Title
A Resolution of the City Council of the City Of Foley, Alabama, Denying the Request for a Waiver From the Moratorium for the Property Located at Southeast Corner of County Road 32 and Bucolic Lane
(Phase 1 of Andover Lakes)
Body
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 161.53 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), with the PUD portion located to the South of the R1-D portion;
WHEREAS, the developers of Andover Lakes, prior to the moratorium taking effect, submitted a master site plan for the entire 161.53 acres and a PUD site plan, and the PUD site plan was 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, the developers of Andover Lakes could otherwise develop the PUD portion of the development notwithstanding the moratorium, however they cannot get roads built to the PUD portion without completing the Land Disturbance Permit process over the R1-D portion of the development, and it is not prudent to build the roads without the preliminary plat for the R1-D portion to be approved;
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 as to the entire R1-D portion of the project, but then amended their request to only seek a waiver from the Moratorium as to Phase 1 of the R1-D portion of the property;
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 PUD was 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. The PUD portion, which is ready for development, cannot physically be built without Andover Lakes pulling Land Disturbance Permits to build the roads over the R1-D portion, and such roads would necessarily create a subdivision of the R1-D portion by dividing that land into separate parcels.
6. The City of Foley received a letter from Andover Lakes’s agent on July 14, 2025, requesting a waiver from the moratorium. Said agent sent another letter to the City on July 25, 2025, amending its original request for a waiver by limiting the waiver to only Phase 1 of the R1-D portion of property, as shown on the Phasing Plan that was previously submitted to the Planning Commission prior to 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 since it would physically prohibit the development of the PUD portion of the development since no roads could be built to reach the PUD portion of the development.
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, which physically prohibits the development of the PUD portion, 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. By limiting the waiver to only Phase 1 of the R1-D portion of the development, the request 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 conditions, 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. Denies of Relief: Based on these findings, the City Council approves the requested waiver for Phase 1 of the R1-D portion of the Andover Lakes Project from the provisions of Ord. No. 25-2017 subject to the following conditions:
CONDITIONS OF APPROVAL:
1. The waiver only applies to Phase I of the R1-D portion of the development as shown on the previously submitted phasing plan for the development.
2. Until the Moratorium is lifted, only the two access points within Phase I can be constructed.
3. Adherence to all applicable local and state codes and ordinances.
Section 3. Effective Date: This Resolution is effective upon passage.