3 annexations approved; Agreements reached with other property owners

By Brian Knox | Published Wednesday, July 12, 2017
Tags: ,

Share this page...

The city of Decatur got a little bit bigger Monday.

The city council involuntarily annexed three tracts of land and came to development agreements with property owners of eight other tracts of land that will allow them to stay in the city’s extraterritorial jurisdiction and not in the city, at least for five more years.

The action came at the end of months of public hearings, meetings between city staff and property owners and writing ordinances and development agreements.

After the owners of some tracts of property identified for involuntary annexation voiced concerns or opposition to coming into the city, the council voted to extend offers of development agreements to all property owners. Those agreements basically required the owners continue the current use on those properties, with no new development, and the city in return would agree not to annex the property for at least five years.

Three property owners either didn’t respond or declined to accept the agreement, and the council voted unanimously to bring those tracts of land into the city.

Those properties include the following:

  • 16.54 acres located north and west of Cemetery Road and East of Farm Road 730 owned by Vincent Tricomi
  • 8 acres located east of Farm Road 51, west of Old Reunion Road and south of Joe Wheeler Park Road owned by Full Life Assembly of God Church
  • 3.442 acres located east of South College Avenue, north of U.S. 81/287 and south of Eagle Summit Drive owned by MLLCA, Inc. (near the Shell station)

Property owners from the other eight tracts identified for annexation did sign the agreement. Some of the agreements, such as one signed by Chris and Micah Fernihough, were signed on Monday.

Chris Fernihough had expressed concerns at numerous public hearings about being annexed into the city. Those concerns included the loss of one of his seasonal businesses – a fireworks store – due to city ordinance prohibiting the sale of fireworks in the city limits as well as the cost of connecting to city water and sewer services and adhering to other city codes.

Brenda McDonald with the law firm of Messer, Rockefeller and Fort, who has worked with the city on the annexation process, explained the agreement had worked to address those concerns.

“Some changes were made to this agreement today that clarify that the fireworks sales will be permitted in the temporary trailer that they have been sold out of previously and would not occur in the buildings the way all the other uses would occur,” McDonald said. “And then we included one more change just to be clear that the owner was agreeing not to construct any buildings not shown on Exhibit ‘C.’

Exhibit ‘C’ was a photo of the property showing the current businesses and work that has started for future businesses on the property.

McDonald said a similar agreement was reached with the property where McMaster New Holland is located.

“It is the result of them sending documentation they had begun construction of the development of a future building, so the development agreement to the resolution acknowledges that and allows them to continue that development,” she said.

Other property owners who accepted the development agreements offered by the city included Kathleen Ashley, Double Creek Capital, Wanda Dixon and James Dixon, Trey Taylor, Karl Klement Properties and Kenny and Gloria Bryan.

All of the council’s actions on both the agreement and the annexations were unanimous votes.

At the end of the meeting, Mayor Martin Woodruff thanked everyone who had been involved in the annexation process.

“I would like to thank the staff and especially Brenda and everyone who has had a hand here – property owners working with us, and being patient with us through this process,” he said. “I appreciate all the hard work that has been done.”

Leave a Reply. Note: As of March 24, 2011, all posted comments will include the users full name. News and Blog Comment Guidelines

You must be logged in to post a comment.