by Leslie Lytle, Messenger Staff Writer

At the Jan. 5 meeting, the Monteagle Planning Commission approved and recommended for the Monteagle City Council’s approval an ordinance reverting to the 2016 zoning map, with several exceptions, and adopting the 2021 Zoning Ordinance. The commission also approved the final plat and site plan for the Rocky Top Service Center conditional upon the council’s approval of the 2021 Zoning Ordinance.

Addressing the specifics of the map to be adopted, Garret Haynes, town planner with the Southeast Tennessee Development District, said the recommendation was to adopt the 2016 map, along with zoning changes correctly done between 2016 and 2018, and specifically excluding a 7-acre property in dispute. The zoning of the disputed property will be decided by the courts at a Jan. 15 hearing. The map previously in use, adopted in 2018, was of questionable validity due to inadequate hearing notification.

The zoning ordinance adopted in 2018 was, likewise, of questionable validity due to inadequate hearing notification. Hayes said the 2021 Zoning Ordinance (3-21) made three changes to the 2018 ordinance: one, rewording of the section establishing a board of zoning appeals to comply with state law; two, removal of the section calling for by mail notification of property owners residing within 300 feet of a property proposed to be rezoned; three, requiring signage on property proposed to be zoned including the proposed zoning change and public hearing date and place.

Mayor Marilyn Campbell Rodman said the council would meet on Jan. 18 and Jan. 25 to approve the map and zoning ordinance on first and second reading.

Taking up approval of the final plat presented by property owner Rodney Kilgore, which called for combining several properties into one, planning commission member Iva Michelle Russell noted the name on the document was RBT Enterprises. Kilgore said that was incorrect. Hayes confirmed Kilgore owned the property and said it would be acceptable for Kilgore to “mark through and correct” the name.

Moving on to approval of the site plan for Rocky Top Service Center, likewise owned by Kilgore, Rodman said the attorney representing Neighbors in Standing took issue with approving the site plan “since it is in question if the 2018 or 2016 zoning ordinance is in effect…if you go by the 2016 ordinance, the information was submitted one day late. By the 2018 ordinance it is correct.”

Planning commission member MaryJane Flowers recommended waiting until the Feb. 2 planning commission meeting to approve the site plan, since by then the 2021 Zoning Ordinance would be in effect. “If we approve it tonight, we’ll be hung up in legal, and it will be challenged,” Flowers said.

Russell pointed out, “We told Garret to review it by the 2018 ordinance. You [Kilgore] followed everything.”

“I feel it should be approved and let the lawyers fight it out,” said planning commission member Dorraine Parmley.

Rodman stressed the site plan was for the Rocky Top garage, not the proposed RBT Enterprises Petro Travel Center.

After discussion, the commission approved the Rocky Top Service Center site plan conditional upon final approval of the 2021 Zoning Ordinance by the council.

Monteagle resident Will Foehring called the commission’s attention to Kilgore’s statement at the July meeting that his site plan provided for adding two bays to his garage to comply with Petro requirements [see Messenger, July 10, 2020].

Kilgore’s attorney Rusty Leonard responded Kilgore intended to upgrade his property with or without Petro.

Foehring also presented documentation the 2004 zoning map showed a large portion of the proposed travel center property zoned residential. No Monteagle zoning ordinance existed which authorized the change to commercial, Foehring said.

Justifying the validity of the 2016 map, Rodman said after an extensive audit conducted between 2012-2016, MTAS, the city attorney, and the state comptroller recommended adopting the 2016 map as the “reference point” to rectify “contradictions.”

Resident John Dumanski, retired professional firefighter, expressed concerns the city did not have fire and police capacity to manage hazardous-materials fires and spills at the proposed travel center. Rodman stressed the issues Dumanski raised would be addressed in keeping with state regulations should the approval process for the travel center proceed.