New “Better Neighborhoods” Package Aims to Empower Albuquerque Neighborhoods

ALBUQUERQUE, NM – Two City ordinances, O-26-60  and O-26-61 along with two memorials to the New Mexico Legislature, M-26-01 and M-26-02 were submitted for introduction to the Albuquerque City Council. Together, the four proposals will strengthen the role of neighborhood associations, reform the appeals process, and help communities attract the development and investment they need.
 
“For too long, neighborhoods have struggled to attract the new activity they want and need, including grocery stores, essential services, employment centers, housing, and mixed-use development,” said District 5 City Councilor Dan Lewis. “This package would give neighborhoods a greater opportunity to support positive growth without excessive red tape and constant opposition to nearly every proposed project.”
 
Rents have also increased significantly in parts of Albuquerque. If enacted, these proposals would encourage additional housing and mixed-use development, potentially increasing the housing supply, creating jobs, and helping reduce upward pressure on rental costs.
 
One ordinance would restore primary responsibility to individual neighborhood associations, whose members have the greatest stake in how their communities grow. It would also prevent larger coalitions from using authority granted by the City to oppose and delay projects in neighborhoods they may not directly represent.
 
“This legislation puts neighborhood associations themselves back in a position to influence how their communities grow and improve,” Councilor Lewis said. “It recognizes them as the true representatives of their neighborhoods.”
 
Neighborhood associations are the lifeblood of community involvement. However, their voices have too often been overshadowed by larger coalitions that claim to represent them.
 
The City currently gives these coalitions standing to file appeals, even though some operate through processes that are not democratic, do not accurately represent individual neighborhoods, and have sometimes acted against the interests of neighborhood associations. The City does not recognize homeowner associations, or HOAs, for similar purposes and should not grant coalitions the same standing as recognized neighborhood associations.
 
Coalitions could continue serving their communities, but they would no longer receive City-recognized authority to appeal and delay projects on behalf of neighborhoods they may not represent.
 
The second ordinance would revise the fees charged for appeals of approved projects. Many of these projects have already undergone months of public input, hearings, and review by the Environmental Planning Commission, the Land Use Hearing Officer, and other City agencies. They are then frequently appealed, creating additional delays and sometimes leading to litigation in state district court.
 
Appeal fees should help offset the growing administrative costs created by these proceedings.
 
Councilor Lewis emphasized that the proposed ordinance would not significantly change the fees for appealing projects that have been denied.
 
In addition to the two ordinances, one proposed memorial would ask the New Mexico Legislature to amend state law governing how land-use appeals are handled. The requested change would allow certain appeals to proceed directly to state district court rather than requiring the City to reconsider a project it has already reviewed and approved.
 
“Currently, a coalition can appeal an approved project and ask the City to review a decision the City has already made, delaying the project for months,” Councilor Lewis added. “We are asking the Legislature to eliminate this duplicative review and require the appeal to proceed directly to court.”
 
A second memorial would ask the Legislature to clarify the legal standards governing who has standing to appeal an approved project.
 
“A West Side project that would have created approximately 400 high-paying jobs was delayed for more than a year because of appeals filed by a coalition,” Councilor Lewis recalled. “The court ultimately granted standing to the coalition’s president because she walked her dog miles from her home but within view of the proposed project. This change would provide clearer standards for determining who has a reasonable basis to appeal an approved project within the city.”
 
Councilor Lewis described the proposals as straightforward reforms intended to protect neighborhood voices while promoting responsible growth.
 
“Some individuals, acting through coalitions that claim to represent large areas of the city, are using City laws and the appeals process to delay or stop beneficial projects,” Councilor Lewis said. “These delays affect grocery stores, hospitals, restaurants, essential services, new homes, apartments, and employment opportunities. These proposed changes would empower local neighborhood associations and put them back in charge of responsible appeals affecting their communities.”