AGENDA #11

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Wilshire Place– Application for Special Use Permit Modification

DATE: June 11, 2001

INTRODUCTION

On May 7, 2001, the Town Council closed the Public Hearing on Wilshire Place Special Use Permit Modification application for a multi-family residential development. After discussing the application, the Council deferred action on the proposed development until tonight’s meeting.

The proposed site is located in the 100 block of South Estes Drive between East Franklin Street and Willow Drive. Adoption of Resolutions A, B, C, and D would approve a Special Use Permit Modification to authorize construction of a 12-unit residential building on the 1.4-acre site. Resolution E would deny the application.

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:

¨ Cover Memorandum: Provides staff and applicant responses to issues raised at the Council’s meeting on May 7, 2001, and offers recommendations for Council action, including resolutions of approval and denial.

¨ Attachments: Provides background on the development proposal and comments on issues raised during the Public Hearing, correspondence received during and following the Public Hearing, and a copy of the April 18 and May 7 Council memoranda and related attachments.

Background

On May 7, 2001, the Council closed the Public Hearing for consideration of the Wilshire Place Special Use Permit Modification application, to authorize construction of a multi-family residential building on a 1.4-acre site. Questions regarding the application were raised after the May 7 Public Hearing was closed, and action is being continued tonight to receive applicant and staff responses to these questions. We note that, on April 18^th, the Council determined that contiguous property would be defined as those properties adjacent to this site.

This is an application for a Special Use Permit Modification. The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit Modification application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it regarding its compliance with the standards and regulations of the Town’s Development Ordinance; we have presented a report to the Planning Board; and on May 7 we submitted our report and preliminary recommendation to the Council.

The standard for review and approval of a Special Use Permit application involves consideration of four findings. The Council must make all four of these findings in order to approve a Special Use Permit:

1) That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare.

2) That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 12, 13, and 14 and with all other applicable regulations;

3) That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity; and

4) That the use or development conforms with the general plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Plan.

The May 7 Public Hearing memorandum discussed the four findings as related to this application, including both supporting and opposing evidence for each finding. We have provided the Public Hearing materials as an attachment to this memorandum.

If, after consideration of the evidence submitted at the Public Hearing, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit Modification shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

KEY ISSUE

The following key issue was discussed by the Council at the May 7 Public Hearing:

The applicant offered to provide a $10,000 payment-in-lieu to Orange Community Housing Corporation rather than providing affordable housing on-site. Council members moved to defer consideration of the application as presented to allow the applicant to further address the provision of affordable housing and recommended that the applicant return with a revised proposal.

The adopted Comprehensive Plan encourages providing 15% affordable units in developments greater than 5 units, which in this case would be 1.8 units of the 12-unit development. In the attached letter the applicant provides a revised proposal. The applicant offers a $36,000 payment-in-lieu of providing a 15% affordable housing component on site. The payment-in-lieu would be provided to Orange Community Housing Corporation. The applicant and Robert Dowling, the Executive Director of Orange Community Housing Corporation, have provided letters discussing in detail their support of this financial arrangement in-lieu of affordable housing (see Attachments 7 and 8).

Staff Comment: We have included a stipulation in Resolutions A, B, C, and D, based on the applicant’s proposal that a $36,000 payment-in-lieu be made to the Orange Community Housing Corporation, prior to issuance of the first Certificate of Occupancy.

Recommendations

Advisory Board recommendations are summarized below.

Planning Board Recommendation: The Planning Board reviewed this application on April 3, 2001 and voted 9-0 to recommend that the Council approve the application without reference to a specific resolution. Please see the attached Summary of Planning Board Action, part of Attachment 9.

Transportation Board Recommendation: The Transportation Board reviewed this application on April 3, 2001, and voted 6-0 to recommend that the Council approve the application with the adoption of Resolution A. Please see the attached Summary of Transportation Board Action, part of Attachment 9.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on March 21, 2001, and voted 8-1 to recommend that the Council approve the application without reference to a specific resolution. Please see the attached Summary of Community Design Commission Action to the Council, part of Attachment 9.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on April 10, 2001, and voted 4-1 to recommend that the Council approve the application without reference to a specific resolution. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action to the Council, part of Attachment 9.

Parks and Recreation Commission: The Parks and Recreation Commission voted unanimously (7-0) to recommend that the recreation requirements for this application be met with a payment-in-lieu. Please see the attached Summary of Parks and Recreation Commission Action to the Council, part of Attachment 9.

Manager’s Revised Recommendation: Based on our evaluation of the application, our conclusion is that the application complies with standards and regulations of the Development Ordinance. Accordingly, we recommend that the application be approved with the adoption of Resolution A, the Manager’s revised recommendation.

Based on the revised offer made by the applicant subsequent to the Public Hearing, we have revised Resolutions A, B, C, and D to include the applicant’s most recent proposal:

· The applicant has offered to provide a $36,000 payment-in-lieu of providing affordable housing on site to the Orange Community Housing Corporation. Stipulation #33 in Resolution A at the May 7 Council meeting made a similar payment-in-lieu offer for $10,000.

· In accordance with the applicant’s May 7 offer, Stipulation #34 in Resolution A from the May 7 Council meeting required that the applicant donate the existing structure to Orange Community Housing Corporation, Habitat for Humanity, or a comparable provider, if possible. The applicant has been unable to find an interested low-income housing provider to whom the existing residential structure could be donated. We understand that the condition of the house and associated moving costs did not make it viable to move the structure. Stipulation #34 has been removed from Resolution A from the May 7 Council meeting.

Resolutions A, B, C, and D have been revised accordingly. These issues are discussed in Attachments 1, 7, and 8.

Resolution A would approve the application based on the recommendations of the Transportation Board.

Resolution B would approve the application based on the recommendations of the Planning Board.

Resolution C would approve the application based on the recommendations of the Community Design Commission and Parks and Recreation Commission.

Resolution D would approve the application based on the recommendations of the Bicycle and Pedestrian Advisory Board.

Resolution E would deny the application.

WILSHIRE PLACE SPECIAL USE PERMIT MODIFICATION

DIFFERENCES AMONG RESOLUTIONS

ISSUE	Resolution A Transportation Board Recommendation and Manager’s Revised Recommendation	Resolution B Planning Board Recommendation	Resolution C Community Design Commission and Parks and Recreation Commission Recommendation	Resolution D Bicycle and Pedestrian Advisory Board Recommendation
Save the 2 large hardwoods near NW property line; replace if trees die.	Yes	Yes	*	*
Require sidewalk to Estes Dr., if feasible.	Yes	*	*	Yes
Accept $36,000 payment-in-lieu to Orange Community Housing Corporation for Affordable Housing	Yes	Yes	Yes	Yes

*This issue was not discussed at this particular advisory board’s meeting.

ATTACHMENTS

1. Issues Raised during the May 7, 2001 Public Hearing (p. 7).

2. Resolution A – Approving the Application (p. 8).

3. Resolution B – Approving the Application (p. 14).

4. Resolution C – Approving the Application (p. 15).

5. Resolution D – Approving the Application (p. 16).

6. Resolution E – Denying the Application (p. 17).

7. June 1, 2001 Letter From Wilshire Boulevard Associates Partnership (p. 18).

8. June 1, 2001 Letter From Orange Community Housing Corporation (p. 20).

9. Maximum Affordable Housing Costs Derived From 2001 Department of Housing and Urban Development Median Family Income for Raleigh-Durham-Chapel Hill (p. 21).

10. May 7, 2001 Public Hearing Memorandum and Related Attachments (begin new page 1).

11. April 18, 2001 Public Hearing Memorandum and Related Attachments (begin new page 1).

ATTACHMENT 1

WILSHIRE PLACE

Questions/Issues Raised at the May 7, 2001 Public Hearing

There was one key issue raised at the May 7 Public Hearing.

1. AFFORDABLE HOUSING

At the May 7 Public Hearing the applicant offered to provide a $10,000 payment-in-lieu to Orange Community Housing Corporation rather than providing affordable housing on-site. The Council moved to defer consideration of the application as presented to allow the applicant to further address the provision of affordable housing.

The adopted Comprehensive Plan encourages providing 15% affordable units in developments greater than 5 units, which in this case would be 1.8 units of the 12-unit development. In the attached letter the applicant provides a revised proposal. The applicant offers a $36,000 payment-in-lieu of providing a 15% affordable housing component on site. The payment-in-lieu is provided to Orange Community Housing Corporation. The applicant and Robert Dowling, the Executive Director of Orange Community Housing Corporation, have provided letters discussing in detail their support of this financial arrangement in-lieu of affordable housing (see Attachments 7 and 8).

Staff Comment: We have included a stipulation in Resolutions A, B, C, and D based on the applicant’s proposal that a $36,000 payment-in-lieu be made to the Orange Community Housing Corporation. The stipulation will require that full $36,000 payment-in-lieu be donated to the OCHC prior to issuance of the first Certificate of Occupancy.

ATTACHMENT 2

RESOLUTION A

(Manager’s Revised Recommendation and

Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR WILSHIRE PLACE (2001–06–11/R-18a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Robert N. Anderson, Jr. on property identified as Chapel Hill Township Tax Map 47, Block A, Lots 7, 21, 22B, and 23 (PIN numbers 9799034313, 9799037226, 9799035187, and 9799023967); if developed according to the site plan prepared on October 19, 2000 and conditions listed below, would:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform to the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for Wilshire Place in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin by May 7, 2003 (two years from the date of Council approval) and be completed by May 7, 2004 (three years from the date of Council approval).

2. Relationship to 1979 Special Use Permit Modification: This authorization is intended to be in addition to the terms of the Town Council, September 24, 1979 Special Use Permit Modification document recorded in deed book 280, page 176 of the Orange County Register of Deeds and is not intended to change the previously approved and developed phases 1-3.

3. Land Use Intensity: This Special Use Permit Modification authorizes:

· construction of phase 4 as 14,500 square feet of new residential floor area to include;

· one 4-story building with 12 dwelling units; and

· construction of an 18-space parking lot, including 14 under-building bays (each counted as a single space) and 4 outside spaces.

The total floor area authorized for the 4-phase development is 46,480 square feet. The aggregate authorized land use intensities, for phases 1 through 4 (existing and proposed) are as follows:

· Total # of Buildings: 4

· Maximum # of Parking Spaces: 120

· Gross Land Area (acres): 4.14

· Minimum Outdoor Space (s.f.): 159,541

· Minimum Livability Space (s.f.): 106,689

4. Subdivision: That phase 4 may be subdivided from phases 1-3.

5. Cross-Access Easement: That the applicant shall provide a cross-access easement through the phase 4 residential site, to be delineated on the recorded Final Plat and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

6. South Estes Drive Access: That the following note be added to the Final Plans and subsequent plats: The driveway access along South Estes Drive is subject to limited right in and right out movements and/or removal without compensation to the owner, if, in the opinion of NCDOT or the Town of Chapel Hill, traffic safety and/or traffic operational problems develop at this location.

7. Pedestrian Access: That a sidewalk shall be provided, connecting the building to Estes Drive, via the Estes Drive frontage, if feasible.

Stipulations Related to Required Improvements

8. Town Standards: That all new streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards. Catch basins and underground stormwater pipes (rather than drainage swales) shall be utilized to collect stormwater.

9. Parking Spaces: That a total of 18 parking spaces shall be provided, including: 14 bays beneath the building (each counted as a single parking space) and 4 outside parking spaces, and 3 handicapped spaces in phase 4. This will increase the aggregate total number of parking spaces in phases 1-4 to 120.

Stipulations Related to Landscape Elements

10. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

11. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees will be removed and preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

12. Landscape Bufferyards: That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirement, the vegetation shall be protected by fencing from adjacent construction:

Bufferyard Location	Buffer Required
The Center (west)	20 ft. Type ‘C’¹
Chapel Hill Professional Village (north)	20 ft. Type ‘C’
Chapel Hill Professional Village (east)	20 ft. Type ‘C’
South Estes Drive (south)	30 ft. Type ‘D’

1. Approximately 230 feet of the buffer on the western property boundary is shared with The Center.

13. Protection of Significant Trees: That the applicant shall attempt to save the two large hardwoods (15” oak and 18” maple) between the drive aisle and northwest property line and replace them with like species if they die.

14. Tree Protection Fencing: That the tree protection fencing shall be erected around all existing vegetation that is to remain on site.

15. Catch Basins and Stormwater Pipes: That catch basins and stormwater pipes shall be utilized as part of street construction, in order to minimize land disturbance in buffer areas. Drainage swales or other detention facilities shall not be established in the required landscape bufferyards.

16. Slopes in Buffer Areas: That all newly graded landscape buffer areas shall not exceed a 3:1 slope.

17. Buffer Plantings: That all canopy trees installed in graded buffer areas shall be a minimum of 3 – 3½” caliper when installed. Also, all small trees installed in graded buffer areas shall be a minimum of 8 feet in height.

18. Planting Strips: That five-foot wide planting strips shall be provided between drive aisles and each building, where possible.

19. Parking Lot Screening: That parking areas shall be screened in accordance with Section 14.6.6 of the Development Ordinance.

Stipulations Related to Utilities

20. Utility/Lighting Plan Approval: That the final utility/lighting plan shall be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager before issuance of a Zoning Compliance Permit.

21. Utility Lines: That all new utility lines, other than 3-phase electric power distribution lines, shall be underground.

Stipulations Related to Fire Protection/Fire Safety

22. Fire Flow: That a fire flow report shall be prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

23. Fire Hydrant Location: That fire department connection(s) on all new structures shall be located within 50 feet of a fire hydrant, subject to the approval of the Town Manager, prior to the issuance of a Zoning Compliance Permit.

24. Sprinkler System: That new buildings shall have sprinkler systems in accordance with Town Code, which shall be approved by the Town Manager.

Stipulations Related to Refuse and Recycling Collection

25. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for the recycling, management, and minimization of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

26. Heavy-Duty Paving: That all new drive aisles that provide access to dumpsters or recycling facilities shall be constructed to Town standards with heavy-duty pavement.

Miscellaneous Stipulations

27. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations, the lighting plan, and any proposed alternative buffers for the site, prior to the issuance of a Zoning Compliance Permit.

28. Stormwater Management Plan: That a Stormwater Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate shall not exceed the pre-development rate.

29. Stormwater and Water Quality Best Management Practices: That stormwater detention and water quality management shall be accomplished with an alternative system such as an underground system with a slow release into a level spreader to facilitate sheet flow into the western buffer area, to be approved by the Town Manager.

30. Drainage Easements: That stormwater infrastructure shall be located within a recorded drainage easement and an approved operations and maintenance plan shall be approved prior to issuance of a Zoning Compliance Permit.

31. Recreation Requirements: That applicant shall provide a payment-in-lieu for on site recreation space according to requirements in Section 13.7.10 of the Development Ordinance.

32. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete, and that a note to this effect shall be placed on the final plat.

That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.

33. Affordable Housing Payment-In-Lieu: That the applicant shall provide a $36,000 payment-in-lieu for the provision of affordable housing to the Orange Community Housing Corporation (OCHC) prior to the issuance of the first Certificate of Occupancy.

34. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.

35. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. A performance guarantee shall be required, in accordance with the Town Code of Ordinances, and the guarantee shall be approved by the Town Manager prior to issuance of any permit authorizing land-disturbing activity.

36. Open Burning: That no open burning shall be permitted during the construction of this development.

37. Silt Control: That the applicant shall take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

38. Construction Sign Required: That the applicant shall post a construction site identification sign following the issuance of a building permit, prior to the start of any construction activity on the site. The sign’s message shall include the following:

A. Project Name;

B. Identification of Property Owner’s representative (including phone number);

C. Identification of architects, engineers, contractors, and other individuals or firms involved with the construction (including phone numbers); and

D. Identification of the Town of Chapel Hill Planning Department (including phone number) as the contact for regulatory information.

The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

39. Plant Rescue: That the applicant is encouraged to conduct a “plant rescue” for this site, after the issuance of a Zoning Compliance Permit and prior to the start of construction.

40. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

41. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit Modification for Wilshire Place.

This the 11^th day of June, 2001.

ATTACHMENT 3

RESOLUTION B

(Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR WILSHIRE PLACE (2001–06–11/R-18b)

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform to the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.

2. Pedestrian Access:Remove Stipulation #7 from Resolution A.

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit Modification for Wilshire Place.

This the 11^th day of June, 2001.

ATTACHMENT 4

RESOLUTION C

(Community Design Commission and

Parks and Recreation Commission Recommendations)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR WILSHIRE PLACE (2001–06–11/R-18c)

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform to the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.

2. Pedestrian Access:Remove Stipulation #7 from Resolution A.

3. Protection of Significant Trees: Remove Stipulation #13 from Resolution A.

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit Modification for Wilshire Place.

This the 11^th day of June, 2001.

ATTACHMENT 5

RESOLUTION D

(Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR WILSHIRE PLACE (2001–06–11/R-18d)

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform to the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.

2. Protection of Significant Trees: Remove Stipulation #13 from Resolution A.

BE IT FURHTER RESOLVED that the Council hereby approves the application for a Special Use Permit Modification for Wilshire Place.

This the 11^th day of June, 2001.

ATTACHMENT 6

RESOLUTION E

(Denying the Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR WILSHIRE PLACE (2001–06–11/R-18e)

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, and

4. Conform to the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council finds:

(INSERT REASONS FOR DENIAL)

BE IT FURTHER RESOLVED that the Council hereby denies the application for a Special Use Permit Modification for Wilshire Place.

This the 11^th day of June, 2001.