On July 19, the New Mexico Sun broke the story that applications for “safe outdoor spaces” have been filed with the city Planning Department and that private funding is being sought for at least 6 encampments. An application for safe outdoor space zoning will lock into the existing zoning laws when the zoning application is completed. In the interim between when the Integrated Development Ordinance amendment goes into effect and when the provision is repealed, the application can be processed and approved by the city.

If Mayor Tim Keller is truly committed to “revisiting” his policies on the homeless, then he can issue an executive order suspending or placing a “moratorium” on the application process for “safe outdoor spaces”. He has the authority to give such an order to the Planning and Zoning Department.

The moratorium should be in place until the City Council has that opportunity to vote one way or the other on August 15 to repeal the legislation authorizing Safe Outdoor Spaces and enact rules and regulations on managing safe outdoor spaces if there is a failure to repeal. Mayor Keller has until July 28 when the amendments to Integrated Development Ordinance (IDO) will become law.

On June 6, the City Council enacted an amendment to the Integrated Development Ordinance (IDO) to allow for city sanctioned “safe outdoor spaces. “Safe outdoor spaces” are city sanctioned homeless encampments located in open space areas that will allow upwards of 50 homeless people to camp, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and provide for social services.

The application for a safe outdoor space “permissive use” or “conditional use” is the first step in the process. A Zoning Hearing Examiner must review and decide if the special safe outdoor space use will be allowed. Public notice must be given to surrounding property owners and the general public. A notice of zone change must be posted on the property and adjoining landowners and neighborhood must be given the opportunity to attend and be heard.  

On June 22, after tremendous public outcry and objections, two bills were introduced that would repeal safe outdoor spaces. One bill introduced would stop the city from accepting or approving safe outdoor space applications and the other will eliminate “safe outdoor spaces” from the zoning code altogether. During the June 22 meeting the council did not act on the two bills and failed to enact the legislation that was to provide for rules and regulations promulgated by the Keller Administration for “safe outdoor spaces”.   

June 22 was the last meeting of the City Council before it went on “summer break” until August 1 with the next city council meeting scheduled for August 15. The city council’s failure to take action on either the bills stopping the application process or repealing the land use resolution resulted in “safe outdoor spaces” becoming a permissible land use on July 28 and people can apply for the land use.

On July 6, after intense public outcry and objections over “safe outdoor spaces” Mayor Tim Keller announced that his administration is “revisiting” its policies on how it addresses homeless encampments. Keller wants to initiate major changes by the end of July on how to deal legally with homeless encampments

The city has adopted what is called a “housing first” policy to deal with the homeless crisis. The 2022-2023 adopted city contains $4 million in recurring funding and $2 million in one-time funding for supportive housing programs in the City’s Housing First model and $24 million in Emergency Rental Assistance from the federal government.

“Safe outdoor spaces” will be a disaster for the city as a whole. They will destroy neighborhoods, make the city a magnet for the homeless and destroy the city's efforts to manage the homeless through housing. If the City allows the 6 applications for “safe outdoor spaces” to proceed and approves them all, it will be a major setback for the city and its current policy of seeking permanent shelter and housing as the solution to the homeless crisis.