With CodeNext finally dead, can we finally move ahead?
. The court ruled that given the way the code was being enacted, the city did indeedto property owners regarding changes to their zoning, and that such owners have the right tothe changes – essentially requiring approval by a City Council supermajority rather than a simple majority.
The city's official response was some mumbling about"reviewing the decision" and"deciding next steps," but this has almost certainly driven a stake through the heart of this Frankenstein's monster of a flawed and incomplete code rewrite, cobbled together out of political agendas and wishful thinking, almost killed two years ago by District Court Judge's ruling in the original lawsuit , but kept on life support until now by this frivolous appeal.
Whatever its merits as a social engineering document – pushing city planning toward a much more urban future where condos and transit replace houses and cars – CodeNext was not well designed to achieve its central function. A land development code is there for one basic purpose: to tell property owners and developers what they can and can't build, as clearly as possible, thus smoothing the way for the review and permitting process to be easier and more predictable.
But then the whole thing got derailed when its backers' own determination to ride a 7-4 City Council majority as far as it would take them went a couple of steps too far in ignoring the rights of the minority voices.
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