by Leslie Lytle, Messenger Staff Writer

After lengthy discussion at the March 4 meeting, the Monteagle Planning Commission tabled a vote on a zoning amendment that would allow retail and commercial businesses in C-3 zoning. The commission approved guidelines for the Board of Zoning Appeals and site plans for a residential development and a B&B.

Monteagle currently allows retail and commercial businesses in C-1 and C-2 zoning, but not C-3. Challenging the proposed amendment, acting president Richard Black read from the zoning ordinance in place since Monteagle first adopted zoning in 1984. “C-3 interchange commercial district is intended to meet the special opportunities and needs at interchanges with interstate highways ... addressing the unique opportunities and problems created by access to the interstate highway. Excluded are those uses which do not provide services or accommodations directly toward interstate traffic.”

“I don’t see anything in here where retail and commercial meet the guidelines in C-3,” Black argued.

“The problem,” said town planner Jonathan Rush, “is there is no current definition [of retail and commercial].”

Black countered the ordinance defining C-3 specifically excluded some businesses, citing kennels, banks, pharmacies, flea markets, funeral homes, and golf courses.

Commissioner Alec Mosley observed, to allow all retail and commercial in C-3 “would do away with the idea that usages which did not provide services or accommodations directed toward interstate traffic are excluded ... it would destroy the concept of a C-3 zone.”

Alderman Dean Lay, who served as mayor when Monteagle adopted zoning ordinances, brought a historical perspective to the discussion. By the definition, the other interstate exit should also be C-3, but was zoned C-2, Lay pointed out. “At the Sewanee exit, we never wanted truck stops, firework stands, and that stuff. We tried to keep that out.” The Sewanee exit was originally zoned C-2, changed to C-3, then changed back to C-2. “We were always told [when zoning was adopted] C-3 was your catch-all zone for what you don’t want in the downtown district,” Lay said.

“Some retail and commercial, with definition, is appropriate,” said Commissioner Katie Trahan.

“If we were to amend the ordinance without further definition, how would the C-3 zone differ from the C-2 zone?” Mosley asked. “We wouldn’t need a C-3 zone, [aside from] there are some things permitted in C-3, not permitted in C-2, like a truck stop.”

“What is not retail?” asked Mayor Greg Maloof. “If you’re selling goods and services, is that not retail?”

The commission agreed with Maloof’s suggestion to table the proposed amendment and take up the questions raised in a workshop.

“The workshop is going to have to be involved in the definition of what fits in C-1, C-2, and C-3,” Black stressed.

The guidelines adopted for the BZA apply the same five criteria the planning commission and council must take into account when considering zoning amendments: “agreement with the general plan for the area;” that 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.”

The commission approved the site plan for the Joseph Estates subdivision on Laurel Trails Road. The site plan calls for five lots. Developer Paul Fantuzzi plans to build two story homes with three bedrooms and two-and-a-half baths.

The commission also approved the site plan for Pink Door Cottages, a home just off Main Street renovated by owner Deborah Reed for use as a B&B.