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 Andov...
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