When developers announced their plans for a 35-foot-tall apartment complex near the Petroglyph National Monument in 2022, Native American organizations were alarmed. Thanks to zoning changes made last month — spurred by those concerns — tribal leaders will have a voice in future projects.
However, those zoning changes will not affect the current development.
Terry Sloan, the city’s intergovernmental tribal liaison, said the monument is a sacred site for local tribes as well as those throughout the state and nation, and it “represents a part of the Native, Indigenous history in this region.”
“[Tribal consultation] is something that should have happened a long time ago,” Sloan said. “It’s really just the beginning, we’ll be looking at how we can further engage working with the tribes. We may be the first municipality in North America to do this. We’re really beginning to take the lead on this and it’s really opening the door for more.”
Sloan — who has worked on implementing tribal consultation for nearly three years — said the controversy surrounding the planned apartment complex started after developers decided to increase its height, but did not consult tribal leaders.
When Naeva — a Native-led nonprofit organization — learned of the project last summer, it released a statement saying the development “poses serious risks to the Petroglyphs.” The unsuccessful push for tribes to be consulted on the matter led the organization to propose a change to the Integrated Development Ordinance (IDO).
Ahtza Chavez, Naeva executive director, said tribal leaders and a nearby neighborhood association were concerned about the height of the development doubling.
“The housing folks are upset because they don’t want their view obstructed,” Chavez said. “We don’t want the view obstructed for prayer reasons but they don’t want it just because of property reasons.”
City Councilor Tammy Fiebelkorn introduced an amendment to the IDO that would allow tribal representatives to be notified and comment on development applications within 660 feet of the monument at the City Council’s June 17 meeting. Tribal representatives will have 14 days to respond if they have any issues with development, according to Chavez.
The ordinance passed unanimously and on July 3, Mayor Tim Keller signed the legislation, saying it will “strengthen the partnership we share with local tribes over our land.”
In the meantime, the development of the 238-unit apartment complex near Paseo Del Norte and Rosa Parks Road has been delayed for almost two years after the Westside Coalition of Neighborhood Associations and the Laguna Pueblo appealed the plan, first to the City Council, then in Second Judicial District Court. Those efforts were denied but the neighborhood associations appealed it again and it is now pending in the Court of Appeals.
“We still have the chance to have these housing associations and Laguna Pueblo — who is a party to the case — prevent it from happening but the chances of that happening are very, very slim,” Chavez said.
John Campbell, an attorney representing the developer, said that “the developer is waiting for the results of the appeal before actually proceeding with his development of the apartments.”
Tim Walsh, spokesperson for the Planning Department, told City Desk ABQ that the development will not be affected by the IDO amendment because the tribal consultation rules were not in place when the application was accepted. He said that development applications submitted after Aug. 3 must meet the new tribal consultation rules and processes.
This is important coverage of the NIMBY neighborhood associations and their impact on our lack of housing options