Proposed shopping center, annexation delayed after Baldwin cancels public hearing

By: Brian Wellmeier

Photo: Baldwin City Council/Brian Wellmeier

A public hearing over a controversial proposed development in Baldwin was canceled just hours before its scheduled time on Tuesday, March 3.

The city of Baldwin was expected to consider the annexation, proposed by developer Cook Construction, for a potential shopping center off GA 365 and Duncan Bridge Road, but a legal error prevented the hearing from proceeding.

“We were required under Georgia law for the annexation to advertise three times in a row,” Baldwin Mayor Doug Faust said. “We followed the zoning requirements…but missed the requirements on the annexation. So we’re going to have to redo that, and then we can have a public hearing after three consecutive advertisements.”

The Habersham County Board of Commissioners voted unanimously to object to the proposed annexation in February. If the proposal were approved, Baldwin would be placed in the position of moving forward through arbitration – a legal battle between the county and the city overseen by Georgia’s Department of Community Affairs.

The 100-acre property located off GA 365 and Duncan Bridge Road is currently zoned low-intensity. Cook Construction has requested the property be rezoned to highway business – a significant change from its current designation.

Councilman Joe Elam said he’s been “going door-to-door” to gauge public sentiment on the annexation proposal. He told WCHM that the feedback has been overwhelmingly negative, and as of now, he believes rejection of the proposal is the will of the majority of his constituents.

“There’s a whole lot of people who are against this annexation,” Elam said. “That’s been represented in the audience we’ve had over the last few meetings. I have been getting predominate opposition from the citizens. I am elected as a representative of the citizens, and I intend to represent those citizens.”

During the public comment segment of Tuesday’s meeting, former Baldwin councilwoman Alice Venter told council that information presented on Cook Construction’s website regarding the site is not applicable to either the city or Habersham County.

“The (GA) 365 planning study on (Cook’s) website…about the traffic and (Department of Transportation) stuff, I encourage you all to go to the website and look. The DOT information is from 2006, and it also doesn’t have anything from Habersham County in here. The maps they reference are from Hall County, not Habersham County. I highly recommend (council) go to their website and go through this final report," Venter explained.

At the commission meeting in February, Habersham County Planning and Development Director Mike 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 last month. “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 city officials said a public hearing over the annexation could take place in April or May.