Property Description & Other Legal Issues

• the Lodge and 6.56 acres (Haralson County Parcel #0052 0043)     
• Adjoining (or sub-divided) land parcel of 61.9 acres (Haralson County Parcel #0052 0043A) 

A geo-analysis of the topographical survey and water course features of the property will reveal that the 70 acre property is bisected by Blalock Creek which trends North-South through the property flowing North following the base of a steep escarpment on the East-- rising 100' to a ridge line, and essentially rendering 2/3 of the property inaccessible by vehicle, and only usable as a heavily-wooded nature preserve for hiking, equestrian trails, or even 4-wheelingATV's. 

The top of the ridge on the East, is on a neighboring property, and is accessible by a very rough logging road from Pleasant Hill Church Road, which is available for our use to reach the upper elevations of our own property.

The property is rumored to be an ancient native habitation and/or burial site.

• Five (5) R-1 residential lots (approximately .37-.40 acres each) on Pleasant Hill Church Road. Lots 30, 31, 32, 33, and 34 which are incorporated into the "Gold Creek-Phase 2" subdivision in Haralson County LL 52, are directly across the road from the Lodge--  allowing for expansion of cabins or housing clusters- for a concept of any business plan that would incorporate an expansion of guest facilities, or camp. The five residential lots are incorporated into the city of Tallapoosa, and enjoy all of the city services. The original cost to provide such infrastructure, water and sewer was about $15,000 per lot.
  
• The lots in Gold Creek Phase II, have restrictive covenants.

• All restaurant equipment & fixtures (individual items)      

 The Hidden Creek Lodge and it's  6.56 acre parcel is currently zoned commercial C-NB under the Haralson County Municipal Code §50-119. 

In  consideration of the language in the Haralson County Municipal Code, we are currently correctly zoned as C-NB under the §50-119 rules for the intended purpose of an Alcohol Rehab & Recovery facility. 

While it appears that  §50-117 may be more  more applicable because of it's specific mention under subsection (2) specifically mentioning "Health Service Clinics", subsection 119 incorporates any and every purpose as allowed under subsection 117, and as well, permits such operations as a neighborhood business.

Haralson County Code Sec. 50-117. 

General commercial permitted uses and requirements.

All commercial uses shall be constructed, maintained, and operated to be neither injurious nor offensive to occupants of nearby or adjacent premises owing to the creation or emission of noise, smoke, vibration, dust electrical disturbance, toxic or noxious waste material, odor, fire, explosive hazard, glare, or traffic generation.

...(2) Health service clinic, including a pharmacy as an accessory use, shall be permitted and health service practitioners, including physicians, surgeons, chiropractors, dentists, and other licensed practitioners similar in character to those herein listed.  

There will requirement to obtain a Haralson County Business License for the operation of the facility.  

Under  Haralson County Code Sec. 12-39. - Regulatory fees, it states "A regulatory fee in the amount established from time to time by the board of commissioners is hereby imposed, as authorized by O.C.G.A. § 48-13-9 on the following businesses:"

(14) Nursing and personal care homes;

The interpretation of the semantics of an alcohol rehab facility to be construed to mean a "personal care home", although the language in -117 code is more concise in defining the businesses"

"(2) Health service clinic, including a pharmacy as an accessory use, shall be permitted and health service practitioners, including physicians, surgeons, chiropractors, dentists, and other licensed practitioners similar in character to those herein listed."