1/29/09

Island Crossing challenge dropped

by Beckye Randall

The City of Arlington is breathing a sigh of relief after the County Council voted against challenging a Superior Court decision that recognized the city's recent annexation of the Island Crossing area.

Councilman Dave Somers had presented a motion to appeal the December court ruling, saying it was a "mistake" to allow development in the area because it is prone to flooding. In a 3-2 vote, the council agreed to drop its appeal to the area's inclusion in Arlington's Urban Growth Area and the annexation.

The city already provides utilities to the 210 acres affected by the annexation. Fire protection, currently provided by Fire District 19 of Silvana, will transition to the city in November, and the city will also assume responsibility for police protection from the county. The area lies east of I-5 at Highway 530 and is already the site of several restaurants, gas stations and other commercial development.

Auto dealer Dwayne Lane plans to build a dealership on property he owns within the annexed area, although the recent flooding incident may require additional flood studies and mitigation before construction begins.

The City of Arlington began work on the annexation more than 17 years ago and has been involved in litigation over the area for the past 15 years. Although the county had been on the side of annexation throughout the process, councilmembers took an adversarial position with the city after a Supreme Court ruling in 2008, challenging the city's right to include the area in its Urban Growth Area.

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