount: $106.11
PO Number: NO PO
Amount Enclosed:
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
RECEIV��[OICE
Bill To: OFFICE OF CITY SECRETARY
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
CITY OF SOUTHLAKE Notice is he
THE
Co
Be
for
de
LE
(81
SU
CITY OF
SOUTHLAKE
be9ilfy the ce Cityhereby given
o
the City of Southlake,
Texas, that a public
hearingg will be held
on fYovember 15,
2005. at 6:00 D.m. or
13580
HNG
BEDII
OF
NAN
Customer ID: CIT57
Invoice Number: 262327081
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Date:
143 143 LINE
Net Amount:
10/28/05
Net due in 21 days
10/31 /05
43684
26232708
073
CITY OF SOUTHLA
10/28/05
$0.81 $115.83
'+N""vPs CHRISTYL.HOLLAND
My COMMISSION EXPIRES
duly 31, 2008
$115.83
BECTION7.
Any person, firm or
corporation who vio-t::11pu
personally appeared Lisa Wesselman, Bid and Legal Coordinator
fates, disobeys, omits,
neglects or refuses toTnrrant County, Texas; and who, after being duly sworn, did
comly with or whoresissthe enforce- us. �� ^hove named paper on the listed dates: BIDS &
ment of any of the
provisions of this or- \
dinance shall be fined
not more. than Two
Thousand Dollars
($2,000.00) for each
offense. Each day that
a violation is permitted
to exist shall consti-
tute a separate of-
fense. 'r O 2
City of Southlake
Lon Farwell
City Secretary
n y ruU11C
Thank You For Your Payment
---------------------------------------------
Remit To: Star -Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 262327081
Invoice Amount: $115.83
PO Number: 43684
Amount Enclosed: $
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 261819201
FORT WORTH,TX 76102 k c L.,L i Y L.1_ Invoice Date: 10/15/05
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
n7T 3 1 2005 Due Date: 10/31/05
Bill To: PO Number: 43672
CITY OF
S
1400 MAIN SOUTHLAKE OFFICE OF CITY SECRETARY
Order Number: 26181920
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn:ACCOUNTS PAYABLE Publication Date: 10/15/05
Description Location Col Depth Linage MU Rate Amount
C I l Y OF SOU I HLAKL Notice is he I3580 1 143 143 LINE SO.8 I S 1 15.83
110E TEX- PROVIDING THAT`
--14(trI1 _LEGALLY THIS��L OREDINC E
LOTS 1R1 1R2 2RS LSAHTIVE OF ALL
2R2, J. CHILDRESS ORDINANCES; Net Amount: S 115,83
NO. 253 ADDITION PROVIDING A SEV-
A PORTION OF LOT St ERABILITY CLAUSE;
3&4,J.CHILDRESS PROVIDING FOR A
NO. PORTIONITI OF LATIONS HEREOF;
TRACT 1F, AND PROVIDING A SAV-
TRACTS 2A, & 2B, INGS CLAUSE.
SITUATED IN THE J. PROVIDING FOFI
CHILDRESS SUR- PUBLICATION IN
VEY, ABSTRACT THE OFFICIAL
NO. 253 BEING NEWSPAPER- AND
APPROX(MATELY PROVIDING AN EF-
44 ACRES, AND FECTIVE DATE.
MORE FULLY AND SECTION 7.
COMPLETELY DE- Any person, firm or
SCRIBED IN EXHIBIT corporation who vio-
A" FROM "AG" AG- fates,disobeys,omits,
RICULTURAL DIS- neglects or refuses to
TRICT "RE"SINGLE comply with or who
FAMILY RESIDEN- resists the enforce-
TIALL ESTATE DIS- ment of any of the
T C `AND FAMILY provisions 11 this or
CITY_OF IN((I133 €€EE FAMILY dinance shall be fined
SCI TLAKE S RESIDENTIAL DIS- not more than Two
IC TO "R-PUD" Thousand Dollars
q Sg I D E N T I A L ($2,000.00) for each : "q°r''
Notice is hereby given AfNNMD UNIT DE- offense.Each day that . ''� CHRISTY L.HOLLAND
by the City Council of OOP-MENT IS- a violation is permitted MY COMMISSION EXPIRES
the City of Southlake, CT WITH "SF- to exist shall coned-
Texas, that a public 20A" SINGLE FAMI- tute a separate of- •+•" July 31,2008
JI hearing will be hold LY RESIDENTIAL tense. t" 1
THE STATE U on November 1,2005, DISTRICT USES AS City of Southlake ,
at 6:00 p.m. or im- DEPICTED ON 'THE Lori Farwell
County of' mediately following APPROVED DEVEL- City Secretary
the Work Session, OPMENT PLAN, IN-
during the the Regular CLUDING PUD DE-
Before me, to be Councill t meeting DARDSM ATTACHED id State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
for the Stal Town Ha1CIh1400 Main HERETb AND IN-1, Inc.at Fort Worth, in Tarrant County,Texas;and who, after beingdulysworn,did
Street, Southlake, C O R P O R A T E D
depose ar Texas.Purpose of the BERESUBJECTHI TO Ivertisement was published in the above named paper on the listed dates: BIDS&
public hearing is to THE SPECIFIC RE-
LEGAL DEP consider the second QUIREMENTS CON-
reading of the fol- TAINED IN THIS
(817) 390 lowing ordinance: ORDINANCE; COF- 1�
ORDINANCE NO. RECTING THE OF-
480-468 FICIAL ZONING
AN ORDINANCE MAP; PRESERVING
AMENDING ORDI- ALL OTHER POR-f
NANCD NO.480_AS TIONS OF THE
COMPREHENSIVE ZONING ORDI-
SUBSCRIBE( ZONING ORDI- NAN CE THAT THE ay, OCto r , 005
MINGNANCEOFTHECITY PUBLIC INTEREST,
OF SOUTHLAKE MORLALS AND GEN-
TE�(AS GRANTING DEMAND THELZON
AA ZONING CHANGE C Public
TRACT OR TRACTS A M E NAD M SN AND
OF LAND WITHIN
Thank You i'ui I Oui I ayiii i i. '
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 261819201
Invoice Amount: $115.83
PO Number: 43672
Amount Enclosed: $