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The EPD has stated that due to receiving significant interest in the draft permit, they will schedule a public hearing via Zoom for the end of February.
The DiVine Village RV & Cabin Resort is back in the spotlight, after a public notice published in The Nugget prompted several readers to pen fresh letters to the editor on the subject.
At least two iterations of the project at 3084 Town Creek Church Road have been discussed over the last two years.
The initial plan, labeled the Dreamscapes Development, called for 60 RV pads, 20 tent sites and other amenities including an outdoor amphitheater, a beer hall and an event center.
After neighboring resident Katherine James took her concerns about the development to the County Planning Board in August of 2021, developer Tom Petrillo tweaked his plan for the resort, eliminating the amphitheater and beer hall.
Since that time, no further public news had surfaced regarding the project. Now the developer has revised his plans again in an application for on-site wastewater processing.
A paid public notice from the Georgia Environmental Protection Division appeared in the December 20, 2023 edition of The Nugget.
The notice stated that the EPD had received “a new application for the reissuance of an existing LAS [Land Application System] permit” on the property in question.
The purpose was to get approval for an on-site sewer collection system that would include separate septic tanks for treating waste from the campsites, a common 41,240-gallon pump tank, and 9.8 acres of LAS fields featuring nine drip irrigation zones.
The notice also provided a website and submittal number for the draft permit, and encouraged residents to review the document and share their comments or concerns, adding that the EPD would hold a public hearing on the permit if the Director finds a “significant degree of public interest.”
Following publication of the notice, a reader called to alert the paper that the reference number provided was incorrect, and did not lead to the relevant information.
The Nugget issued a correction the following week after obtaining the correct submittal number from the EPD.
WEIGHING IN
Several readers were quick to voice their opposition to the EPD proposal, writing letters to the editor that appeared in the January 3 edition.
After reviewing the plan online, Dahlonega resident Mike Miller pointed out that “the latest rendition of the plan calls for up to 186 RV spots,” three times the number originally proposed by the developer.
Katherine James noted that in addition to the 186 RV pads, the resort would include “81 casita sites, (Spanish for small self-contained home), two duplexes, a welcome center, club house, pool and ball courts.”
James added that “the sites are packed in like sardines” on the 110-acre lot. She said the EPD should deny the permit on the grounds that the development is “too dense,” and urged citizens to request a public hearing on the matter.
FINDING DISCREPANCIES
In addition to advertising the wrong submittal number for the application, the EPD’s public notice also mistakenly labeled the application as a permit “resissuance.”
A careful review of the online document showed that the applicant clearly marked the box stating “Apply for a new LAS permit.”
The Nugget reached out to a representative of the EPD for comment.
Wastewater Regulatory Program Manager Whitney Fenwick responded, confirming that “the information in GEOS and in the permit itself is correct, it is a proposed new permit.”
Even though the 30-day window for public comments doesn’t technically expire until January 20, Fenwick indicated that the EPD Director had already made a decision.
“We have received significant interest in the draft permit, and have received several requests for us to hold a hearing. We will be scheduling a public hearing for the end of February,” Fenwick stated.
Although an exact date has not yet been set, Fenwick indicated that the EPD will run an additional public notice with the date and time of the hearing in mid-January, and that notice will be posted at least 30 days prior to the hearing date.
When asked where the hearing would be held, Fenwick said the agency’s public hearings are now held “virtually using the Zoom platform and participants can use the Zoom app, web browser, or telephone to participate.”
Fenwick also said the hearing will be held on a weeknight in the evening “to accommodate the largest number of participants.”
COUNTY INVOLVEMENT?
County Manager Alan Ours recently confirmed to The Nugget that “a Special Land Use Application is not proposed for this development,” meaning there are no County-hosted public hearings on the immediate horizon.
Board of Commissioners Chairman Chris Dockery said when the project first surfaced, the property was governed under the old land use regulations as it pertains to campgrounds.
“When this project first came about, I think there was a lot of concern about the density issue of campers in that area,” Dockery told The Nugget. “So what the BOC did is we put a moratorium on any future development like that until we could review the regulations.”
Dockery said the changes to Chapter 27 of the land use regulations affect setbacks, property lines and maximum densities for campgrounds. He said the question is which set of regulations the project should be governed by.
“The initial determination is that it falls under the old regulations, since it was already in motion. I think the thing we may have to take a hard look at is, what the latest project plans show is different than what was presented under the old regulations,” Dockery explained.
Dockery said County staff is currently working to resolve that legal question.
He also said that he was as surprised as anyone else to read about the potential addition of 81 casitas to the resort. Dockery said his understanding is that they are permanent structures with a kitchen and bathroom that guests could pull their RV’s beside.
“That begs the question, how is that interpreted? Is that the same as a house? Because you can only have one house per acre, according to the land use regulation,” Dockery added.
DEVELOPING SITUATION
Meanwhile, Petrillo pushed back against the idea that the casitas could ever be used as stand-alone residences.
“It has a kitchen, dining room, bathroom, etc. It doesn’t have bedrooms. It’s popular in the luxury RV rental market. It is a contained building, but normally it’s contained with those moveable walls,” the developer said.
Petrillo also said he did not anticipate filing a Special Land Use application with the County.
“It should be noted that this park is actually a luxury resort. This isn’t a campground, this isn’t a camping park, this has high-end amenities that are a part of the overall program and plan. It all fits perfectly within the land use, so I don’t need to create variances at all,” Petrillo said.
In regards to his EPD application, Petrillo said he is an environmentalist at heart and has chosen an oversized waste management system to make sure there are no problems later on.
“We’ve been embracing the community all along to make sure people are aware that we’re adding value to the community. We are not intending to be a ‘gun-and-go’ developer. We’re looking to add real value to the community, and that’s how we’re approaching this,” he said.
But Petrillo may have more work to do in order to convince County officials of his position.
“I think the Board of Commissioners has some serious concerns about what’s being proposed,” Dockery said.
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Detailed information can be obtained by visiting the website https://geos.epd.georgia.gov/GA/GEOS/Public/GovEnt/Shared/Pages/Main/Login.aspx
Click on “Public Inquiry Portal: Search for Applications and Permits Submitted in GEOS” and entering the correct Submittal No. 805263 in the appropriate box or by entering the Permit No. GAJ040050 in the appropriate box.