by Leslie Lytle, Messenger Staff Writer

At the Aug. 6 meeting, the Monteagle Planning Commission took action, making recommendations in response to two issues grappled with at the July 29 Monteagle Council meeting: campground location and site plan expiration. The commission also proposed Monteagle adopt an ordinance amendment more clearly defining convenience stores and prohibiting them in C-1 commercial zoning.

At the July meeting, the council rejected an ordinance amendment that would have allowed campgrounds only as a special use in C-2 commercial and R-3 residential zoning. The council wanted to see an ordinance amendment that allowed campgrounds as a special use in C-3 zoning as well.

Speaking to the background of the council’s request, Alderwoman Dorraine Parmley said a resident requested locating a campground on C-3 property months ago. Town planner Jonathan Rush said campgrounds were not allowed in C-3, and at the time of the request, the council voted not to change that rule and to restrict campgrounds in C-2 to special use on review. “I’m not big on campgrounds on Highway 41,” said Commission Chair Ed Provost. “If we look at each case stand alone, we get better results. Special use per incident is the way to go.” Commissioner Dan Sargent pointed out the proposed C-3 campground was in a forested area on Trussell Road. “Ninety percent of the community will never see it,” Sargent said. A resident suggested rezoning the Trussell Road property to C-2. “That would be spot zoning,” Rush replied. “We need to do something,” Provost said, noting the original request was made six months ago. “Time is of the essence.” Rush will draft an ordinance amendment allowing campgrounds as a special use upon review in both C-2 and C-3 zoning for the council to vote on at the Sept. 3 meeting. Currently campgrounds are allowed as a special use in R-3 and in C-2 with no review required.

At the July 29 meeting, the Monteagle council also struggled with a request to reinstate a building permit for a proposed truck stop, when according to Tennessee law, the site plan had expired. [See “Monteagle Truck Stop Controversy Flares Up Again,” Messenger, August 2, 2024]. In June of 2023, the planning commission recommended the council approve an ordinance amendment establishing criterion for expiration of building permits. “Due to clerical error, it [the recommended amendment] never came before the council,” Provost said.

The commission voted again to recommend adoption of the ordinance amendment addressing building permit expiration, adding a restatement of the provision stipulating, “Site plans lapse when the vested period provided by the TCA, Tennessee Code Annotated, has expired and no extension has been granted, and there is no active building permit when the vesting period expires. The project site plan must be updated and resubmitted to the planning commission prior to issuance of a new building permit if the project has not made progress in 12 months.” Provost stressed, “This is Tennessee Code. This is not something we have any leeway in.”

“Do we take into consideration the 17 months of litigation where nothing could have been done?” Parmley asked referring to the RBT truck stop project and a possible reason for granting leniency in determining site plan expiration. “I’m not commenting on RBT,” Provost said. According to Provost, he and Mayor Greg Maloof recently received a communication from the city attorney pertaining to the legal status of the project. The commission will review the attorney’s position at a workshop at 4 p.m., Sept. 3, immediately prior to the regular commission meeting. The commission will then make a recommendation to the council.

The amendment to the ordinance governing convenience stores established rules for size, parking, hours of operation (24/7 unless waived), and what products must be offered. The required product list includes “grocery type items,” as well as “beverages and snacks.” Rush said the entire central business district was zoned C-1, and the amendment would prohibit convenience stores there. The amendment will go to the council for approval.

The commission revisited a tabled request by Jessie Goodman to rezone a tract across from the National Guard Armory from C-2 to R-3 to build townhouses. In addition to rezoning, to move forward Goodman would need a connection to public sewer and an easement to cross public land to make the connection. Maloof said both the capacity of the line and easement across public land called for consultation with the city engineer. Commission rules only allow tabling a request twice. Rather than table the request a second time, Goodman withdrew the site plan on the advice of Rush. Following discussion with the engineer, Goodman will be allowed to resubmit without paying a second fee.