The Santa Fe County Commission is considering a rule change that would decrease the amount of affordable housing that developers are required to build with new subdivisions.

Commissioners voted Tuesday to publish the proposed ordinance that would cut in half the requirements — to 15 percent on projects with 25 units or more and to 8 percent on smaller developments.

The 2006 ordinance has drawn criticism from developers who say it unfairly burdens those purchasing the other homes.

A staff memo states the change is needed because of "existing economic conditions."

Tuesday's vote gives staff the go-ahead to publish the ordinance and schedule it for public hearings.

Hypothetically, the proposed changes could be tweaked in response to public comment.

But the county agreed Tuesday to let one developer proceed under the new minimums.

Joe Miller has been one of the most vocal critics of the affordable housing law. He was part of a group of builders who filed a lawsuit against the city and the county in 2008 claiming the mandatory minimums constituted a legal "taking" of property. The argument was rejected by a federal judge in 2009. The Pacific Legal Foundation sought a U.S. Supreme Court opinion, but the higher court refused to hear the challenge in 2011.

Miller still has three court cases pending against the county, and three of his housing developments have been stuck in the county's review process for years (one since 1997, according to Miller), at least in part because of his refusal to adhere to the affordable housing rules.

The agreement Tuesday allows Miller to move ahead with three housing developments as long as he meets the lower 15 percent requirement. It also allows him to cluster all the affordable units in a single project.

The agreement was reached as part of a Court of Appeals mediation process, which is why Commissioner Liz Stefanics said it "could not be debated" and was approved as part of the consent calendar.

The agreement states that it applies to "all of Mr. Miller's developments now in litigation."

Miller said he plans to build three different developments along the U.S. 285 South corridor. One, Cimarron Village, slated to be built on the east side of the highway between the two traffic lights, will feature 32 townhouses and 24 live/work units.

The other two include Spirit Wind — 39 single-family homes on 2.5-acre lots planned for the east side of U.S. 285 near the Lamy turnoff — and Tierra Bello — 73 single-family homes on lots of 2.5 acres or larger that will be built between Avenida Eldorado and Spur Ranch Road.

Regularly priced homes in Tierra Bello and Spirit Wind will range from $220,000 to $320,000, according to Miller. Homes in Cimarron Village will be priced between $190,000 and $290,000.

According to the agreement approved Tuesday, Miller can fulfill the affordable housing requirement for all the projects by building 17 units in Cimarron Village that would sell between $112,500 and $262,000 depending on the size of the home.

Contact Phaedra Haywood at 986-3068 or phaywood@sfnewmexican.com.