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Planning commission approves three Live Oak Village phases after residents raise wetlands, buffer and parking concerns

Foley City Planning Commission · April 15, 2026
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Summary

The Foley City Planning Commission granted preliminary approval to Live Oak Village phases 4, 5 and 7 (totaling roughly 43.4 acres and 101 lots) on April 15, 2026 despite resident concerns about wetlands, tree removal, parking and construction access; Commissioner Larry Engel voted against each approval citing lot-size and wetland worries.

The Foley City Planning Commission on April 15 granted preliminary approval to Live Oak Village phases 4, 5 and 7, developments that together cover roughly 43.4 acres and 101 residential lots along Underwood Road and Cedar Street.

Residents at the public hearing urged the commission to require additional protections and amenities. "Will turn lanes be installed off Underwood and Cedar?" asked Stephen Rogosky, a nearby resident. Developer representative Chloe Kelly of 68 Ventures told the commission left and right turn lanes will be added at the Underwood entrance and that the construction entrance will use the public right-of-way to avoid crossing wetlands. Kelly said no builder is contracted yet and that they expect to know which builder in about "8–9 months."

Residents raised multiple concerns: Sharon Bertschi asked about tree loss and the buffer across a swale; Pat McDonald said the existing clubhouse and amenities would not accommodate the new homes; Karen Przysucha and another commenter warned that small lot sizes and limited parking would worsen current parking shortages. An audience member said trees had already been cleared across from the Savannah Circle entrance; staff said they would conduct a site visit.

Staff and agency responses. Planning Director Miriam Boone recommended approval. City Engineer Taylor Davis told the commission that Riviera Utilities currently has strong electric capacity, new water wells have been added and the wastewater system was upgraded four to five years ago, giving room for additional connections. Environmental Manager Jackie McGonigal said phases 4 and 7 border wetlands and that a wetland delineation and full detailed plans will be required when the developer submits a land development permit; she noted staff can place stop-work orders and require remediation if post-storm or random inspections find adverse wetland impacts.

Public-safety and debris management. Chief Darby, the City of Foley fire chief, said a city ordinance generally prohibits burning debris from land clearing; forced-air incinerators are allowed only under strict conditions and he said he was "unlikely to permit any burning at this site" because of nearby residences and the municipal airport.

Commission votes. The commission voted to approve each phase after motions and seconds: Phase 4 (approx. 30 acres, 54 lots) passed on a motion by Commissioner Vera Quaites and second by Commissioner Calvin Hare with a 4–1 vote (Commissioner Larry Engel voted no). Phase 5 (approx. 6.75 acres, 36 lots) passed on a motion by Commissioner Hare, seconded by Quaites, with Engel again the lone no vote. Phase 7 (approx. 6.65 acres, 11 lots) passed after Commissioner Deborah Mixon moved and Quaites seconded; Engel voted no.

What happens next. The approvals are preliminary; developers must submit detailed land development permits, including a wetland delineation and technical design documents, before clearing or construction can begin. Staff indicated sidewalk installation will be required and that per-lot contributions were agreed to address potential wear on nearby roads.

The commission adjourned at 5:28 p.m.