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A Resolution Of The City Council Of The City Of Foley, Alabama, Granting The Request For A Waiver From The Moratorium For The Property Located At Northwest Corner Of Pride And Juniper
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WHEREAS, Nickle Creek Development, LLC (“Nickle Creek”) has been in the process of obtaining various development permits from the City of Foley for its project, Nickle Creek (hereinafter the “Project”);
WHEREAS, the Project is situated on 37 acres (the “Property”) at the northwest corner East Pride Boulevard and Juniper Street within the municipal limits of the City of Foley;
WHEREAS, the property is split-zoned with zoning designations of GPH-1 (28.4 acres) and B1A (8.68 acres);
WHEREAS, Nickle Creek first submitted a master site plan for the entire 37 acres to the City of Foley in October, 2023;
WHEREAS, as required by the zoning ordinance, Nickle Creek received preliminary site plan approval for the B1A section of the development on April 19, 2025;
WHEREAS, at the time Nickle Creek submitted the B1A section of the master plan for preliminary site plan approval, it did not believe it needed site plan approval for the GPH section of the site;
WHEREAS, it is now clear Nickle Creek needs additional land use approvals in order to proceed with the Project;
WHEREAS, the City of Foley passed Ordinance Number 25-2017 (the “moratorium”) on May 5, 2025, and said ordinance placed a moratorium on certain land use approvals for residential, mixed use and similar developments;
WHEREAS, paragraph 5 of Ord. No. 25-2017 provides a process by which a developer may request a waiver from the temporary suspension imposed by the ordinance;
WHEREAS, Nickle Creek applied for a waiver from the moratorium;
WHEREAS, based upon the facts and analysis presented, the City Council makes the following findings of fact:
FINDINGS OF FACT:
1. The Project was initiated in October, 2023.
2. The Project was granted preliminary site plan approval for the B1A portion of the Site on April 19, 2025.
3. In order for the Project to advance to permitting, the GPH portion of the site requires preliminary site plan and subdivision approval from the City of Foley Planning Commission.
4. The moratorium currently suspends these activities.
5. The City of Foley received a letter from Nickle Creek’s agent on June 13, 2025, requesting a waiver from the moratorium.
6. Given the amount of time, and due diligence Nickle Creek has expended on this Project, Nickle Creek will suffer a unique, substantial, immediate, and material hardship that is not self-created and that cannot reasonably be mitigated without the requested waiver.
7. This Project is located on the only property within the City zoned GPH1 and B1A. Given the uniqueness of this development, granting a waiver from the moratorium will not create a precedent or result in circumvention of the purpose or intent of this Ordinance.
8. The proposed development aligns with the spirit and objectives of the City’s currently adopted Strategic Plan, Comprehensive Plan, and other land use and development plans.
9. Provided the Project develops in compliance with the B1A section of the development by the Planning Commission, the proposed development will not cause, contribute to, or exacerbate any negative impacts on adjacent properties, public infrastructure, or the general public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, AS FOLLOWS:
Section 1. Incorporation of Recitals and Findings: The preceding recitals and findings of fact are accurate and incorporated herein.
Section 2. Granting of Relief: Based on these findings, the City Council approves the requested waiver for the Project from the provisions of Ord. No. 25-2017 subject to the following conditions:
CONDITIONS OF APPROVAL:
1. The proposed development must adhere to the normal review channels (planning commission, land development permits, and building permits).
2. Adherence to all applicable local and state codes and ordinances.
Section 3. Effective Date: This Resolution is effective upon passage.