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R96-026 RESOLUTION R96-~F~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING A PRIOR BOYNTON BEACH MALL DRI DEVELOPMENT ORDER, ADOPTED ON NOVEMBER 16, 1992, AND FURTHER AMENDED ON DECEMBER 19~ ~1989 AND MARCH 5, 1991, MAKING FINDINGS AND CONCLUSIONS OF LAW PERTAINING TO THE BOYNTON BEACH MALL~ A DEVELOPMENT OF REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTION AS A DEVELOP~NT ORDERBY THE CITY OF BOYNTON BEACH IN COMPLIANCE WITH LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Boynton-JCP Associates, Ltd. ("Applicant") has had a Development Order (the "Original Development Order") approved by the Board of County Commissioners of Palm Beach County ("Resolution No. R-74-343) on May 7, 1974 which was adopted by the City on No~ember 16, 1982; which permitted 1,108,000 square feet of gross~ leasable area; and WHEREAS, the Development Order was amended on December 19, 1989 and further amended on March 5, 1991 permitting 1,244,449 square feet of gross leasable area; and WHEREAS, Applicant has filed a Notice of Proposed Change to a previously approved ("Notice of Proposed Change" Florida, in accordance with and WHEREAS, Applicant pz 1,244,449 square feet of space on the real propert~ forth in Exhibit "A" and loc Florida; and Development of Regional Impact with the City of Boynton Beach, ~'ection 380.06, Florida Statutes; oposes to construct a total of ~ommercial retail gross leasable whose legal description is set ~ted in the City of Boynton Beach, WHEREAS, the City Commission as the governing body of the City of Boynton Beach having 380, Florida Statutes, is au Notices of Proposed Change for Developments of Region~ has determined that the prop substantial deviation under jurisdiction, pursuant to Chapter thorized and empowered to consider to the current Development Order ~1 Impact and the City Commission osed change does not constitute a Shapter 380, Florida Statutes; and WHEREAS, the City Commission on the 20th day of February, 1996, held a duly -noticed public hearing on the Notice of Proposed Change and has heard and considered the testimony taken thereat; and WHEREAS, the Applicant shall submit a Site Plan which shall comply with all ordinances and requirements of the City; and WHEREAS, the City Commission has received and considered the recommendations of the Treasure Coast Regional Planning Council; and WHEREAS, the City Commission has made the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. The proposed Development is not in an Area of Critical State Concern desmgnated pursuant to the provisions of Section 380.06, Florida Statutes; 2. The State of Florida has not adopted a land development plan applicable to the area in which the proposed Development is to be located; 3. The proposed Development ms consistent with the report and recommendations of the Treasure Coast Regional Planning Council submitted pursuant to Section 380.06(12), Florida Statutes; 4. The proposed Development is consistent with the local comprehensive plan, zoning and development laws and regulations of the City. 5. The Notice of Proposed Change does not constitute a substantial deviation from the previously approved Development Order. 6. The premises are correct and hereby accepted by the City. CONCLUSIONS OF LAW NOW, THEREFORE BE IT THE CITY OF BOYNTON BEACH, ~., That in and assembled this 20th ~ESOLVED BY THE CITY COMMISSION OF FLORIDA: public meeting, duly constituted lay of February, 1996, that the Development of Regional Impact Application for Amended Development Approval approved March 5, 1991 is hereby modified, by replacing the conditions, restrictions and limitations under the headings "CONCLUSIONS OF LAW" and "CONDITIONS OF DEVELOPMENT ORDER AS AMENDED" set forth in Resolution R91-37 with the following conditions, restrictions and limitations: Application for Development Approval 1. The Notice of Proposed Change by Boynton-JCP Associates, Ltd. is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida ~. The Applicant is Boynton-JCP Associates, Ltd. and shall hereafter include the successors and assigns of Boynton-JCP Associates, Ltd. Substantial compliance with the representations contained in the Notice of Proposed Change as modified by the terms and conditions herein is a condition of approval. For purposes of this condition, the Development Order shall include those matters submitted in the Notice of Proposed Change to a previously approved Development of Regional Impact dated September 13, 1995 and revised December 1995. Commencement and Progress of Development 2. Failure to initiate construction and physical development within two years from the effective date of this Resolution or failure to maintain reasonable progress toward completion of the development after having initiated construction in a timely manner, may constitute a substantial deviation and the development shall be submitted to further review pursuant to Section 380.06, Florida Statutes. Construction shall be deemed to have been initiated and physical development commenced after placement of permanent evidence of a structure (other than a mobile home) on a site~ such as the pouring of slabs or footings or any work beyond the stage of excavation or land clearing. Termination D~t~ 3. This Development Order shall terminate on December 31, 2010 unless extended by the City Commission. Nothing herein shall limit or extinguish any vested rights of the Applicant, its successors or assigns regarding the existing square footage of gross leasable area of the existing Boynton Beach Mall. CONDITIONS OF DEVELOPMENT ORDER AS AMENDED 1. Except as specifically amended heremn, all conditions specified in the Original Development Order (Resolution No. R-74-343) and subsequent amendments to the Development Order for Boynton Beach Mall shall remain in full force and effect. 2. Prior to issuance of a Building Permit for construction of additional square footage pursuant to this Amended Development Order, the Applicant shall cause the preservation as a native habitat preserve in perpetuity of that area described as "Limits of Pine Area" shown on Exhibit "1" in the northwest quadrant of the site by recording appropriate Restrictive Covenants which, prior to recording, shall be approved by the Treasure Coast Regional Planning Council and the City of Boynton Beach. 3. Prior to commencing construction activity within the parcel containing the area to be preserved, (described by "Limits of Pine Area" shown on Exhibit "1"), the preserve area shall be temporarily fenced or otherwise delineated to prevent construction equipment from entering the area. 4. Ail Brazilian pepper, Australian pine, and Melaleuca on the site (including within the Limits of the Pine Area) shall be removed within two years after the effective date of this Resolution and prior to issuance of a certificate of occupancy for any building constructed pursuant to this Amended Development Order. These species shall not be used in landscapmng. 5. A landscaped buffer along the west boundary of the Pine Area and adjacent to Javert Street shall be provided in accordance with the plan attached as Exhibit "1" 6. A. The use of grassy swales to pretreat runoff before conveying any runoff to the detention ponds shall be utilized in the new parking lot additions, (and the parking lots shall be swept weekly) as shown on the Site Plan (Exhibit B. Littoral zone planting shall be established around the existing detention ponds utilizing native woody species. Prior to construction and planting of the littoral zones, the Applicant shall prepare a design and management plan for the littoral zone to be reviewed and approved by the Treasure Coast Regional Planning Council in consultation with the City of Boynton Beach and the South Florida Water Management District. The Plan shall (1) include a Plan view and site location; (2) include a typical cross section of the detention pond; (3) specify how vegetation is to be established within the littoral zones; and (4) provide a description of any monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zones. No Certificate of Occupancy shall be issued for any additional square footage constructed pursuant to this Development Order until the Plan is determined to be consistent with the Regional Plan. Wherever possible a minimum of ten square feet of vegetated littoral zone per linear foot of shoreline shall be established so that a least sixty percent of the shoreline has a vegetated littoral zone. Alternate design may be necessary due to physical constraints inherent mn retrofitting these existing detention ponds. The littoral zone shall be in place prior to the issuance of a Certificane of Occupancy for any additional square footage to be constructed under this Development Order. 7. Under no circumstances shall pOst-development runoff volumes exceed predevelopment runoff volumes for a storm event of three-day duration and 25-year renurn frequency. 8. No building permit shall be issued for construction of any additional square footage under this Amended Development Order, until the developer shall prepare a hazardous materials management plan for the expansmon and the plans have been approved by the Treasure Coast Regional Planning Council and the City of Boynton Beach. l~ne plan shall: A. Require disclosure by tenant of all hazardous materials proposed to be stored, used, or generated on the premises; B. Provide minimum standards and procedures for storage, prevention of spills, containment of spills, and transfer and disposal of such materials; C. Provide for proper maintenance, operation, and monitoring of hazardous materials management systems, including spill and containment systems; D. Detail actions and procedures to be followed in case of an accidental spill; Guarantee financial responsibility for pill clean-up; and F. Require the inspection of premises storing, using, or generating hazardous materials prior to commencement of operation and periodically thereafter, to assure that the provisions of the plan are being implemented. 9. No building permits for gross leasable space in excess of 1,108,000 square feet within the Boynton Beach Mall shall be issued until all right-of-way within the project boundarmes have been dedicated, free and clear of all liens and encumbrances, to the City of Boynton Beach or Palm Beach County as necessary and consistent with the Palm Beach County Thoroughfare Right-of-way Protection Plan. No further dedications are necessary to implement the Proposed Change. 10. No building permits shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet until contracts have been let for the following roadway improvements: A. Construct Old Boynton West Road between Military Trail and Lawrence Road as a four-lane divided roadway. No Certificate of Occupancy shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet until the improvements under A above have been completed. With respect to the construction of the roadway improvements, if the Treasure Coast Regional Planning Council (hereinafter the "Council") makes a change in its adopted Regional Comprehensive Policy Plan (hereinafter the "Plan") which does the following: (i) modifies its Level of Service standard for the Regional Roadway network; or (ii) modifies the methodoloqy utilized to calculate the adopted Level of Service; or (iii) modifies the method of calculating background traffic, such that if this proposed change were being reviewed under said modified policies none of the above roadway improvements would be required to maintain the Regional Roadway Network at the then applicable Council Level of Service through project buildout, then this condition will be terminated without further action by the City Commission or the Council. 11. No Building Permits shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet until contracts have been let to construct to the following intersection configurations, including signalizations modifications as warranted by City, County or State criteria: A. Hypoluxo Road/Congress Avenue Northbound Southbound one rmght-turn lane one right-turn lane two through lanes two through lanes one left-turn lane one left-turn lane Eastbound Westbound' one right-turn lane one-right turn lane two through lanes two through lanes two left-turn lanes two left-turn lanes B. Northwest 22nd Avenue/Congress Avenue Northbound Southbound one right-turn lane one right-turn lane two through lanes one left-turn lane Eastbound one rmght-turn lane one through lane one left-turn lane one through lane one left-turn lane Westbound one right-turn lane two through lanes one left-turn lane Co Northbound one right/through lane two through lanes one left-turn lane Eastbound one right/through lane one through lane one left-turn lane Old Boynton West Road/Congress Avenue Southbound one right/through lane two through lane one left-turn lane Westbound one right/through lane one through lane one left-turn lane Avenue Northbound one right-turn lane three through lanes two left-turn lanes Eastbound one right-turn lane three through lanes two left-turn lanes New Boynton Beach Boulevard/Congress Southbound one right-turn lane three through lanes two left-turn lanes Westbound one right-turn lane three through lanes two left-turn lanes Eo Northbound Not Applicable Eastbound one-right turn lane three through lanes New Boynton Beach Boulevard/I-95 West Southbound one right-turn lane two left-turn lanes Westbound two through lanes one left-turn lane Fo Northbound one right-turn lane two left-turn lanes New Boynton Beach Boulevard/I-95 East Southbound Not Applicable Eastbound two through lanes one left-turn lane Westbound one right-turn lane three through lanes Ail configurations shaI1 be constructed and permitted in accordance with City, County and State criteria. No Certificate of Occupancy shall be issued for the Boynton Beach Mall for gross leasable space in excess of 1,108,000 square feet until the improvements under A through F have been completed. With respect to the construction of the intersection improvements, (including signalization modifications) if the Treasure Coast Regional Planning Council (hereinafter the "Council") makes a change in its adopted Regional Comprehensmve Policy Plan (hereinafter the "Plan") which does the following: (i) modifies its Level of Service standard for the Regional Roadway network; or (ii) modifies the methodology utilized to calculate the adopted Level of Service; or (iii) modifies the method of calculating background traffic, such that if this Proposed Change were being reviewed under said modified policies none of the above intersection improvements (including signalization modifications) would be required to maintain the Regional Roadway Network at the then applicable Council Level of Service through project buildout, then this condition will be terminated without further action by the City Commission or the Council. 12. Prior to, or upon issuance of a building permit for the additional square footage, the Applicant shall pay a fair share contribution consistent with the Fair Share Impact Fee Ordinance applicable to the Boynton Beach Mall Proposed Change. 13. No additional building permits shall be issued two years after the effective date of this Resolution unless a traffic study has been conducted by the developer, and submitted to and approved by Palm Beach County, the City of Boynton Beach and the Treasure Coast Regional Planning Council that demonstrates that the regional road network can accommodate a specified amount of additional Boynton Beach Mall generated traffic and growth in background traffic beyond two years after the effective date of this Resolution and still be maintained at Level of Service C during annual average daily traffic and Level of Service D during the peak season, peak hour conditions. The traffic study shall: A. Be conducted in the peak season (January-March); and B. Identify the improvements and timing of those improvements necessary to provide Level of Service C under annual average daily traffic conditions and Level of Service D under peak hour, peak season conditions for the subject transportation network during the projected completion of the project, including project impacts and growth in background traffic. Additional building permits shall not be issued until a new project phasing program and roadway improvement program (necessary to maintain Level of Service C annual average daily and Level of Service D peak season, peak hour operating conditions) has been approved by Palm Beach County, the City of Boynton Beach, and the Treasure Coast Regional Planning Council for the remainder of the development. BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 1. Any modifications or deviations from the approved plans or requirements of this Development Order shall be submitted to the Planning Director for a determination by the City Commission of the City of Boynton Beach as to whether the change constitutes a substantial deviation as provided in Section 380.06(19), Florid~ Statutes. The City Commission of the City of Boynton Beach shall make its determination of substantial deviation at a public hearing after notice to the Applicant. 2. The City of Boynton Beach shall monitor the development of the project to ensure compliance with this Development Order. The City of Boynton Beach Planning Director shall be the local official assigned the responsibility' for monitoring the development and enforcing the terms of the Development Order. The Planning Director may require periodic reports of the Applicant with regard to any item set forth in this Development Order. 3. The Applicant shall submit an annual report as required by Section 380.06(18), Florida Statutes. The annual report shall be submitted on the anniversary date of the adoption of the Development Order and shall include the following: A. Any changes in the plan of development, or in the representations contained in the Application for Development Approval, or zn the phasing for the reporting year and for the next year; B. A summary comparison of development activity proposed and actually conducted for the year; C. Undeveloped tracts of land that have been sold, transferred, or leased to a successor developer; D. Identification and intended use of the lands purchased, leased or optioned by the Applicant adjacent to the original site since the Development Order was issued; E. An assessment of the Applicant's and local Government's compliance with the conditions of approval contained in this Development Order and the commitments specified in the Application for Development Approval and summarized in the Regional Planning Council Assessment Report for the development undertaken; F. Any request for substantial deviation determination that was filed in the reporting year or is anticipated to be filed during the next year; G. An indication of a change, if any, in local government jurisdiction for any portion of the development since the Development Order was issued; H. A list of smgnificant local, State, and federal permits which have been obtained or which are pending by agency, type of permit, permit number, and purpose of each; I. The annual report shall be transmitted to the City of Boynton Beach, the Treasure Coast Regional Planning Council, the Florida Department of Community Affairs, the Florida Department of Environmental Protection, and such additional parties as may be appropriate or required by law; J. A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of an adopted Development Order that was recorded by the Developer pursuant to Subsection 380.06(15), Florida Statutes; and K. Any other information required by the City Commission of the City of Boynton Beach or the Planning Director to be included in the annual report. 4. The definitions found in Chapter 380, Florida Statutes shall apply to this Development Order. 5. The City of Boynton Beach hereby agrees that before December 31, 2010 the Boynton Beach Shopping Mall Development of Regional Impact shall not be subject to down zoning, unit density reduction, or intensity reduction, unless the City demonstrates that substantial changes in the conditions underlying the approval of the Development Order have occurred, or that the Development Order was based on substantially mnaccurate information provided by the Developer, or that the change is clearly established by the City of Boynton Beach to be essential to the public health, safety, or welfare. 6. This Development Order shall be binding upon the Applicant and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced government agency in existence on the effective date of this Development Order. 7. The approval granted by this Development Order is conditional and shall not be construed to obviate the duty of the Developer to comply with all other applicable local, State, and federal permitting requirements. 8. In the event that any portion or section of this Development Order is deemed to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this Development Order, which shall remain in full force and effect. 9. This Development Order shall become effective immediately upon adoption. 10. Certified copies of this Development Order shall be transmitted immediately by certified mail to the Department of Community Affairs, the Treasure Coast Regional Planning Council, and Applicant. PASSED AND ADOPTED in a public hearing held on this the ~ day of ~~ ., 1996. City of Boyr~tonD~.~ch City Commission ~ayor ~ Vice Mayor k__~ _~ Ma~/~r Pro Tem - Commissioner Attest: City Clerk BB~allA~.Dev/Order 2/15/96 'EXHIBIT "A" BOYNTOH BEAeI! HALL 116.364 A Creel: o£ %and looaeed.' in fleet'ion lg,.' ?ownahLp.4{ l{QUZh, Range 43 Eaa~, County oe Palm Baaoh, Florida and turther described aa ~o~lo~s~ · thence H 0O 59' 39" H along the ~aa~ i/ne o~ s'a.id* Section 19, a distance-oE IQ98.10 ~eet to a po[ntl, thence 6 89' 2~" H, a distance o~ 60.00 ~aa~ to 'a ~[nt on ~ha rlghC-of-way line of Congress Avenue, ~aid pein: also being :he prinoipal poi. nt and place of b=g[nnin~ of :he deacriptibn~ · . · hanua 8 86' 05'" 26" W, a d/aeanoa of 046.73 ~aae to i Chance 8 43' 32' 54" H, a d/aeanoa oe 57.02 .~aa~ to a :hence 8 00" 59' 39" E, a ~ia~anca o~ 258.27 Eaa~.~o a ~'in:{ U~en~a 9 ~6' 46' 44.2" B, a distance o~ ~99.60 ~aa~ ~o a poin:{ ~hence 8 00' 59'. 39" ~, a dLa~ance-o~ 102.20 ~aa: Co a point{ ~hanoa S 44* 46' 34"~e a dia~ance o~ L4.45 faa: poLn~ on che not,hotly tlgh: o~-way line o: Boyn~on Ham: Road (:o~me~ly old Boyncon Road}/ ~hanoa H 09' 46' 34" H, along s~ld ~o~che~ly line, a dla~ance o: ~664.25 Eeee :o a ~ln~l. :he~oa H 00' 51' 51" H, a dia~anea oE ~22G.05 ~aat ~o' a poln:/ Ehanca X 0~' 90' 21" B, a d/sConce o~ 52.34 ~oaC poinCl ~hanea 22~.~7 taa~ along a. cucva co :ha Iai:, having radius o: 145.00 :aa: and a chord el 205.06 ~aa~, haa~lng ii 42' 50' 2L" ~, ~o ~ ~ln~{ thanda H 2' 0~' 39" H~ a .d/sCenes o: 23.6T :ee~ ~o a poin:{ :hence 134.54 [ee~ along a curve :o the ~ighc, having a tedium o: 240.00 ~aa~ and a chord 132.]0 ~aa~'~ bea~lng H 14'. Ol' 53.5" g ~o a poin~l :hence 234.5T ~aa~ along a curve :o Eha le:~, 'havin~ a ~adiua 320.00 [ea~ and .a chord o[ 229.36 :ea~, .bea~ing H {' 05' 26" E Co a ~inb) ~hence N 1~' .54' 34" W, a dia~an~e o~ 70.00 fee: to a ~lnti ~henca' 294.96 feet, along a. curve to the right, having, a radiha of 325.00 fee~ and a chocd of 284.94 fee~, bearin~ H ~4'-O5'" 26' E to a poin~l thence 293.22 alon~ a curve :o :he left, havin~ a radius'of 420.00 feet and a chord of 28~.30 feet, beating H 2.0' 05' 26' B ~o a ~in:l ~hence N 00' 05' 26' g, a dls~anqe of 145'.00 fea~ ~o a ~lnt{ 'thenbe Il 88' 05' 26" B, a dis:anco o~ 1738.97 fee~ :o a po/n~{ ~henca S 00' '59e' 39" ~, a dEe:anco o~ 472.86 ~eek ~a a point{ bhanoe H 08' 05' 26"B, a dia~ance oE 32a.a7 Eaak to a poin~ on the ,emPathy ~na of C0ng~eaa'Avanua, eEan=a a 59' 39'"B, along said Haa~a~y ~ine~ a dia~ance of ~30.01 faa~ ' ' '" ' ' " "'" ' I I ' '' II ' ' ' ' to a ~ln:~ thanes H 46 27 06 H~ a dia~ nco of 5{.~ ~o a pointl ~he~ca 8 abe 05' 26" H, a dis:anco et 430.00 faa: , to a ~ln~{ :haUca 8 00' 59' 39" B, a dia~anoa of t0~.9.{ .faa~ :o ~ ~ln~{ ~hanca H ~8' 05' 26" B, a die,anna o~ 430.00 to' a ~ln~l ehanoe ~ 43' 32' 94" E, a d~a~anoa of 5~.0~ :o a poin~ on aha Haa:at~y ~ina o': Congtam.a Avanual :hanes 00' 5~' 39" g,'a~ong said Haa~at2y l~na, a diaean~a o~ fee: eo a poln~ 'Chance aadia~ Eeak ~o a ~in~l thence ~ OO' 59' 39" ~, a diet,naa oE 230.00 :aa: to a point{ thence H ORe 05' 26" ~, a dia~anca Og 340.00 ~ee~ to a poin~l ~henoe ~ 00' 59' 39' ga A dis:aries o~ {50.00 fae~ eo A ~in~/ thence fi Sa' 05' 26" W~ ~ die,ARea O~ 340.00 and con:ain/ng 107;95 saree o~ ~and~ mo~e o~ ~eaa. AND £aet, ~elm Oeaoh Chun)y, Florida, being, more particularly described &· (ollo~sf Co~ence At the Along 'tho Ho£th ~nUth '1/4 diCta·aa O( 3S.00 2~.OO /sac to the princlplL point And place il beginning o( the ~ollo~lng deaarlptions Thence continuing If 07· 5a* 21m E a die,anco o( 20.01 /eec to · para)tit ~lth said )forth South li9t.23 (eot to a point on the South right-of-way tine of CA·ltl the·G· H fine 05' 26" £, Along said South.right-of-way line, · dlAtance o~ 432.99 (eot to A poi·ti thence S O* o~' 26' ~,"~ distance o( X4S.OO /eot'to a poi·ti thence 293.22 [ee~ along an arc to the right, having A radium o£ 420.00 ~eeC and A Gho~d o~ 267.30 /eec bearing $ 20e OSI 2A" ~1 thence 294.96 [l~, Itoflg an ira to the*taft having A radius o~ dtztlnae o~ 70.00 /let to A polfltj thO·Ge 234.S7 ~,sc, Along An ara ts thA right, having A radius o[ 320.00 229.36 feet blaring S 9' 05' 26# Hj the·Ge 134.54 /oat, Along Irc Co the ~e/t having A redJus die)LnG· of 23.67 ~eet to A polfl~l thence 227.77 ~esc~ Along An irc to the right having A radius 20~06 ~*.t, bearing $ 42° 5fl* 21 07' 21# H° · dla'tlnGi o£ 72,34 feet to A poi·ti the·GA O* SX° S~a ~ · dieclnGe il '05,00 [em~ to the point o~ bmgJnnfng end cofl~&lnJng 8'. 61~ ICFi· O( land mare or 'I ) · i- 8-98 lB:lO ;DEBARTOLO HQ~S,