Triangle

were adopted for the Triangle in 2007, while Sharon Goldsworthy was the mayor of Germantown. T4 includes limited retail, restaurants and office and residential units, including apartments and single-family homes.

A June 6 letter to Planning Commission Chairman Mike Harless from Mayor Mike Palazzolo asked for the Triangle to be rezoned.

“Nowhere else in the city was the Smart Code adopted over existing homes and surrounding neighborhoods with these characteristics,” Palazzolo said, adding the T4 zoning was “ill-advised.”

Palazzolo said returning it to residential zoning would protect the surrounding neighborhoods from density if the Triangle were to be developed.

“Rezoning it is not anything drastic,” McKenney said. “It’s putting it back to what it was before Smart Code was adopted.”

However, the petition alleges there were other motives.

“Plaintiff alleges that this sudden interest in this dramatic down zoning of the Triangle was prompted by the upcoming municipal election scheduled for November of 2018, and had absolutely nothing to do with sound municipal planning,” the petition states.

The mayoral seat and aldermen positions 1 and 2 are on the Nov. 6 ballot. Alderwoman Mary Anne Gibson, Position 2, is running for re-election against Jeff Brown and Charles Hanover. Alderman John Barzizza, Position 1, is challenging Palazzolo for the mayoral seat, leaving his seat open for either Brian White or Scott Sanders.

The plaintiff also states the city did not have a sketch plan in the staff report, which is a requirement for rezoning applications.

The plaintiff also said there was no sketch for the commission to approve and provide to the Board of Mayor and Aldermen as a recommendation for rezoning.

“Clearly, this legal procedure was, once again, ignored inasmuch as no sketch plan was considered or even submitted for consideration,” the petition states.

In the staff report on the city’s website, there were zoning maps but no sketch plan.