Residents speak out, Habersham County Commission tables controversial Christian retreat

The Habersham County Commission voted Monday, May 19, to table a conditional use permit request for a proposed Christian retreat development on Kennedy Mountain Road in the Batesville community in North Habersham.

Property owner Jim Draper had submitted a request for a conditional use permit to construct 17 dwellings—including 11 cabins—on his 73-acre property. The proposal, intended as a faith-based retreat, drew both support and opposition from local residents during the meeting.

Planning Commission

Prior to the public hearing, Planning and Development Director Mike Beecham summarized the request for the conditional use permit for the commission. He advised the commissioners that the planning commission had unanimously denied the request during its May 6 meeting.

Beecham informed the commission that there had been some discussion of modifying the development plan, but those plans had not been submitted to his office at this time.

At the planning commission meeting, county documents revealed that a large number of citizens spoke on the matter. Two individuals plus the applicant spoke in favor of the project. However, 11 people spoke in opposition to the proposed development.

Public hearing

During the public hearing at the county commission meeting, two individuals spoke in favor of the project, including Lew Oliver, the designer of the development. Oliver surprised commissioners and attendees by introducing a revised version of the plan that significantly reduced the number of proposed dwellings.

The revised version reduced the number of buildings from 17 to three. The new design showed only two cottages and a barn/carriage house. Oliver expressed that this was an attempt to reach a compromise with local residents. “ After the last meeting, there’s been some discussion, both from me and Jim Draper, with some of the residents of the area in an attempt to bring about a reasonable compromise,” he said.

However, County Attorney Ralph Taylor immediately advised the commission that it could not consider the new design, as the hearing was publicly noticed for discussion of the original application involving 17 units.

Batesville resident Joe Inglis spoke in favor of the project. He told the commission that he had been on the property and had seen the plans for the development. “I think it would be a real asset to the community up there,” Inglis said.

From his understanding during the planning commission meeting, under the current zoning, the property could be developed into a 50-lot subdivision. Inglis felt that the plan that Draper currently has would cause less impact to the area compared to the possible alternative.

After Inglis’ comments, Oliver attempted to withdraw the application altogether, but Taylor again advised that the hearing proceed as scheduled based on the publicly advertised request.

Opposition

Six residents spoke in opposition to the project, citing concerns about environmental impact, increased traffic, and potential effects on the quality of life in the rural area.

Lawrence Bridges was the first to speak in opposition to the project. He explained to the commission that he met with Draper last week about his proposed development and drove around the property. “It’s one beautiful piece of property, and it needs to stay that way,” he told the commission.

Ownership questioned

Bridges outlined several concerns about the proposed development. One key issue was who actually owned the property, and whether the application for the conditional use permit was legitimate. “The property is actually deeded to Goshen Branch Mountain Retreat, so I’m not really sure if the application is correct and legitimate,” he said.

He pointed out to the commission that during his conversation with Draper, he was operating as a short-term rental without a license, a matter Bridges felt needed to be addressed.

Bridges addressed Kennedy Mountain Road itself. He told the commission that the gravel road was very narrow and treacherous. Bridges explained that over the years, residents have seen increased traffic from motorcycles and jeeps passing through the area using that road to get to Lake Burton.

Environmental concerns

He also explained that the water table fluctuates greatly in that area. His concern is that waste water from septic systems for the proposed development would pool in the area where water already stands during the wet season. He fears that the waste water would end up in Goshen Creek and eventually to the Soque River.

Bridges asked the commission to agree with the recommendations from the planning commission for denial of the development.

Todd Valentini, another resident on Kennedy Mountain Road, addressed the commission in opposition to the proposed development.

One concern that Valentini had was the potential for more wells being drilled in the area to obtain water. He explained to the commission that several years ago, he ran his well dry just by irrigating some plants in his yard. He added that it took about six hours for it to recover.

Non-profit status

Another concern about the development he explained to the commission was the fact that it would be a Christian retreat. Having that designation could open the door for Draper to seek a non-profit charitable designation as a religious organization for the property. This designation would make the organization completely exempt from state and local property taxes.

Valentini explained that public safety and road maintenance would have to be absorbed by the county to provide those services with less revenue that the county already receives.

He expressed to the commission that he hoped they would take his comments into consideration.

Four others spoke to the commission, reiterating comments already made by Valentini and Bridges.

Resubmit-without delay

After hearing comments from both supporters and opponents, the commission voted to table the matter. Tabling the conditional use permit gives the property owner the ability to withdraw his original application and resubmit a new application to the planning commission without a delay.

Had the county commission denied the conditional use permit, the property owner would have to wait six months to resubmit the application. Beecham told the commission the soonest the revised application could come before the commission would be during its August meeting.