News New Mexico: Harbison - Anti-Development Defines City Council

Jim Harbison

At the most recent City Council meeting a local developer requested City Council approval for the use of septic systems in a development in western Las Cruces. The City’s current policy is to deny approval of septic tank systems. To the casual observer this would seem to be a good policy but in this particular instance more information is necessary to determine if this policy makes sense or if is another effort of the current council to inhibit growth of Las Cruces.

Spacious New City Hall Building Downtown

To understand this issue you need to know that this property was part of the largest annexation in history for Las Cruces. The City annexed approximately 1100 acres west of the Rio Grande River and south of Picacho Blvd. Part of the reason for this annexation was to counter the proposed annexation of this property into the Town of Mesilla. It wasn’t that it was significant to the City of Las Cruces but more an effort to control development in that corridor while increasing the tax base. The City has not extended significant City services to that area even though it has been part of the City for more than 4 years and in my opinion has ignored the residents in this area except for collecting their property taxes. They certainly have not planned for expansion of residential or commercial development or established policies that will facilitate future development. All properties in this annexation were in the Extra Territorial Zone (ETZ) and complied with the zoning and development requirements established by that governmental agency.

Septic systems are compatible with all other properties in this area. These properties were not connected to Las Cruces City sewer systems and all have septic systems on lots of various sizes, some of which may not meet current minimum lot size requirement. The 3 acre minimum lot sizes of this proposed development are 4 times the ¾ acre minimum required by the State.

Dr Garcia, Director of Utilities for the City of Las Cruces stated at the Council meeting that the City Master Plan does not see the City sewer system expanding into that area for 15-20 years. Remember, the City was experiencing tremendous growth at the time and the Progressive Council began to limit, restrict, and control growth according to their views of how Las Cruces should look. It would seem to me that annexing such a large parcel without any concepts, policies or plans for its development was a serious shortcoming of the City Council. Mayor Miyagishima admitted, during the Council meeting, that the City did not do a very good job of analysis when they annexed the property. It is interesting that during the meeting it was mentioned that there is a proposed school site very near the proposed “Overlook” development. Wouldn’t that alone suggest that City sewer services would be needed much sooner than currently planned?

Councilors Pedroza, Silva, Small, Sorg, and Thomas all expressed concerns about soil analysis and water tables to see if it would support septic systems even though all the existing properties have historically been on similar systems. Their “expressed” concern is about potential environmental damage caused by septic systems. Councilor Silva said he could not support septic systems and felt that approval would be a City “bail out” of another developer.

If it were truly an environmental concern they would be working to extend the existing sewer system to all these residents and transitioning them from septic systems to the City sewer system as soon as possible and not 15-20 years in the future. I contend their actions are only a manifestation of their contempt for development.