The Integrated Development Ordinance (IDO) is essentially all of the city zoning laws on how properties are zoned for residential, commercial or industrial use development. The IDO includes zoning and subdivision regulations to govern land use and all development within the City of Albuquerque. It establishes the City’s system of planning citywide. The IDO allows the Albuquerque City Council to amend it every two years. This amendment process has resulted in upwards of 140 amendments in the last two years resulting in mass confusion to the public.
“Up zoning is a land-use planning tool that changes existing zoning regulations to permit more intensive development in specific areas already zoned. Zoning laws govern how property can be used, including housing density, minimum lot sizes, building heights, and parking requirements. Up zoning alters these rules to increase permitted density or intensity of use, allowing more units per acre, taller buildings, or different uses like commercial establishments in residential zones. This process does not directly create new housing but removes regulatory barriers, incentivizing new construction.
The link to the quoted and relied upon source is here:
https://legalclarity.org/what-is-upzoning-and-how-does-the-legal-process-wo
CITY COUNCIL VOTES TO KILL UPZONING
On Wednesday, February 18, after months of debate and two committee hearings, the 9 member Albuquerque City Council voted 5 to 4 reject a series of amendments Mayor Tim Keller sought to the city’s zoning laws known as the Integrated Development Ordinance mandating “up zoning” in all established residential areas of the city. The council chamber was packed with spectators. More than 70 people signed up to speak about the amendments with many arguing compassionately either for or against the amendments. The meeting lasted for hours and until midnight.
The goal of the zoning changes was to double or triple housing density in established neighborhoods to address what Mayor Keller declared an affordable housing shortage. The zoning law changes would have mandated up zoning and deny adjoining property owners and neighborhood associations all existing rights to dispute or challenge the upzoning. Ultimately, 16 amendments were proposed. All the “up zoning amendments” were voted down by the majority of city councilors on a 5-4 vote. Voting to reject the zoning changes were City Counselors Klarisa Pena, Dan Lewis, Renee Grout, Dan Champine and Brook Bassan. Voting in favor of the upzoning amendments were City Councilors Tammmy Fiebelkorn, Nichole Rogers, Joaquin Baca and Stephnie Telles.
According to a recent study by Root Policy Research, Albuquerque is 13,000 to 28,000 housing units short of meeting the demand for housing for low-income residents. When supply doesn’t meet demand, rents go up for residents. The proposed amendments to the IDO included a mandate for “up zoning” of all existing residential properties to increase density and allow casita, duplex development, townhome and apartment complex development on virtually every single residential property in established neighborhoods in the city as a permissive use.
In zoning law, a “permissive use” is where a property owner has the exclusive right to decide how their property can be developed without government approval nor notice to adjoining property owners for approval. A “conditional use” is where a property owner is required to secure government approval and construction permits for development of real property and are required to give notice to adjacent property owners with adjacent property owners having rights to object and rights of appeal.
With the up zoning changes to the IDO, no city applications for up zone changes would have been required and all rights to contest or appeal the upgrading by adjoining property owners and neighborhood associations would have been eliminated. The mandatory up zoning would have allowed for the development of apartments or commercial use, such as bodegas, on all corner lots in residential areas.
During the February 18 marathon City Council meeting, it was progressive Democrat City Councilor Tammy Fiebelkorn who attempted to reinstate zoning code changes that had been removed in a previous committee meeting. Specifically, the proposed changes would have allowed townhomes, duplexes and apartments to be built in established single-family neighborhoods, as well as small retailers as a “permissive use”. The rejected proposals included expanding the definition of casitas and reducing parking requirements to enable denser housing. Among the failed proposals was a push to loosen regulations for Safe Outdoor Spaces, which are city sanctioned homeless encampments on private property owned by churches, businesses or residents. Mayor Keller has said he wants 100 safe outdoor spaces to accommodate 1,000 unhoused people with 10 allowed at each sanctioned city encampment.
PRO AND CON ARGUMENTS
The proposed zoning law changes drew both gushing, philosophical praise from supporters as well as anger and condemnations from the public, residential property owners and neighborhood association representatives who signed up to speak to the city council. Throughout the meeting, several supporters of the up zoning amendments were asked to leave the council chambers because of their shouting out loud or speaking out of turn. The failed votes were met with bitter disappointment by proponents and major relief by opponents.
According to city planners who drafted the reforms, the amendments could have spurred development in a city short ten of thousands of housing units. Albuquerque faces what progressive Democrat Mayor Keller and the 4 progressive democrats on the city council are calling a “housing crisis.” They argue without enough housing units to meet demand, rent and home prices will continue to soar while residents’ wages stagnate. Although both sides are in somewhat agreement that Albuquerque faces a housing shortage but to what extent it is in question.
Advocates say that housing shortages are worsening homelessness, which has doubled in Albuquerque since the pandemic, according to recent point-in-time counts. Advocates for the up zoning amendments tried to couch enactment of the zoning changes in terms of moral obligations and a economic rift between generations.
Albuquerque resident Marceline Kostiner during public comment described the zoning changes in moral terms, saying that the council’s reluctance to change rigid zoning code means less affordable housing, worsened poverty and more people living and dying on the streets of Albuquerque. Kostiner said this:
“It will kill people. …The incrementalism here will kill us.”
Jordon McConnell, an Albuquerque resident and spokesperson for the progressive advocacy group Strong Towns said this:
“The people speaking in favor of these amendments are overwhelmingly younger than the people speaking against them. … Most of them already own a home. That’s not a coincidence. It’s the generation that’s trying to stay here to build a life in Albuquerque, asking all of you to make just the smallest amount of room for us.”
CITY COUNCILOR TAMMY FIEBELKORN PLAYS RACE CARD
Progressive Democrat Albuquerque City Councilor Tammy Fiebelkorn was the sponsor of the up zoning amendments at the request of Mayor Tim Keller. During council debate, Fiebelkorn played the “race card” when she said that the existing zoning codes, when applied incorrectly, segregated people of color and the poor from more affluent residents. Fiebelkorn said this:
“One commenter earlier today made the statement that [single-family residential zoning] was created for a purpose. … And I want to say, ‘Yeah, it really was.’ It was created for the purpose of keeping ‘those people’ out of your neighborhood. There is no other reason to think that you would not want a duplex next door to you.”
OPPOSITON TO UPZONING
Opponents said up zoning changes would open up their neighborhoods to investment development and to gentrification. Opponents argued that loosening zoning regulations and limitations only serves to line developers’ pockets because there is no incentive to build affordable housing and only high end housing and luxury apartments would be developed.
For established homeowners, the amendments were viewed as an overt threat to their way of life and to their home ownership. Homeowner Keith Allen said this during public comment:
“[Homeownership] is the American dream. People work for 30 or 40 years for a [residential] zoning place. We want to keep those requirements.”
Westside City Councilor Dan Lewis agreed with homeowners, who he said worked hard and intentionally sought out suburban areas for peace and quiet. Lewis said the citywide zoning changes threatened to undo those decisions by opening neighborhoods up to unwanted development and population density, he said.
https://www.newsradiokkob.com/2026/02/19/57571/
https://citydesk.org/2025/08/14/opt-in-zoning-proposal-suffers-decisive-defeat-in-committee/
COMMENTARY AND ANALYSIS
There is no doubt that the failure of all the proposed IDO amendments and zoning code changes highlighted the City’s challenges in addressing its housing affordability and availability issues. The debate also highlighted and exposed the tensions between affordable housing activists who want to increase density to boost housing supply and homeowners and neighborhood associations concerned about preserving neighborhood character and tranquility without increasing density.
Affordable housing activists are continuing with their aggressive efforts demanding city wide up zoning by disparaging on social media the city councilors who voted to reject the up zoing amendments and now targeting those city councilors up for re election in 2027. Affordable housing activists have gone so far as to target City Council President Klarissa Pena on social media with unfounded and vicious attacks on her vote, her integrity and reputation and her 12 years of service as a city councilor. They simply do not like the fact she is a voice or reason as she seeks a viable and reasonable compromise. The affordable housing activists attitude is that it is there way or suffer the risk of being voted out of office.
FEIBELKORN PLAYS THE RACE CARD, LOBBY’S LEGISLATURE TO STRIP CITY OF ZONING AUTHORITY
It is downright reprehensible that Albuquerque City Councilor Tammy Feibelkorn played the race card in her effort to get the city council to enact her amendments. She did so during the Land Use Planning and Zoning Committee which she was chaired at one time but was removed by the new City Council President Klariss Pena.
Feibelkorn has insulted multi-generational Hispanic New Mexicans implying that they are racist for wanting to protect their homes and their communities by opposing up zoning that would destroy the historical nature of their neighborhoods by developers. Vocal opponents of up zoning include Bianca Encinias, a neighborhood activist with the Historic Neighborhood Alliance and Loretta Naranjo Lopez, who is a representative from Envision Albuquerque and who is also a multi-generational resident from Martineztown. Ms. Loretta Naranjo Lopez is the longtime President of the Martineztown-Santa Barbara Neighborhood Association. She is also a retired from the City of Albuquerque having worked in the Planning Department dealing with city zoning laws and code enforcement.
During the 2026 New Mexico legislature, and attempt was made to eliminate the possibility to reassess property values for tax increases when a property is rezoned. The legislation failed in committee. The 2026 legislature also considered legislation sponsored by Albuquerque area State Senators Moe Maestas and Heather Berghmans that would have removed all zoning authority from city and county governments. That legislation also died in committee. City Councilor Tammy Feiblkkorn actively lobbied for the legislation that would have stripped the city of Albuquerque of all its zoning authority in the interest of creating more “affordable housing”.
COUNCIORS BACA AND ROGERS VOTE YES TO DETRIMENT OF CONSTITUENCY
The proposed amendments to the Integrated Development Ordinance were a pathetic attempt by progressive Democrats Mayor Keller and the 4 progressive Democrate city councilors to address the city’s so called “housing crisis” and to increase affordable housing. The term affordable housing is about as misleading as it gets. It is a term often used by politicians, elected officials and developers to promote their own personal or political agendas to gain support for their positions and government funding for development projects. When the term “affordable housing” is used by the politicians, elected officials and real estate developers, what they actually mean is “subsidized government housing”.
The two City Council Districts that would have been the most affected by the mandatory up zoning changes would have been District 2 and District 6. District 6 is the city-center district encompassing downtown, old town, and includes the most historical areas of the city, part of the west mesa, and the entire valley east of the river and is represented by City Councilor Joaquin Baca. District 6 includes Albuquerque’s Southeast Heights encompassing the University of New Mexico, and the International District and is represented by City Councilor Nichole Rogers.
Both Districts 2 and 6 have the highest concentration of minorities and lower income residents. It is these two districts that would have been the likely biggest targets by investors, speculators and developers to buy up properties from generational family’s for redevelop leading to gentrification. Both City Councilors voted for the up zoning changes believing the change in law would lead to “affordable housing” when in fact it would have resulted in the displacement of many of their constituents as investors sought to buy up residential properties for high end developments and not affordable or low income housing.
EXISTING HOMEOWNERS CANNOT AFFORD UPZONING CONSTRUCTION COST
Mayor Tim Keller, his Planning Department and all the four progressive City Councilors who support up-zoning want to double or triple housing density in established neighborhoods over strenuous objections from property owners and neighborhood associations.
They want up zoning development by existing residential property owners to increase density and allow casita, duplex development and townhome development in virtually every established neighborhood in the city, even historical areas of the city. Ostensibly, they believe existing property owners can afford to build on their own properties whether they own the home outright or if there is a mortgage.
Residential zoning covers 68% of the city’s existing housing and consists of 120,000 single-family detached homes on residential lots. The lots allow 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 proposed was designed to loosen those restrictions and allow to double or triple housing development in established neighborhoods ignoring what the neighborhoods want.
Construction costs are consistent when it comes to building an entire house or adding a free-standing casita or converting a residence to a duplex or town home. There is no real differentiation between the basic construction costs to construct “affordable housing” and other types of housing.
According to the Homebuilders Digest construction costs cover everything from materials to the actual construction. In Albuquerque there are four basic categories of construction:
- A value-based custom home would start around $175per square foot. This is a home that would have builder-grade finishes, such as ceramic tile, laminate flooring, basic cabinets, level one granite or quartz, aluminum or builder-grade vinyl windows, value series appliances, and basic plumbing and electrical fixtures.
- A mid-range home would start at around $225per square foot. Mid-range finishes would include porcelain tile, engineered wood, mid-level cabinets with soft close, level two or three granite or quartz, and a moderate budget for plumbing and electrical fixtures. It would also have premium vinyl or fiberglass windows and higher-end appliances.
- A high-end custom home would start at around $275 per square foot. Such a home would have all high-end custom finishes, fiberglass or wood windows, and professional appliances.
- A home with energy efficiency features would range between $200 to $400per square foot depending on selections for mechanical systems, windows, plumbing and lighting fixtures, cabinets, appliances, flooring, and more.
The link to the relied upon or quoted source is here:
https://www.homebuilderdigest.com/cost-guides/how-much-does-it-cost-to-build-a-house-in-albuquerque/
The minimum hard construction cost to build a 750 square foot free standing casita or convert an existing residence to a duplex by adding on 750 square feet of living space at the value base cost of $175 or the mid-range cost of $225 would between $131,250 (750 square ft. X $175) or $168,750 (750 X $225). The homeowner who does not have the cash savings to pay the construction costs, a second or third mortgage on the residence would be required.
The overwhelming majority of existing homeowners cannot afford the construction costs for a free-standing casita or the conversion of their homes to a duplex, townhome or apartments. Simply put, only developers and investors who speculate will be able to double or triple density by buying up existing homes for purposes of building casitas or converting residences to a duplex, town home or apartments. After that is done, the profit motive will be to sell or rent at the highest level and not for affordable housing.
ZONING CHANGES WOULD HAVE DESTROYED NEIGHBORHOODS
Mayor Tim Keller, the City Planning and City Councilors who want to allow apartment development or retail business development, such as bodegas, on all corner residential lots in all established neighborhoods, They want to benefit developers by depriving adjacent property owners the right to object and appeal. Such development will no doubt result in magnets for crime and heavy traffic patterns destroying the tranquility, livability and character of established neighborhoods.
Keller and the Planning Department erroneously believe that increased density will increase affordable housing as they simply ignore the market forces and the profit motive. They argue in essence that “flooding the market” with more housing than what is needed will result in lower cost of housing and make available more housing for sale and rent. It’s a false and very misleading narrative.
The one thing Albuquerque does have is open space that can be developed. There is no need to increase density in established neighborhoods that will destroy a neighborhood’s character. Sources within the Planning Department have confirmed the city has already “pre-platted” residential development of 125,000 to 150,000 residential lots. If Mayor Keller and City Planning want to allow “up-zoning” they should do so only on undeveloped, vacant land or vacant commercial properties and leave existing neighborhoods alone without forcing them to sue.
UPZONING WOULD HAVE LEAD TO PROPERTTY TAX INCREASES AND TO GENTRIFICATION
The Bernalillo County property tax code is clear. The taxable value of a property is 33 1/3% of the assessed value as determined by the Bernalillo County Assessor. Under the property tax code, residential property assessments may NOT rise more than 3% per year unless the property changes ownership, is improved or is REZONED.
The mandatory up zoning would have allowed the Bernalillo County assessor to increase property values and increase property taxes. Such a scenario has played out in Las Cruces, New Mexico where property taxes in fact were raised dramatically because of up zoning.
What should be alarming to all existing residential property owners is that the Planning Department failed to consider how the up-zoning zoning changes they were proposing would likely change Bernalillo County’s property value assessments and tax assessments.
Rezoning all residential property would have affected the property tax cap of 3% and allow for increases in property taxes. Simply put, increasing density increases real property values for tax assessment. Government entities never resist the temptation to increase property taxes and property taxes historically never, ever come down.
The “Up-Zoning” agenda of the Planning Department and Mayor Tim Keller would have made gentrification an official city policy because real property taxes will soar and lower income property owners would not be able to afford the increase in property taxes. They would be forced to sell their properties to speculators and developers resulting in displacement and gentrification.
One thing is clear, there was absolutely no language in the Integrated Development Ordinance amendments that specifically required affordable housing. There was no language in the proposed amendments that addressed private equity and developer price speculation.
Specifically, the proposed changes would have allowed townhomes, duplexes and apartments to be built in established single-family neighborhoods, as well as small retailers and grocery stores known as bodegas. The rejected proposals included expanding the definition of casitas, and reducing parking requirements to enable denser housing.
CONCLUSION
Up zoning efforts by Mayor Tim Keller and City Councilors Tammmy Fiebelkorn, Nichole Rogers, Joaquin Baca and Stephnie Telles are nothing more than giving investment speculators and developers carte blanche to buy up residential properties to destroy existing neighborhoods by increasing density leading to gentrification. Mayor Keller and the city council need to keep their hands off established neighborhoods. They need to seek better and more informed ways to create affordable housing.
The link to a related blog article is here: