ALBUQUERQUE, N.M. (KRQE) – Albuquerque’s Development Review Board approved a controversial proposed apartment complex at Alameda and Barstow. However, neighbors in the area are still trying to fight the project.

The main issue was a zoning change in 2020 from a mixed-use, that would allow an apartment complex to a single residential zone. Now in question is whether the project would have to abide by the new rules. The opposition’s lawyer, Hessel Ynetma, says they should. “The latest 2020 version should apply for this decision process, not the 2018 version. Because the IDO is a legislative enactment which applies to all pending development applications,” said Hessel Yntema.

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The property owners claim their application was approved before the new rule took effect, a fact the Development Review Board acknowledges. “At the time the application was deemed complete, and so the subsequent rezoning of the property to R1B in September of 2019 has no impact on this application,” said Jim Strozier of Consensus Planning.

Some residents say there’s a bigger problem; they are not being heard. They believe the city should give the developers a simple message. “Although they have an MXT Zone, MXL, that does not in and of itself give them the right or the ability to build whatever the heck they want to build there,” said Daniel Regan, from the District 4 Coalition.

Despite the DRB’s approval, Yntema doesn’t believe the DRB is allowed to make this determination. All of the other concerns include traffic impact studies and height restrictions were addressed by the Development Review Board.

KRQE News 13 reached out to Ynetma for a comment on the approval and any future plan, but have not heard back.