Baldwin approves Cook annexation dispute agreement

BALDWIN, Ga. — Baldwin officials have approved a negotiated agreement intended to resolve Habersham County’s objection to Cook Construction’s proposed annexation, moving the dispute closer to a resolution after several months of negotiations.

Mayor Doug Faust announced the approval Wednesday, saying the City Council approved the Annexation Dispute Final Order during Tuesday evening’s meeting. The order will now be submitted to the arbitration panel appointed by the Georgia Department of Community Affairs for consideration.

The panel must still adopt the agreement. If it does, Baldwin can move forward with considering Cook Construction’s annexation request, Faust said.

“The panel must still consider the agreement,” the mayor said in the release. “If the panel adopts it, Baldwin will be able to move forward without further delay with its consideration of Cook Construction’s annexation request.”

Cook Construction applied to annex and rezone approximately 45 acres in unincorporated Habersham County for a proposed commercial development near the intersection of State Road 365 and Duncan Bridge Road. The property is proposed for Highway Business zoning.

Habersham County objected to the annexation, prompting the DCA to appoint an arbitration panel to address the dispute. The panel was appointed Sept. 17, according to the final order.

The city’s approval follows negotiations involving Baldwin, Habersham County, Cook Construction and property owner Shadow Stone Partners. The parties developed the proposed final order after several months of discussions, Faust said.

The mayor said the final order was provided to the city Monday evening and reviewed and approved by the city Tuesday evening.

Arbitration panel schedules review

The arbitration panel has scheduled a special called meeting for Nov. 13 at 10 a.m. to consider Baldwin’s annexation of the six parcels identified in the dispute.

According to a public notice, the meeting will take place in the second-floor conference room of the Habersham County Administration Building, 130 Jacob’s Way, in Clarkesville.

The notice identifies the matter as the Duncan Bridge Road annexation and lists parcels 050 002C, 050 047B, 048 023, 048 023A, 048 022 and 048 022A.

The panel’s consideration is the next step in the process. If it adopts the negotiated final order, Baldwin can move forward with considering Cook Construction’s annexation request, according to Faust. The notice does not specify whether the panel will vote on the final order during the Nov. 13 meeting.

Agreement includes development conditions

The proposed final order outlines several conditions that would apply to the development if the annexation and associated zoning take effect.

Among them, Cook Construction would be required to provide Habersham County at least 3 acres of land for a fire station, law enforcement station or other public safety facility intended to serve the development and surrounding area. The donation would be due within 24 months after the effective date of annexation and zoning approval.

The agreement also requires a traffic impact study before the first development or building permit is issued for any portion of the property. The applicant must coordinate with the county, city and Georgia Department of Transportation regarding potential transportation improvements.

A portion of the property identified for possible future transportation improvements would be subject to a seven-year restriction on permanent buildings. That restriction would apply only to the designated transportation coordination area, not necessarily the entire development site.

The order also lists prohibited uses, including data centers, amusement parks, salvage yards, solid waste transfer stations and outdoor shooting ranges.

The conditions would be imposed by Baldwin as part of the annexation and would remain in place for at least two years from the date of annexation. The separate seven-year restriction would apply to the designated transportation area.

The final order does not itself annex the property or grant final development approval. The arbitration panel must still consider the agreement before Baldwin can resume consideration of the annexation request.

Previous delay

Baldwin previously tabled action on the annexation in September after City Attorney Sammy Tomasello cautioned that moving forward while the county’s objection was in arbitration could put the city’s Qualified Local Government status at risk.

That designation can affect a city’s eligibility for certain state grants and financing. At the Sept. 15 meeting, Tomasello said state law did not specifically prohibit the city from voting on the request, but warned that proceeding during arbitration could raise questions about whether Baldwin was acting in good faith.

The council opted to table the matter while negotiations continued.