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Habersham Commission objects to annexation plans for shopping center in Baldwin

By: Brian Wellmeier

Habersham County Commissioners Meeting Monday, February 16.
Habersham County Commissioners Meeting Monday, February 16.

The Habersham County Commission objected to a proposed annexation that could make way for a shopping center in the city of Baldwin during its regular meeting Monday, Feb. 16.


The vote was unanimous, placing Baldwin in the position of either moving forward through arbitration or abandoning the proposal altogether.


The property is currently zoned low-intensity. Cook Construction has requested the property be rezoned to highway business — a significant change from its current designation.


County Manager Tim Sims
County Manager Tim Sims

Habersham County Manager Tim Sims noted the action was not a rejection, but a formal vote of opposition to the planned annexation. Following the vote, Sims said Baldwin will have the opportunity to proceed with readings and formal approval of the annexation, though that could lead to legal challenges through arbitration.


“We’re objecting to the annexation request,” Sims said. “By state law, we have no authority to deny it…(the proposal) does not meet our land use criteria and it will be an increase in use of our infrastructure. We just don’t have the capability to handle that.”


If approved — and if it prevails through legal challenges handled by Georgia’s Department of Community Affairs — developer Cook Construction could annex a portion of 100 acres into Baldwin city limits for the proposed shopping center, according to Habersham County Planning and Development Director Mike Beecham.


Habersham County Planning and Development Director Mike Beecham
Habersham County Planning and Development Director Mike Beecham

Beecham said at least half of the property could be developed into a commercial shopping area, though the use of the remaining acreage remains unclear. He added that potential development costs, if approved, are not yet known.


Beecham told commissioners that an objection to the annexation would need to be “based on a material increase in burden” on county infrastructure and land use. He said the proposed concept plan — which he called a “drastic increase” in zoning — could bring additional traffic to the area, estimating 24,000 vehicles per day based on Institute of Traffic Engineers data.


“That’s only roughly 60% of the property they’re (seeking) to annex,” Beecham said. “That doesn’t include the other 40%. But to give you an idea…the current traffic count on (GA) 365 just north of this property is 28,000 (vehicles a day).”


He added: “Now, not all of those people will get on (GA) 365. But a significant portion will go south into Baldwin, and that is a county road…in my opinion, that creates a significant increase in burden for the county.”


According to Beecham, there were 200 traffic accidents at Duncan Bridge Road and GA 365 within the last year.


Baldwin Mayor Doug Faust, who was not present for the vote, told WCHM Radio prior to Monday’s meeting that he would not “make a hypothetical” and preferred to “wait and see what happens” after the commission’s decision.


On Tuesday, Feb. 17, Faust said he plans to consult with council members and the city’s attorney before a decision is made.


Habersham County Commission Chair Bruce Harkness
Habersham County Commission Chair Bruce Harkness

Following Monday’s unanimous vote, Habersham County Commission Chair Bruce Harkness described the board’s reasoning behind the objection.


“All this does is kind of put this a little bit on pause, so we can get more information and ensure (the applicant) is doing everything their supposed to do and conduct the studies, and make sure those studies include the school board and traffic and so forth,” he said. “…growth is coming, but this is an opportunity we had to hit the pause button.”


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