Housing ‘carve-out’ being considered for Area 1B
County commissioners to wait until June on fate of community seeking to join historic Agua Fría
The Santa Fe County Commission late Tuesday delayed a decision on a controversial proposal to expand the traditional historic village of Agua Fría to neighborhoods northwest of city limits that long have been planned for annexation.
Commissioners will instead consider an alternative solution: carving out land owned by affordable housing developer Homewise Inc. and other landowners, allowing them to opt for annexation rather than inclusion in the village, which surrounds the Santa Fe River. Action on the revised map — what commissioners called a compromise between residents and developers — is scheduled for June 13.
Dozens of residents and city and county officials debated for hours Tuesday night about the past and future of the 1,075 acres between West Alameda Street and N.M. 599 dubbed “Area 1B” in annexation documents dating back to 2008.
At times, the debate — a continuation of a hearing that began May 1 — became contentious and even personal.
Santa Fe Mayor Alan Webber, arguing against the ordinance, accused Commission Chairwoman Anna Hansen of “breach of contract” and “bargaining in bad faith” because she had participated in the annexation negotiations for a year while being “biased” against the process. He noted she encouraged a petition drive by neighbors to be added to the village.
Webber also questioned why the county didn’t have a plan for infrastructure investments in Area 1B if it had intended to keep the acreage under county jurisdiction.
He urged the commission to halt the ordinance and return to the bargaining table to discuss a unified growth plan.
City Manager John Blair made clear the city also would oppose a “carve-out” measure
for Homewise and others, contending it would “do nothing but cause chaos for the region.”
In a letter sent to county commissioners over the weekend, City Attorney Erin McSherry questioned whether Hansen should recuse herself from the proceeding.
Hansen said she had considered recusal but decided against it because the issue was a legislative matter and she would receive no personal benefit from the commission’s actions.
She later said she did not wish to respond to comments that had made about her during the hearing. “I know who I am, and I care about my constituents,” she said.
Commissioner Camilla Bustamante said the city presented “an embarrassing demonstration of history and facts” while arguing against the ordinance. She did not wish to attack individual city officials but rather to attack a mentality to “disregard the will of the people,” she said.
While hundreds of residents of the area just outside the city’s northwestern edge have signed a petition supporting and requesting inclusion in the village of Agua Fría — therefore preventing annexation to the city — Homewise Inc. has sought to keep its parcels in the area out of the village.
Homewise CEO Mike Loftin submitted the carve-out proposal that would leave the organization’s 200 acres on track for city annexation — and a new development called “Senderos.” His proposal would allow Homewise to create a master plan of its vacant land.
After hearing more than five hours of public testimony, county commissioners expressed interest in siding with the residents of Area 1B who back expansion of the village and its state historic designation, while also compromising with Loftin.
The proposed expansion of Agua Fría has raised controversy since it emerged in April.
Both Homewise and the city took legal action against the county in response to the measure.
Frank Herdman, a local attorney representing Homewise, argued Tuesday the area does not qualify as a traditional historic community. He also contended residents were trying to use the state designation as “a shield to prevent annexation and to prevent increased density.”
Calling Area 1B a series of neighborhoods with “modern, contemporary development,” Herdman said about 75% of the homes there were built after 2000.
Loftin and other Homewise employees pitched their proposal for a carve-out as a compromise.
“There are people who don’t want to be in the city — fine — then there are people who are in the presumptive city limits who do want to be in the city,” Loftin said.
Many residents of Area 1B have been determined to prove the historic character of the area and keep it in the county’s jurisdiction. Some of them presented their case Tuesday for including the land in the village, speaking about the area’s history, culture and geology.
Hansen also spoke about research showing the area has been a vital part of village residents’ lives throughout history. It was a place where they gathered resources, she said.
Hydrologist and Area 1B resident Amy Jordan argued the area contains a distinctive character, and that the “default position” of others that city-managed resources would be better or more environmentally friendly was “not necessarily true.”
“There’s a sense of independence,” Jordan said. “We’re living with nature; not against it. We repair our own roads when they’re damaged.”
At the conclusion of her presentation, Jordan pointed to a spot on the mural behind commissioners in the county chambers and read it aloud: “preserve cultural traditions, pristine resources, diverse communities.”