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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, GRANTING DENYING THE REQUEST FOR A WAIVER FROM THE MORATORIUM FOR THE PROPERTY LOCATED AT SOUTHEAST CORNER OF COUNTY ROAD 32 AND BUCOLIC LANE
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WHEREAS, Andover Lakes Development (“Andover Lakes”) has been in the process of obtaining various development permits from the City of Foley for its project, Andover Lakes (hereinafter the “Project”);
WHEREAS, the Project is situated on 151.53 acres (the “Property”) at the Southeast corner of County Road 32 and Bucolic Lane within the municipal limits of the City of Foley;
WHEREAS, the property is split-zoned with zoning designations of PUD (90.67 acres) and R1-D (71 acres);
WHEREAS, the developers of Andover Lakes, prior to the moratorium taking effect, submitted a master site plan for the entire 151.53 acres, and the Master Plan and PUD were approved by the Planning Commission; and
WHEREAS, the PUD has since been modified, which reduced density and increased setbacks, but the PUD modification was approved conditioned upon three turning lanes being built to serve the development from County Road 32, and all three being constructed at the time of the first phase of the development; and
WHEREAS, the change in the access caused changes to need to be made to the R1-D portion of the development since that portion was to be transversed by the three access points to County Road 32; and
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, the developers of Andover Lakes need to apply for a Land Disturbance Permit and Preliminary and Final Plat subdivision approval for the R1-D portion of the development, but these applications are held up by the Moratorium;
WHEREAS, paragraph 5 of the Moratorium ordinance provides a process by which a developer may request a waiver from the temporary suspension imposed by the ordinance;
WHEREAS, Andover Lakes 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 2024.
2. The Master Plan and PUD were approved by the Planning Commission on September 23, 2024.
3. On September 30, 2024, a modification of the PUD was approved, which reduced density and setbacks.
4. The PUD modification was approved conditioned upon three turning lanes off of County Road 32 being constructed at the time of the development.
5. If the R1-D parcel is determined to be under the moratorium, the result will be that Andover Lakes will have to access the approved PUD through the 71 acres which is under the moratorium.
6. The City of Foley received a letter from Andover Lakes’s agent on July 14, 2025, requesting a waiver from the moratorium.
7. Given the amount of time, and due diligence Andover Lakes has expended on this Project, Andover Lakes 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. Given the uniqueness of this development, the split zoning, and the fact that the PUD portion is not held up by the Moratorium, but it is only accessible through the R1-D portion that is held up from the Moratorium, the 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 previously approved PUD and master plan, as amended, 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. Denial of Relief: Based on these findings, the City Council approves the requested waiver for the Andover Lakes 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.