by Leslie Lytle, Messenger Staff Writer

At an April 20 special-called joint workshop of the Monteagle Planning Commission and Council, Monteagle attorney Sam Elliott stressed, “Anything the planning commission does that effects property rights has to have due cause.” Elliott was responding to Alderman Nate Wilson’s question about the planning commission being advised at the April 4 meeting they had “exceeded their authority by restricting the [proposed Hideaway subdivision] Wren’s Nest entrance to emergency vehicle action only.” Elaborating, Elliott said “if the determination was traffic was going to be too much in that intersection, the courts generally are going to accept that as a due cause.”

Elliott said the subdivision, as proposed, would be in compliance with the law by having two entrances that could be used by emergency vehicles, but he expressed concern about “enforcing” emergency-only use at the restricted entrance. A resident pointed out fire code allowed for a gate.

Commissioner Dan Sargent expressed concern about subdivision residents with emergency medical issues exiting the subdivision with only one entrance. Alderman Greg Rollins said the original site plan proposed three entrances and the developers could return to that plan, giving subdivision residents two egress points. Echoing the position of current Monteagle residents at previous planning commission meetings, a resident insisted, “The Wren’s Nest intersection is already a mess.”

In the special-called meeting following the workshop, none of the commissioners present proposed the commission reconsider the decision to restrict the Hideaway Wren’s Next entrance to emergency access. The commission held to their March 7 vote which supported residents’ concerns about traffic.

Elliott also took up questions about zoning. He said without a general plan “it was unadvisable to do spontaneous rezoning changes” based on anticipated growth. He also said spot zoning, zoning a property different from adjoining properties, potentially violated the constitutional right to “equal protection” by treating one property different from another “even though they share the same characteristics.”

A resident asked how the planning commission was to be guided in decisions about rezoning since the town had no general plan and the council had revoked Ordinance 1207C which established five criteria rezoning needed to meet.

Elliott acknowledged he advised the council to revoke the ordinance since the rule was not typical in other towns, and the first criterion said rezoning must conform to the general plan, when Monteagle had no plan.

Mayor Greg Maloof said Ordinance 1207C may have been removed improperly because, according to records, a public hearing was not held to discuss the issue.