by Leslie Lytle, Messenger Staff Writer

The zoning change and zoning ordinance amendment recommended for adoption at the Sept. 6 Monteagle Planning Commission meeting were both weighed against a five-findings standard that had not been adhered to since November of 2021 when the Monteagle Council voted to delete section 1207C from the zoning ordinances. “It was not taken away legally, and it still exists,” said Commission Chair Ed Provost. “There was no public hearing before the second reading,” explained Mayor Greg Maloof. “Absent a public hearing, according to our attorney, it was not removed properly.”

The decision to delete 1207C, during Mayor Marilyn Rodman’s administration, was made following a heavily fraught decision where the council struggled with applying the five findings when rezoning a tract to accommodate the proposed Petro truck stop project. [See Messenger, May 28, 2021]. Going forward, all Monteagle zoning ordinance amendments, and so changes to the zoning map, will be weighed against those standards: “agreement with the general plan for the area;” the amendment “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.”

Applying these criteria, the commission recommended the council approve rezoning a five-acre tract on the corner of Highway 41 and Ingman Road from C-2 commercial to R-3 residential to accommodate subdividing the property into eight half-acre lots for single family homes with three to four bedrooms. The commission previously rezoned the tract from R-3 to C-2 for a commercial project. The owner decided not to move forward with project and sold the tract to current owner, Jessie Goodman. Commissioner Richard Black questioned if the zoning change would be considered “spot zoning.” Town planner Jonathan Rush replied, “If you look at the surrounding neighborhood, it doesn’t change the intention of this portion of town … there are commercially zoned areas there and also high density residential zoned areas there.” Goodman said he abandoned his original plan for townhouses due to inadequate sewer capacity for a 30-unit project in that area. The tract has soil tested for septic sewage treatment. Goodman anticipates a cul-de-sac design with access on Ingman Road.

The commission also voted to recommend allowing campgrounds as a special use in both C-2 and C-3 zoning. The commission originally recommended a zoning amendment restricting campgrounds in C-2 to a special use approved by the Board of Zoning Appeals to give the town more control over development. The council asked the commission to expand the development possibilities by allowing campgrounds in C-3 as a special-use-on-approval as well. The commission’s reevaluation of campground location was prompted by a February request to locate a campground on C-3 property, which did not allow campgrounds, and the planning process being undertaken by the American Institute of Architects [See Messenger, May 10, 2024].