by Leslie Lytle, Messenger Staff Writer

“The purpose of this meeting is to address a technical defect in the process relating to the rezoning of the RBT property,” Chair Iva Michelle Russell announced, opening the May 10 Monteagle Planning Commission special called meeting. (See related story “Monteagle Reconsiders Truck Stop Rezoning on May 4” on page 5.)

“Our new zoning ordinance has a provision that reads the planning commission and town council have to make certain findings in connection with rezoning. While it is arguable our original actions…addressed those considerations, we did not do so in a literal sense.”

The 4.6-acre tract in question is a portion of a parcel slated for inclusion in a 20-acre truck stop RBT Enterprises hopes to construct. For the project to go forward, the tract needs rezoned from R-3 to C-3. The planning commission originally recommended the rezoning at the Feb. 2 meeting. The Town Council held a public hearing and approved the rezoning on first reading March 29 and on second reading April 26.

Citing the ordinance, Russell said a zoning amendment must be in agreement with the general plan for the area; not violate the legal grounds for zoning provisions; have no adverse effects on adjacent property owners unless such adverse effects can be justified by the overwhelming public good; have no material benefit to one property owner or small group of property owners; and warrant change to the general plan because conditions affecting the area have changed.

Russell noted Monteagle did not have and was not required by law to have a “general plan” so the provisions referring to the “general plan” were “not relevant to our consideration tonight.”

Taking up RBT’s request for rezoning the tract to C-3, Russell offered 3 minute speaking times to parties with an interest in the outcome.

RBT investor Rodney Kilgore said, “We bought this as commercial property…There’s a truck stop next door.” (Note: the former C-3 zoning status of the 4.6-acre tract was determined to be invalid due to inadequate meeting notice when the council approved a new zoning map in 2018. See Messenger Nov. 4, 2020.)

“You can’t stop development if it’s by rules and by the laws,” Kilgore said referencing advice from RBT’s engineer.

Rusty Leonard, attorney for RBT, stressed the revenue the city would receive and the jobs created by the project. The proposed development was “not just a truck stop,” Leonard said, “but a travel center” with restaurants which would draw visitors to other Monteagle businesses.

Billy Best, who resides on property neighboring the proposed development, countered the tax revenue from the truck stop “would go to Marion County first and they decide what we [Monteagle] get from that portion…There are employees wanted signs all up and down this town…The traffic study says there’s not going to be any increased truck traffic at this exit, so why is it going to bring more revenue to this town?”

A 3-inch-thick binder on display at the meeting contained objections to the project received by the planning commission on May 4, according to Russell.

Leonard argued engineer Jim Waller, cited in the complaint documents, “is not an expert on this project.”

Best insisted Waller was a West Point graduate and structural engineer with more than 50 years’ experience.

Asked for his observations on the tract under consideration for rezoning, town planner Garret Haynes said 70 percent of the tract was wetlands. The RBT site plan allocated the remaining 30 percent to parking.

The commissioners present voted unanimously to recommend the council rezone the tract to C-3. Commissioners Peter Beasley and MaryJane Flowers were absent.

Following the meeting, Best commented on the thick file of objections. Attorney Doug Barry compiled the complaint for the Neighbors group opposing the proposed truck stop. Best said the complaint documented storm water runoff and contamination, site preparation occurring without a building permit, and denial of Freedom of Information Act requests. A lawsuit brought by the Neighbors group against RBT Enterprises will be heard in Marion County Court later this month Best said.