CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving the first amendment to the Owner and Developer's Acknowledgement and Acceptance Agreement for the Hines Diehl Road Resubdivision - DEV-0030-2025
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Erin Venard, Development Manager
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
The subject property is located at 1200 E. Diehl Road, is zoned OCI (Office, Commercial and Institutional District), and is approximately 9.6 acres in size. The petitioner, Diehl Road Owner, LLC., intends to tear down the existing 2-story building and resubdivide the subject property into five lots. Lots 1 and 2 will each be improved with a 7,500 square foot building to be utilized for commercial and restaurant uses. A 5-story, 306-unit multi-family residential building will be constructed on Lot 3. The existing 2-story parking garage will remain on Lot 4, while Lot 5 will be improved with shared access and parking.
On June 17, 2025, the City Council approved the following ordinances relating to the project: (i) Ordinance 25-060 granting photometric deviations from Sections 6-14-4:3 of the Municipal Code; (ii) Ordinance 25-061 approving the final plat of subdivision and the Owner and Developer's Acknowledgement and Acceptance Agreement ("ODAA"); and (iii) Ordinance 25-062 approving a Final Planned Unit Development Plat.
DISCUSSION:
As noted above, Ordinance 25-061 included an ODAA that required the petitioner to form a management association. Duties of association were to include the management of the shared access and parking. City staff were recently informed by the petitioner's attorney that the petitioner no longer wished to form an association and would now rely on a declaration to enforce shared access and parking. Per the petitioner, the declaration, which is also a requirement of the ODAA, will be recorded against all of the properties in the subdivision and each property ...
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