by Leslie Lytle, Messenger Staff Writer

At the Sept. 1 meeting, the Monteagle Planning Commission revisited data centers in response to the Monteagle Council’s action the previous evening, banning data centers outright instead of adopting an ordinance amendment limiting them to Industrial zoning as a special exception. The Commission also took up another issue on the table as a consequence of a Council discussion the night before: municipal land acquisition for the rehabilitation and enlargement of the pump station behind Waffle House.

The rationale for the proposed ordinance amendment limiting data centers to Industrial zones was that Monteagle has no property zoned industrial. Commenting on the Council’s reason for not adopting the ordinance, Commissioner and Alderman Dan Sargent said, “It was the wrong way to go about it. We felt like we wouldn’t have good footing in a court of law if we were challenged. We would be declaring we were not allowing something in an area that doesn’t exist.”

Town planner Jonathan Rush concurred. “Anything you have as an industrial use, you have to have an industrial zoned area for,” Rush said. “You can’t use zoning to outright ban anything.” Rush pointed out Monteagle had assigned Adult Entertainment to Industrial zoning for the same reason.

“A data center sits in a different category from Adult Entertainment,” said Alderman Grant Fletcher. “We have further justification for not allowing data centers. The difference with a data center is infrastructure limitations. That’s the avenue we’re going to go down with legal to make sure Tennessee code can allow it [an outright ban].”

“It’s zoning without mentioning zoning,” Rush cautioned. He cited the alternative of a moratorium on data centers. “I see a lot of moratoriums in Tennessee based on ‘We’re working toward regulations.’”

At the August meeting, the commission asked Rush to draft a more concise definition of a data center to be used in the proposed amendment. Since the amendment did not pass, the commission did not review and took no action on the definition Rush prepared.

Taking up the municipal land acquisition issue, Commissioner and Alderman Nate Wilson explained part of the current pump station was not on the town’s property, due to a boundary line mistake. Also, the rehab and enlargement of the pumping station required more land and easements, with the total land acquisition less than an acre.

At the Council meeting, Mayor Greg Maloof proposed condemnation of the land needed.

“Condemnation is not a great look,” Wilson acknowledged, “but that would allow us to bypass planning and zoning and for the property transfer to take place more quickly. In other places in Tennessee, acquisitions for municipal services are not subject to planning and zoning.”

“State law says the division of property five acres or less for transfer has to go through the subdivision process,” Rush said elaborating on Wilson’s point. But Rush added, “In many cases, local governments can choose not to be put under enforcement of those regulations.”

Wilson proposed Monteagle exempt land acquisitions for municipal services from the subdivision process, which would require a site plan and hiring an engineer. “[The exemption] would save government money,” Wilson observed. He maintained the subdivision process was not “relevant to municipal services acquisitions.”

Fletcher suggested a one-time exemption.

“Can you imagine a scenario where land acquisition for water and sewer needed to go through the subdivision process?” Wilson asked in reply.

Commissioner Dan Brown spoke in favor of amending the ordinance to allow the exemption. The commission voted unanimously for approval. For the ordinance amendment to be adopted, the amendment must go before the Council for a vote, as well.