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City council warning prompts DRB to delay Habitat for Humanity site plan
Summary
City Council warned a special meeting to consider eminent-domain proceedings on a right-of-way that could reshape lots tied to Green Mountain Habitat for Humanity's application on Spear Street; the DRB continued the site plan to allow the council action to resolve first.
The Development Review Board heard staff report that the City Council on Aug. 10 will consider a motion to "institute proceedings to acquire by eminent domain the right of way depicted on the official city map between Parkside Drive and North Jefferson Road," an action staff said could change property boundaries tied to Green Mountain Habitat for Humanity’s subdivision at 120 Spear Street.
Staff read the council’s warned agenda item aloud during the Aug. 4 DRB meeting: “Consider moving to institute proceedings to acquire by eminent domain the right of way depicted on the official city map between Parkside Drive and North Jefferson Road and direct city staff to initiate all necessary steps preliminary to the council appointing a time to examine the premises and hear from all persons interested.” Board members agreed that a council decision could alter the underlying subdivision geometry and therefore continuing the site-plan review was prudent. The DRB set a continuation/check-in to Nov. 3 to allow the council process and any related negotiations to occur.
Board members and staff discussed timing and process: if council moves to institute eminent-domain proceedings, the existing subdivision application could need reconfiguration or remand. Members asked staff whether negotiations with the property owner might run in parallel with formal proceedings; staff confirmed the city commonly explores negotiation even after initiating the eminent-domain process. The board’s continuation preserves the DRB’s ability to review a site plan that may change depending on council action and potential negotiations.
