To view a presentation on proposed 2010-2020 impact fees for transportation, drainage and public safety, click here.

To see the impact fees resolution approved Monday by the Las Cruces City Council, click here.

LAS CRUCES - Las Cruces residents could face new fees in the future, but not likely anytime soon.

The Las Cruces City Council took the first step Monday toward potential new impact fees for Las Cruces residents. But it could be as long as a year before anything is decided.

It's taken elected city officials almost five years to reach this point, but the council adopted a resolution Monday that accepts land-use assumptions for proposed impact fees for major road construction, stormwater drainage and public safety infrastructure improvements. The land-use assumptions were presented in a study conducted by Duncan and Associates.

The city already levies impact fees for parks, wastewater and water, but state law also allows municipalities to assess fees for public safety, major road construction and stormwater drainage improvements. The addition of public safety impact fees would be charged citywide, but impact fees for major road construction and stormwater drainage would also be levied to

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builders and developers in areas of the city where growth is expected through 2020.

What Monday's council approval means is that city administrators and staff members can now proceed with development of an Impact Fee Capital Improvements Plan for council and public review, and council approval.

"Staff review on the Phase 2 Impact Fee Capital Improvements Plan for major roads, drainage and public safety is in progress," Public Works Director Mike Johnson said. "This is the document that will identify the capital projects and calculate the transportation, drainage and public safety impact fees. I am anticipating presenting the draft of this report to the Capital Improvements Advisory Committee (CIAC) for their initial review and comment no later than February. Public meetings, CIAC final approval and then council consideration will be in the months to follow."

Isaac Chavez, chief executive officer of the Las Cruces Association of Realtors, said he doesn't expect quick council action on the proposed impact fees.

"The debate will begin about what amount the fee will be," Chavez said. "The land-use assumptions for residential growth seem equitable. These numbers are what we've been asking for since Day One, and we've been advocating for this for years."

According to the Duncan and Associates study, citywide residential growth, based on population growth and household size trends, indicate a 2 percent annual growth from 2010 to 2020, with 9,832 new housing units expected to be built. Residential growth in the city's "growth areas," or specifically the east and west mesas, is projected to increase 3 percent a year to 2020, with 9,233 of the 9,832 new housing units expected to be in those areas.

But Judd Singer, representing the Las Cruces Home Builders Association, said he and other association members are concerned with the three-tenths of 1 percent growth projection for commercial development in the next 10 years. He said impact fees based on those projections could be bad news for builders and developers, city officials, and future commercial business owners, who could have substantial impact fees passed on to them.

"Our fear is that if the city over-projects it hurts the number of development," Singer said. "Take the time to review the numbers being projected to commercial and industrial development. Impact fees will make a difference in their projects."

Las Cruces developer Eddie Binns also urged the council to be cautious.

"An impact fee is a tax, nothing more than a tax," Binns said.

He added that some developers have been levied twice for impact fees.

"From experience, I can say that there's been a number of areas in town where major expenditures have been made," Binns said. "There are many things that need to be worked out."

Mayor Ken Miyagishima hinted it might take the council time to come to a resolution on possible impact fees for commercial and industrial areas in the expected growth areas of the city.

"Where commercial is concerned, I think we have a lot of work involved," Miyagishima said. "...We didn't get to where are today, as a city, by being unfair."

Chavez said once Johnson presents his draft to the CIAC, the committee could take several months to review the document and make its recommendations. There was consensus among the council that public meetings should also be conducted. No time line was initially announced to indicate just how long the process could take.

"But I'd be at least a little surprised if it happened within a year," Chavez said.

Steve Ramirez can be reached at (575) 541-5452

The potential impact

• City officials are considering implementing development impact fees for major road improvements, stormwater drainage and public safety facilities in growth areas of the city.

• Any proposed fees would be based on land use assumptions occurring within the city through the next 10 years.

• It has been proposed that citywide impact fees would be levied for public safety improvements, but impact fees for major road construction and stormwater drainage would also be applied to areas of the city where growth is expected to occur - specifically the east and west mesas.

• According to a study conducted by Duncan and Associates, of Austin, Texas, citywide residential growth is anticipated to be 2 percent annually, between 2010 to 2020.

• Growth area residential growth is anticipated to be 3 percent from 2010 to 2020.

• Commercial growth is anticipated to be at three-tenths of 1 percent from 2010 to 2020.

• According to the study, Las Cruces' population is projected to increase from approximately 96,994, in 2010, to 116,704, by 2020.

Capital Improvement Advisory Committee