The developers of a housing project in northeast Colorado Springs have asked the City Council for permission to use eminent domain to help them secure road access for the neighborhood.

Developers are planning to build 110 attached and detached single-family homes for the Miller Downs development, proposed in an enclave north of the intersection of Dublin Boulevard and Peterson Road. The first presentation for the metropolitan district that would cover the homes was shown at the City Council work session Monday morning.

In an unusual move, the metro district asked for the ability to use eminent domain to obtain two parcels of land in the adjacent neighborhood to the west. The parcels are needed in order for the roads in the Miller Downs neighborhood to connect to other city streets.

One parcel is owned by the Woodmen Heights Metro District and the other is owned by an LLC. Metro districts are allowed to use eminent domain if they receive approval from the local government first, though the City Council questioned the need for the power.

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“We don’t know who’s being reasonable in those negotiations,” Councilmember Dave Donelson said. “Without knowing that, I think it would be unwise for us to give them eminent domain and give them more authority.”

The parcels had been marked as possible routes for new roads when the neighborhood plans were approved in 2015 and 2017 and have not been developed, city staff said.

Colin Mielke, the attorney for the developers, told the City Council that they were still negotiating over the properties with both groups. Mielke said they preferred to add the eminent domain ability now than to come back to the City Council later if things fell through.

The annexation decisions will come to the City Council for consideration in October. The final decision on the metropolitan district would come later after the annexation details are approved.

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Councilmember David Leinweber said he worried about the reaction from the neighbors who would have new roads connecting to their neighborhood. Leinweber called the development a “time bomb” for public concerns.

The annexations and land use plan were unanimously approved by the Planning Commission on Aug. 13. The commission did add a condition to the land use plan to cap the maximum height of new homes in the development at 35 feet, which would largely prevent them from being taller than two stories.

At the Planning Commission meeting, neighbors showed up to speak for and against the development. One couple said the developers had been very communicative over the last year and willing to adjust their plans. The proposal for Miller Downs had originally included more than 140 homes but was reduced due to neighbor concerns and traffic issues.

Jack and Chari Casey, who live near the proposed development, said their biggest concern was keeping the density the same or lower than the existing neighborhoods.

“I’m not totally against it but it makes me very nervous, and I feel it’s going to negatively impact the property values of people who spent a lot of money to have these beautiful views,” Jack Casey told the Planning Commission.