by Leslie Lytle, Messenger Staff Writer

“A city council cannot use a resolution to override, waive, or grant an individual exemption from a binding ordinance,” said Monteagle resident Billy Best at the Oct. 6 Monteagle Planning Commission meeting, disputing Resolution 05-26 passed by the Monteagle Council Sept. 28. City attorney Sam Elliott prepared and recommended the council pass the resolution to enable Saffron, the new owners of the Petro truck stop property, to proceed with construction. Summarizing the background circumstances at the council meeting, Mayor Greg Maloof said, “There have been issues concerning the Exit 135 [Petro] truck stop area. It has gone to court four or five times to talk about vested rights, if the building permit had expired, etc. This [resolution] puts all those arguments to bed. We feel this is the best solution.” Building inspector and codes officer Travis Lawyer confirmed he had issued a building permit for the Petro truck stop and construction was underway.

Best maintained “the codes officer had zero legal authority to issue a master building permit,” because Monteagle ordinance stipulates the site plan must be approved before a building permit is issued. The planning commission approved the Petro site plan conditionally in 2021, pending submission of a revised plan for final approval. “The revised site plan on the RBT [Petro] site was never submitted,” Best stressed. Addressing commission chair Richard Black, Best said, “In a conversation with you, Richard, a couple months ago, you said as far as you were concerned the planning commission didn’t think he [Petro developer Rodney Kilgore] had an approved site plan or building permit.” In a correspondence dated Sept. 16, 2026, the town of Monteagle, likewise, conceded in response to a Freedom of Information Act request, “We do not currently have in our possession, an approved revised site plan.”

“The city attorney is trying to claim this resolution executes an administrative override that legalizes this noncompliant plan,” Best said. He presented the commission with documents verifying his argument.

Also at issue is whether the Petro project will be required to comply with the Monteagle stormwater ordinance passed in July of 2024 or, instead, grandfathered in as exempt from the rule. Talking with the Messenger after the October meeting Best said, “They need to comply with the stormwater ordinance at bare minimum.”

In other business, the commission approved a plat noncompliant with minimum width and length requirements. “It’s not meant to be a buildable lot,” said town planner Jonathan Rush explaining why the requirements did not need to be met. The lot is slated to be used for the new sewer lift-pump station behind the Waffle House. The commission also voted to recommend the council purchase the property.

The commission will meet next Nov. 5 instead of the regular meeting day, the first Tuesday, to avoid conflict with the Nov. 3 election.