It was on October 18, 2022, Mayor Tim Keller announced his “Housing Forward ABQ Plan.” It is a “multifaceted initiative” where Mayor Keller set the goal of the City of Albuquerque being involved with adding 5,000 new housing units across the city by 2025 above and beyond what private industry normally creates each year. According to Mayor Keller the city is in a major “housing crisis shortage” and the city needs as many as 20,000 new housing units immediately. However, Keller has never fully identified how the inflated statistics were arrived at and he simply declared a crisis.
KELLER’S “HOUSING FORWARD ABQ PLAN
To add 5,000 new housing, Keller proposed that the City of Albuquerque fund and be involved with the construction of new low-income housing. The strategy included a zoning code “rebalance” to increase population density in established neighborhoods. It included allowing “casitas” which under the zoning code are known as “accessory dwelling” units and “duplex development” on existing housing. Keller’s “Housing Forward ABQ Plan” includes “motel conversions”.
According to Keller’ “Housing Forward ABQ” plan, the city also wanted to convert commercial office space into to residential use. Mayor Keller initially proposed $5 million to offset developer costs with the aim of transitioning 10 commercial properties and creating 1,000 new housing units. However, the Keller Administration announced early on that the conversion office space plan was a heavy lift for the city and the city at the time backed off on its efforts to acquire commercial office buildings to be converted into residential use.
CASITA’S IN, DUPLEX DEVELOPMENT OUT
Mayor Keller called for what he labelled as “transformative” updates to Albuquerque’s Integrated Development Ordinance (IDO) to carry out his “Housing Forward ABQ”. Keller wanted to allow different forms of multi-unit housing development on existing residential properties to increase density. The legislation was to allow the construction of 750 square foot casitas and 750 square foot duplex additions on every single existing R-1 residential lot that already has single family house built on it to increase density and to create more “affordable housing” for acquisition or renting.
City officials said that 68% of the city’s existing housing is single-family detached homes with 120,000 existing residential lots with already built residences. Keller argued that allowing casita and duplex development on existing housing would double or triple density to 360,000 in established neighborhoods and thereby create more affordable housing for sale or rent.
It was pure Keller nonsense ignoring the high cost of construction to private homeowners and the effect of market forces. Keller’s plan was clearly “overkill” that would destroy the character of established neighborhoods and lead to gentrification. Developers would no doubt purchase existing homes for the development of casitas and duplexes.
The zoning code amendments would have made both casitas and duplex additions “permissive uses”. Historically, they have always been “conditional uses”. A “conditional use” requires an application process with the city Planning Department, notice to surrounding property owners and affected neighborhood associations and provides for appeal rights. A “permissive use” would give the Planning Department exclusive authority to issue permits for construction without notices and hearings and with no appeal process to surrounding property owners. Objecting property owners and neighborhood associations to the permissive casita and duplex uses would be relegated to filing lawsuits to enforce covenants and restrictions.
On June 23, 2023, the Albuquerque City Council voted 5-4 to approve the zoning code changes with amendments made to the Integrated Development Ordinance (IDO). The version of the bill that ultimately passed on a 5-4 vote was amended extensively. The city council voted to allow casita construction as a “permissive use” in all single-family R–1 zone. The city council voted to strike the amendment and to not allow duplexes to be permissively zoned in R–1 zone areas, which make up about two-thirds of the city.
Confidential sources within city hall have confirmed that since enactment of the amendment to the Integrated Development Ordinance in June 2023 that allows construction of accessory dwelling units known as “casitas”, only 14 have actually been approved. This is clear evidence that demonstrates the City Council Council and Mayor Tim Keller’s’ Housing Forward Plan to increase density has been a failure.
FEIBELKORN’S NEW LEGISLATION SAME OLD SCAM TO HELP DEVELOPERS
Progressive Democrat Albuquerque City Councilor Tammy Fiebelkorn has introduced R-25-167 at the request of Mayor Tim Keller. The resolution is entitled:
ESTABLISHING AN OPT-IN PROCESS FOR LEGISLATIVE ZONING 3 CONVERSIONS FOR PROPERTIES ZONED R-1, R-T, OR R-ML TO INCREASE 4 HOUSING OPTIONS CITYWIDE AND ALLOW MIXED-USE DEVELOPMENT 5 ALONG COLLECTOR AND ARTERIAL STREETS AND WITHIN ESTABLISHED 6 METROPOLITAN REDEVELOPMENT AREAS.
The legislation has been referred to the City Council’s Land Use and Planning Committee that will need to review it, approve or amend it and forward it to the City Council. You can read R-15-187 by first clicking on the below link and then Clicking on R-15-187 in blue as an attachment:
R-25-167 directs the Planning Department to establish a process allowing property owners to opt-in to legislative conversions of properties to add zoning capacity for higher-density housing options citywide and mixed-used development along collector and arterial streets. The process would include public outreach and advertising, analysis, an application to the Environmental Planning Commission for review/recommendation, and transmittal to City Council for final decision.
https://abq-zone.com/ido-updates-2025
“OPT-IN” TO REZONE PROPOSAL
With rents rising in the city, vacancies shrinking, and construction lagging, city housing costs keep climbing. City officials say the opt-in zoning plan aims to add housing options without forcing changes on neighborhoods, which is simply a false narrative seeing as adjoining property owners are simply cut out of the process and are now prohibited from challenging zone applications.
Mayor Keller’s office issued the following statement with the introduction of R-25-167:
“This resolution gives property owners the choice to modify their zoning, increase types of housing options and meet community needs. Flexibility in our housing approaches is a promising path towards reducing our housing deficit and increasing affordability in the Albuquerque market. We know Albuquerque needs about 20,000 more homes to meet demand, and the City is making steady progress by modernizing outdated zoning rules, investing in affordable housing, and offering construction incentives.”
Currently, residential zoning covers 27% of the city’s land and 68% of its properties. City officials have said that 68% of the city’s existing housing is single-family detached homes with 120,000 existing residential lots with already built residences. It allows only single-family homes, which city officials say has contributed to exclusionary patterns and limits housing options for lower-income households. The new rezoning process is designed to loosen those restrictions and support more housing development.
Fiebelkorn’s new city ordinance creates a voluntary rezoning process that would let property owners switch to higher-density zoning if they want to build more housing on their residential properties, allowing duplexes, townhomes and small apartment buildings in single-family neighborhoods. The plan focuses on corner lots and busy streets to make room for more housing. The problem is the application process does not allow adjoining property owners to object or challenge the “opt in” application.
The resolution in essence gives the Planning Department very broad authority to increase density in a neighborhood as they ignore adjoining property owner rights and remedies. The resolution requires the city’s Planning Department to establish a process and recommend requests, focusing on properties along busy streets and in designated redevelopment areas. Only eligible property owners who apply and agree to participate will have their zoning updated. Residential property owners must complete a participation form confirming eligibility and acknowledging that the new zoning could make existing uses nonconforming.
The city Planning Department would act as the official entity to accept applications. Residential property desiring to “opt in” for increasing their properties density would be responsible for providing documents including surveys, site plans or easement agreements and covering costs. If property owners don’t qualify or disagree with the outcome, they can will be allowed to request a zoning change through the the city’s zoning code known as the Integrated Development Ordinance (IDO) that regulates land use, building standards and development procedures.
According to the Planning Department, eligible properties can apply to rezone based on their current zoning and location to allow more housing options and mixed uses. Under the new ordinance if passed by the city council, single-family homes zoned R-1 will have several options. Those options include:
- Corner lots on local streets could be converted to low-density multifamily (R-ML), which would allow duplexes, townhouses, and small apartments, and increase the maximum building height from 26 to 38 feet. Its argued that this would help neighborhoods keep their character while adding housing.
- R-1 homes along busier collector or arterial roads which are defined as streets that move traffic from neighborhoods to major routes would be allowed to “switch” to mixed-use transit (MX-T), allowing apartments and businesses with buildings up to 30 feet tall. Other R-1 lots may become townhouses (R-T).
- Townhouses (R-T) on busy streets would be allowed to convert to mixed-use low-intensity (MX-L), focusing on townhouses and apartments but no longer allowing single-family homes or duplexes. Buildings could be built up to 38 feet to support more housing and businesses.
- Low-density multifamily properties (R-ML) could also increase. Corner lots may convert to high-density multifamily (R-MH), while properties on collector or arterial streets could switch to medium-intensity mixed-use (MX-M).
- The rezoning process would apply to Neighborhood Retail Properties zoned Neighborhood Retail Commercial (NR-C), Neighborhood Retail Business Park (NR-BP), Neighborhood Retail Light Manufacturing (NR-LM) or Neighborhood Retail General Manufacturing (NR-GM) may convert to high-intensity mixed-use (MX-H), if the change fits within an adopted redevelopment plan.
The goal of R-25-167 is outlined in the resolution as follows:
“The zoning conversions will generally foster communities where residents 8 can live, work, learn, shop, and play because it will allow more housing options that can bring more residents to areas that already have businesses, services, and public investments in facilities such as community centers and libraries. Additional customers will help support additional services for residential areas. Additional mixed-use zone districts along collector and arterial streets will allow more non-residential uses where businesses can serve existing residents and have appropriate access by pedestrians, drivers, and transit users.”
PLANNING DEPARTMENT OUTREACH CAMPAIGN
Upon passage of R-25-167, the Planning Department would launch a 90-day outreach campaign to explain the opt-in zoning process, using emails, Neighborhood Association coordination, a webpage, and ads on radio and local news. The department has allocated $50,000 from its 2026 budget to fund these efforts.
After the outreach period, property owners would have 180 days to submit complete applications. The Planning Department would not move any request forward until all supporting documents are received. Once the application period closes, the Planning Department would have 90 days to submit qualifying zoning conversions to the Environmental Planning Commission, which would review the proposals and make a recommendation.
Once approved by the Environmental Planning Commission, the Planning Department would have 30 days to forward the final Opt In Zoning application to the City Council which has the final say on approval.
Upon introduction of R-25-167, it was assigned to the City Council’s Land Use, Planning, and Zoning Committee (LUPZ). R-25-167 has been scheduled for review and discussion by the LUPZ committee on August 13. The LUPZ committee can amend and debate changes before sending it to the full City Council for a vote. The committee will vote to recommend a “pass” or “do not pass” R-25-167. If the resolution does not advance, the resolution could be delayed or sent back for revisions.
The link to the quoted or relied upon news sources are here:
COMMENTARY AND ANALYSIS
Mayor Tim Keller and City Councilor Tammy Fiebelkorn are refusing to take “NO” for an answer after the defeat of key provisions of Keller’s Housing Forward ABQ Plan that would have allowed duplex development to increase density in established neighborhoods. City Councilor Tammy Feibelkorn’s new “opt-in zoning plan” as embodied by R-25-167 is nothing more than the same old scam and a sneaky rebranding of Mayor Keller’s failed “Housing Forward ABQ Plan” to help developers and destroy existing neighborhoods by increasing density. They are doing it by simply ignoring adjoining property rights and objections.
Should R-25-167 pass, every single R-1 zoned lot in Albuquerque will be able to be up-zoned to at least R-T. What this means is that any single family home along or in the middle of any street, not just a corner, not just on arterial or collector roads, can have a Townhouse built on it and it will be permissively enabled. Adjacent property owners, residents and neighborhood associations will just have to shut up and accept it, regardless of its visual impact on the character of their neighborhood.
Once again they are advocating for increasing the city’s density in established neighborhoods by allowing for mixed use development on single residential homes and allowing duplexes, townhouses, and small apartments, and increasing the maximum building on the false premise that it will increase affordable housing. It will not. Keller’ and Fiebelkorn have the Field of Dreams zoning philosophy of “if we rezone it, they will build it” discarding the limited resources of residential property owners and the likelihood of invertors on the prowl.
R-25-167 is pure residential development nonsense ignoring the high cost of construction to private homeowners and the effect of market forces. R-25-167 plan is clearly “overkill” that will destroy the character of established neighborhoods and lead to gentrification. It will be developers and investors who will purchase existing homes for the development of duplexes, townhomes and small apartment buildings in single-family neighborhoods.
Bluntly put, the term “affordable housing” is very misleading. It is a term way too often used by elected officials and politicians to simply declare a crisis with inflated numbers that shows there is not enough housing that allows the poor or low-income people to rent or buy a home and call their own. Housing prices and rental costs never come down. The more appropriate term that should be used is “subsidized” housing where it’s clear what is needed is subsidized funding for those who cannot afford to buy outright or rent and need assistance.
The housing shortage is related to economics, the development community’s inability to keep up with supply and demand and the public’s inability to purchase housing or qualify for housing mortgage loans. Simply put, Mayor Keller and City Councilor Tammy Feibekorn are using a short-term housing “crunch” to declare it a “housing crisis” in order to again advocate increasing density that will destroy established neighborhoods relying on property owners, investors and developers to increase density by laxing zoning restrictions.
Under R-25-167 the Planning Department is once again being given broad authority, almost exclusive authority, to unilaterally make decisions and be damned adjacent property owner rights. The Planning Department has already been given broad authority in other zoning matters, such as casita construction, to exclude the general public from the permissible use application and deny adjacent property owners the right to object and appeal. Such broad powers essentially will require property owners to sue adjoining property owners to enforce covenants and restrictions.
KELLER’S HOUSING FORWARD PLAN AND R-25-167 CATERS TO DEVLOPERS
For decades, investors, developers and construction contractors have objected to sector development plans and zoning restrictions proclaiming they were too burdensome and stifled development. They have wanted a loosening of the zoning laws to allow for developments in virtually all areas of the city and R-25-167 will accomplish this goal.
What really happened with Mayor Tim Keller’s “transformative changes” to the Integrated Development Ordinance, his “Housing Forward ABQ” plan is that Mayor Keller and City Council Tammy Feibelkorn have catered to the development community as they pretended to be experts in housing development and zoning matters. Keller relied on his exaggeration of the city’s housing crisis and homeless crisis to seek further changes to the city’s zoning code to help the development community and using city funding to do it.
Mayor Tim Keller’s and Councilor Fiebelkorn’s R-25-167 is just another abomination that favors developers and the city’s construction industry over established neighborhoods.
CITY COUNCIL LUPZ COMMITTEE HEARING
Mayor Keller’s and Councilor Feibelkorn’s R-25-167 will be heard by the City Council’s Land Use, Planning & Zoning (LUPZ) Committee at 5 p.m. on August 13 in the Vincent E. Griego Chambers in the basement level of City Hall. The five members of the LUPZ committee are:
- Democrat Tammy Fiebelkorn, Chair
- Democrat Nichole Rogers
- Republican Brook Bassan
- Republican Dan Champine
- Republican Renée Grout
If the committee approves the ordinance, the full City Council will take them up later this fall. Residents are encouraged to attend and voice their opinions.
CITY COUNCIL PHONE: (505) 768-3100
CITY COUNCIL AND SUPPORT STAFF EMAILS
The link to a related blog article is here: