Title
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
Body
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 ...
Click here for full text