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 Ex...
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