Monteagle Approves Rezoning, Deletes Rezoning Findings Requirement


by Leslie Lytle, Messenger Staff Writer

At the Nov. 15 special called meeting, the Monteagle Council approved, on second reading, rezoning a 5 acre tract to allow for commercial development and voted to delete an ordinance provision requiring the council to determine proposed rezoning met five criteria. The council also approved, on second reading, zoning amendments to personnel policy and beer sales.

At the meeting’s outset Vice Mayor Dorraine Parmley said, “There will be four ordinances on the agenda tonight we will be voting on. We cannot discuss anything else.”

The council first took up the ordinance rezoning a 5 acre tract on the corner of Ingman Road and Highway 41 owned by Jason Tate. No one came forward to comment at the public hearing on the rezoning prior to the meeting. The R-3 to C-2 rezoning will allow Tate to move forward with his intention to build a 6,000 square foot structure to house his screen-printing business [See Messenger, Oct. 8, 2021].

The second reading of Ordinance 20-21 deleted Subsection C of Section 1207. The deleted language required the planning commission and council to make specific “findings” when weighing a rezoning amendment. With the provision eliminated, the commission and council no longer need to take into account the following: the rezoning “is in agreement with the general plan for the area;” the rezoning “does not violate the legal grounds for zoning provisions;” possible “adverse effects upon adjoining or adjacent property owners unless such adverse effect can be justified by the overwhelming public good or welfare;” “that no one property owner or small group of property owners will benefit materially from the change to the detriment of the general public;” and “that conditions affecting the area have changed to a sufficient extent to warrant an amendment to the area’s general plan.”

At the September meeting, Mayor Marilyn Rodman pointed out the findings requirement had rarely been followed. City attorney Sam Elliot recommended removing the requirement [See Messenger, Oct.1, 2021].

Alderman Nate Wilson voted against deleting the findings requirement.

The amended personnel policy requires an employee injured on the job who wishes to file a claim for workmen’s compensation to report the incident to their supervisor within 24 hours. The amendment to the ordinance regulating beer sales prohibits sale, manufacture, and storage of beer within 200 feet door-to-door of a school, residence, church, or other place of public gathering. Previously the ordinance stipulated the 200-feet distance measurement applied from property line to property line [See Messenger, Oct. 29, 2021].

The council will not meet on Nov. 29, the regularly scheduled date.

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