Sundown Oaks metro district approved after heated public hearing over eminent domain, water and taxes

Douglas County commissioners approved the Sundown Oaks Metropolitan District service plan on Sept. 23 by a 2–1 vote after a prolonged public hearing in which residents raised concerns over eminent domain, groundwater, fiscal transparency and long-term tax burdens.

What was proposed: The Sundown Oaks service plan would create a district covering approximately 173 acres in the Franktown rural community and authorize powers and financing commonly used by metropolitan districts under Colorado Revised Statutes Title 32. The district anticipates 37 single-family lots, an estimated population at build-out of 111 residents and an average lot/home value used in the financial model of roughly $2.2 million. The plan originally proposed a $10 million debt cap and was revised to a $6 million debt cap before reconsideration by the Planning Commission.

Key public concerns: Residents and community groups submitted letters and testified in opposition. Concerns included the district’s potential to use eminent domain, the impact on groundwater and aquifer augmentation (including the use of lower-quality aquifers), the necessity of a district for a development many neighbors said could be built without one, and the potential tax burden on homeowners if the district imposed…