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
Along Philomene Holmes Boulevard
Body
WHEREAS, the right of way for Philomene Holmes Boulevard was graciously donated to the City of Foley by the owner, and serves as an access road to the Graham Creek Nature Preserve; and
WHEREAS, when the right of way was donated, there was a condition that the City of Foley would build and pave the road to city road standards with the understanding that, one day, the owner would be able to develop or subdivide their remaining land using the road as infrastructure; and
WHEREAS, the owner of the remaining land proposes to build a 48-lot subdivision along both sides of the western portion of Philomene Holmes Boulevard (the “Holmes Subdivision” or the “Project”);
WHEREAS, the Project will not require any road infrastructure construction as each of the 48 lots will be accessed directly from Philomene Holmes Boulevard;
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 Holmes Subdivision need to apply for a Land Disturbance Permit, Site Plan approval, and Preliminary Plat subdivision approval for the Project, 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, the Holmes Subdivision owners 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 owner graciously donated to the City of Foley the right of way for Philomene Holmes Boulevard, which provided a critical connection between the Foley Beach Express and the Graham Creek Nature Preserve which greatly increased accessibility to the park.
2. The Holmes Subdivision was always contemplated by the City and the property owner to be developed as residential lots facing Philomene Holmes Boulevard.
3. No new road construction will be required for this Project, and only minimal infrastructure such as sidewalks and walking paths are contemplated, either or both of which would compliment the Graham Creek Nature Preserve.
4. In light of the owner’s gracious donation of the right of way, and the minimal infrastructure required by the Holmes Subdivision, the owner would suffer a unique, substantial, immediate, and material hardship that is not self-created and that cannot reasonably be mitigated without the requested waiver.
5. Given the uniqueness of this development, and the circumstances surrounding Philomene Holmes Boulevard, the granting a waiver from the moratorium will not create a precedent or result in circumvention of the purpose or intent of this Ordinance.
6. 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.
7. 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 denies the requested waiver for the Holmes Subdivision 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.