BALDWIN, Ga. — The Baldwin City Council canceled Tuesday night’s public hearing on the proposed Cook Construction annexation after determining the application was not properly advertised under Georgia law, delaying the process at least another month.
Mayor Doug Faust said the city must restart the required legal notice process, meaning the earliest a public hearing could now be held is April 7.
“The clock resets on advertising the public hearing,” Faust told Now Georgia following the meeting.
City officials said the annexation application was not properly noticed in compliance with OCGA 36-36-57, which requires publication in the city’s legal organ for three consecutive weeks prior to a public hearing.
“The city sincerely apologizes for this error,” Faust said during the meeting. “We did follow the zoning requirements. We put the publication and the posting of a sign, but unfortunately it was missed that we had to do something different for the actual annexation.”
The zoning portion of the request was properly advertised, officials said, but annexation requires a separate notice under state law. The public hearing was formally removed from Tuesday’s agenda.
County objection complicates timeline
The delay comes as the annexation is already under review following a formal objection by the Habersham County Board of Commissioners.
Faust said the county’s appeal to the Georgia Department of Community Affairs places limits on the city’s ability to take final action.
“It’s out of our hands because they’ve appealed to DCA,” Faust said. “DCA has to make a determination.”
If DCA determines the dispute qualifies for arbitration, the state would impanel an arbitration panel to review the matter.
“We are not able to vote on anything until the arbitration has either been denied by DCA or set up,” Faust said.
However, Faust clarified that the city may still conduct a public hearing during the state review process.
“A public hearing isn’t taking action,” he said. “It’s just learning more.”
In practical terms, even if Baldwin holds a hearing April 7, no final annexation vote could occur until the state dispute process is resolved.
Public questions regional impact and process
Although the public hearing was removed from the agenda, the annexation was still discussed during public comment.
Former Baldwin councilwoman Alice Venter urged council members to closely review traffic and planning materials posted on Cook Construction’s website related to the GA 365 corridor.
Venter referenced a corridor planning study that discusses Georgia Department of Transportation projections, but said portions of the material date back to 2006 and reference Hall County rather than Habersham County.
“I highly recommend that you all go to their website and go through this final report,” Venter said.
She also questioned the status of a Development of Regional Impact application, which would require review by DCA if certain project thresholds are met.
“I understand that the DRI application has been submitted, but DCA is not reflecting that on their website,” Venter said.
Venter asked council members to clarify how the city plans to proceed with arbitration, re-noticing the public hearing and coordinating with state officials.
“So I just want to know what the process is, so that we the public can know what to expect,” she said.
Background on the proposal
The request from Cook Construction seeks to annex approximately 88 acres into the city, combining it with 21 acres already inside Baldwin’s limits, for a total of roughly 109 acres along the GA 365 corridor near Duncan Bridge Road.
The developer has requested highway business zoning for a proposed commercial development that includes retail space, restaurants, a gas station, an anchor grocery store, a medical office building and a senior living facility.
The council approved the first reading of the annexation request Feb. 3. A second reading and final vote would follow a properly noticed public hearing and resolution of the county’s appeal through the state process.
