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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 Southwest Corner Of Springsteen Lane And Bender Road
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WHEREAS, the Hall Group, LLC (“Hall Group”) has been in the process of obtaining various development permits from the City of Foley for its project, The Grove at Foley Beach Apartments (hereinafter the “Project”);
WHEREAS, the Project is situated at the southwest corner of Springsteen Lane and Bender Road within the municipal limits of the City of Foley;
WHEREAS, the property consists of nineteen (19) acres and is zoned R-3 (residential multifamily);
WHEREAS, The Hall Group entered into a contract on October 4, 2024, to purchase the property and develop it as residential multifamily with the benefit of the Workforce Housing Tax Credit, a pilot program of the Alabama Housing Finance Authority;
WHEREAS, the Hall Group verified the zoning with the City of Foley on December 11, 2024;
WHEREAS, the Hall Group applied for the Workforce Housing Tax Credit on January 7, 2025, and received a Notice of Award on March 27, 2025, for this Project and said award is site specific;
WHEREAS, throughout February, March and April, 2025, the Hall Group met with various City of Foley representatives and other professionals in order to finalize the site plan prior to applying to the Planning Commission for Site Plan Approval for 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, the Hall Group failed to submit an application to the Planning Commission for Site Plan Approval prior to the implementation of the moratorium;
WHEREAS, the Hall Group applied for a waiver from the moratorium on June 16, 2025;
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, 2024.
2. Prior to purchasing the Property, the Hall Group confirmed the zoning of the site with the City of Foley;
3. The Hall Group applied for and received an award from the State of Alabama’s inaugural Workforce Housing Tax Credit program. Under the terms of the award, the Hall Group must commence construction in the 2025 calendar year. Further, the award is site specific.
4. In order for the Project to advance to permitting, the project requires preliminary and final site plan approval from the City of Foley Planning Commission.
5. The moratorium currently suspends this activity.
6. The City of Foley received a letter from the Hall Group on June 16, 2025, requesting a waiver from the moratorium.
7. This Project risks its Workforce Housing Tax Credit award if it does not move forward. For this reason, the Project will suffer a unique, substantial, immediate, and material hardship that is not self-created and that cannot reasonably be mitigated without the requested waiver.
8. This Project is only one of three projects within the State of Alabama that received a workforce housing tax credit award. Given the uniqueness of the funding, and the deadlines tied to the funding, granting a waiver from the moratorium will not create a precedent or result in circumvention of the purpose or intent of this Ordinance.
9. 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.
10. Provided the Project develops in compliance with the current City of Foley regulations and meets the intent of any applicable amendments to the zoning ordinance, 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.