Of Definitions and Democracy

For all that the semantics of city code dominated much of the discussion over a proposed Old Pecos Trail seniors housing project at the Wednesday evening City Council meeting, broader interests for the city prevailed.

The governing body vote split 5-4 over the issue, with Mayor Javier Gonzales casting the tie-breaking vote just before midnight to overrule a neighborhood association's objection and allow development of the Morningstar Senior Living Center on a site adjacent to the Elks Lodge at 1615 Old Pecos Trail.

Public comment that lasted for hours predominantly swung against the proposal for a 104-bed "continuing care facility." Troy Lovata—the future of Santa Fe, he argued, as someone under 50 with young children—told council he moved to the neighborhood two years ago because of what it offered, and four other young families recently moved in to houses on his street.

"I find it offensive, the kind of thing the city is trying to do to the neighborhood," he said. "I moved up from Albuquerque because I didn't like what Albuquerque offered … If you do this project, you destroy that."

Even Gonzales, as he seemed to think out loud to the audience as he edged toward casting his vote, expressed concerns that the project was too big. He offered to remand the proposal back to the recommending body, the city Planning Commission, which had given the idea a green light in May.

Then, Morningstar staff convened quickly to say they could shed 3,000 square feet from the proposed 73,550 square-foot facility. The Southeast Neighborhood Association (SENA) responded that they wanted only to see the project denied, the Planning Commission's decision overturned and the area developed only per the existing zoning, which allows one dwelling per acre.

"We definitely talk about being one city when it serves our collective purpose, but when it's time to work on really difficult things, we're quick to draw lines in the sand," Gonzales said. Tonight, folks will go home upset. But, "tomorrow we get to wake up and figure out how to continue to improve lives in Santa Fe."

He saw the best interests of Santa Fe in upholding the choice from the Planning Commission, and agreed with an assistant city attorney whose study of SENA's case concluded the appeal should be denied.

SENA's argument centered on the definition for a continuing care community. They argued that because Morningstar does not offer a full nursing care unit with beds, though it has nursing staff on site 24 hours a day, seven days a week, it failed to meet city code for a continuing care community and therefore did not qualify for the special use permit to allow exception to the existing zoning. SENA, and public commenters from the area, expressed the sense that the structure also did not fit with the heritage and architectural style for the city, and given its place along one of the city's gateways, they saw maintaining that style as important.

Assistant City Attorney Zachary Shandler recommended denying the appeal. By providing private and shared residential suites for assisted living and memory care residents and having full time nursing care and staff 24 hours a day, Morningstar fits the definition of continuing care community, he said. The building is just outside the south-central highway corridor protection district and its design is compatible with the surrounding buildings.

In response to neighborhood concerns, Morningstar staff moved driveways, increased distance from and landscaping between residential neighbors, lowered the building and reduced the building size by 10 percent.

Morningstar principal Matt Turner cited figures from the Santa Fe Planning Department's 2013 paper "Santa Fe's Silver Tsunami" that Santa Fe's senior population may double between 2010 and 2020, and pointed out, "We're halfway there right now and there has not been a senior living facility built in that timeframe."

That same white paper showed the eastern population of the city projected to see at least half its population at age 65 or older.

"We fundamentally believe that seniors should stay in the neighborhood they lived in," Turner said. "Where else in the east or northeast portion of your city would you put a community to take care of your seniors?"

The line to make public comment extended across the Tony Roybal Memorial Gym at Santa Fe High School, and curved to continue along the bleachers. Public still expressed concern over the size, density and traffic brought by the development and invoked the City Council's decision of two weeks ago to deny zoning changes on Agua Fría Street to allow the 400-unit El Rio proposed apartment development. It fails to fit with the character of the neighborhood and preserve its heritage, they contended, and sets a dangerous precedent for the rest of Old Pecos Trail. Previous city councilors cited a promise to protect the Old Pecos Trail corridor that would be broken if the City Council allows this development.

Those who spoke in favor of Morningstar's development saw it as a job-creator and a smart infill development. Elks Lodge members said of many proposals that had been brought to them, Morningstar's stood out as having done their homework, and is necessary for the organization—which predates New Mexico's statehood—to survive.

Those who voted against the proposal, Councilors Signe Lindell, Joseph Maestas, Patti Bushee and Peter Ives expressed a reading of the city code that shared SENA's interpretation. The code describes a continuing care community as one in which residents have shared access to dining, recreation and other living services and common areas and a full nursing care unit with beds.

"Number two is not included in this project. It is not meeting the code," Lindell said. "I'm clear about what the word 'and' means," she added. "'And' is not an option. When I'm told to go to the store to get milk and eggs, it means both, not one."

Lindell was rebuffing Shandler's interpretation that, "The use of the word 'and' between one and two does not necessarily create a need for a bifurcated facility."

Gonzales said he thought the attorney got it right in his reading of the code. There's 150,000 square-feet of commercial development in the same area of the Old Pecos Trail Corridor, and, it seemed, a sense that the vote was called for when the neighborhood association was unwilling to negotiate based on the idea of seeing any additional development in that area.

"I heard it time and again tonight, that people say 'I'm not against Morningstar, but put it somewhere else.' Where would it be put?" Southside Councilor Ron Trujillo said during discussion of the appeal. The obvious answers are District 3 and District 4, he says, and never Districts 1 or 2, where this development is slated to be built.

"It's just unfortunate that this happens every time we have these discussions," he said, "one neighborhood against another."

Santa Fe Reporter