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Delegate Backcountry Study Group
Report to the Delegate Body-August 18, 2015
 April 15, 2014-HRCA Delegate body approves
formation of committee/study group.
 Committee seated via request for volunt...
• Review all known documents
• Identify currently allowed land uses and
locations
• Compare to results of the 2012 Highlan...
 Identified, gathered and reviewed all known
documents related to the Backcountry.
 Identified geographical area and par...
 Consulted Douglas County regulations and
Community Development staff-County processes
and/or regulations
 Prepared reco...
DOCUMENTS REVIEWED OR CONSULTED
BY THE HIGHLANDS RANCH DELEGATE BACKCOUNTRY STUDY GROUP
* Denotes available on HRCA web si...
HRCA Board of Directors Reso. 08-01-02 adopted August 21, 2001 approving amendment to Open Space Conservation Agreement of...
Amendment to Open Space Conservation Agreement between Douglas County, Shea Homes, Sand Creek Cattle Company and the
HRCA ...
 Backcountry is comprised of:
 31 Separate Parcels-8,268 acres +/-
 HRCA owns 18 Parcels-7,235 acres
 Planning Areas
...
 Key Applicable Documents*
 1980 Conservation Easement
 1988 Open Space Conservation Agreement-OSCA
 1996 Wildcat Regi...
 Land Uses Allowed within the Backcountry
 Definitions:
 “By right” means that development of the use would only requir...
 “By right” within HRCA owned, non-planning area Backcountry parcels:
 Wildlife interpretative centers utilizing not mor...
 “By right” within HRCA-owned Planning Areas, except Planning Area G:
The Douglas County Department of Community Developm...
 Community camps (subject to terrain and wildlife habitat), including limited overnight camping,
and community events.
 ...
 Cellular communication facilities.
 Equestrian center, riding areas and stables with sites not to exceed 20 acres,
and ...
 Conflicts between governing documents allowed uses and
2012 community survey:
 76% oppose allowing private sports facil...
 65% supported leaving the Backcountry as open space with
19% opposed.
 56% opposed churches/religious facilities with 1...
HRCA Community Declaration
Section 4.7. Delegates as Advisory Committee for Recreation Cost Center.
The Delegates represen...
 Cemeteries/memorial gardens.
 Colleges/universities.
 Churches/religious worship facilities/retreat centers.
 Sports/...
 Open Space Conservation Area Plan (Wildcat Mountain Reserve)
 Planned Community District Development Guide for the New
...
1. That the Delegates review, discuss and thereafter accept the report and
recommendations of the Study Group.
2. That the...
HRCA Backcountry Wilderness Area Study Group Presentation
HRCA Backcountry Wilderness Area Study Group Presentation
HRCA Backcountry Wilderness Area Study Group Presentation
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HRCA Backcountry Wilderness Area Study Group Presentation

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Backcountry study group presentation 8 17-15

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HRCA Backcountry Wilderness Area Study Group Presentation

  1. 1. Delegate Backcountry Study Group Report to the Delegate Body-August 18, 2015
  2. 2.  April 15, 2014-HRCA Delegate body approves formation of committee/study group.  Committee seated via request for volunteers  Original Committee comprised of 11 delegates  Attrition and schedule conflicts results in seven core members: Roy King-District 4 Greg Herman-District 17 Suresh Damle-District 89 Pat Kaptain-District 100 Tim Lindsey-District 109 Jed Caswall-District 112 Clay Karr-District 114
  3. 3. • Review all known documents • Identify currently allowed land uses and locations • Compare to results of the 2012 Highlands Ranch Community Association Community Survey • Identify steps to update and amend governing documents • Report to the Delegate Body
  4. 4.  Identified, gathered and reviewed all known documents related to the Backcountry.  Identified geographical area and parcels comprising the Backcountry  Worked closely with Douglas County Geographic Information Services (GIS) Department to annotate map. Cost associated $242.40  Identified allowed uses developed by right and special review as detailed under existing documents  Reviewed survey data-HRCA Community Survey 2012
  5. 5.  Consulted Douglas County regulations and Community Development staff-County processes and/or regulations  Prepared recommendations and report for presentation to HRCA Delegates
  6. 6. DOCUMENTS REVIEWED OR CONSULTED BY THE HIGHLANDS RANCH DELEGATE BACKCOUNTRY STUDY GROUP * Denotes available on HRCA web site under Backcountry documents. Planned Community District Development Guide for the New Town of Highlands Ranch first approved by Douglas County September 17, 1979, revised continuously thereafter. Conservation Easement (Highlands Ranch) granted by Mission Viejo Company to Douglas County dated April14, 1980, recorded June 19, 1980 at Bk 388 Pg 759.* Open Space Agreement between Mission Viejo Company and Douglas County dated October 2, 1980, recorded October 22, 1980 at Bk 396 Pg 864.*(exhibit to OSCA Plan) Open Space Conservation Agreement between Mission Viejo Company, Douglas County and the Highlands Ranch Community Association ("HRCA") dated November 15, 1988, recorded November 18, 1988 at Bk 826 Pg 20.*(exhibit to OSCA Plan) Wildcat Regional Park Agreement between the Mission Viejo Company, Sand Creek Cattle Company, Douglas County and the HRCA dated November 6, 1996.* Open Space Conservation Area Plan (Wildcat Mountain Reserve) prepared by the HRCA OSCA Committee in February 1997, revised and approved on June 1, 2000 by Shea Homes, Douglas County and the HRCA, recorded June 13,2000 at Bk 1856 Pg 2030.* OSCA Management Implementation Plan May 28, 2000 (applies to OSCA non planning areas) prepared for Shea Homes and the HRCA by Science Application Int'l Corp. and Hellmund Associates.* Agreement Regarding Development of Private Golf Course (OSCA-Planning Area A) between Shea Homes, Sand Creek Cattle Company and the HRCA dated August 28, 2001 (addressing proposed development of 467 acre 36-hole golf course, country club and associated Backcountry Residential Development and adjustments in boundaries of Planning Area A). HRCA Delegates Reso. 08-01-01 adopted August 21, 2001 approving amendment to Open Space Conservation Agreement of November 18, 1988 and approving release of Golf Club Parcel (467 acres) from being transferred to HRCA so as to allow Shea to develop one or two private golf courses/country clubs. Shea to pay the HRCA $1.342 million and convey site to HRCA for Southridge Rec Center.
  7. 7. HRCA Board of Directors Reso. 08-01-02 adopted August 21, 2001 approving amendment to Open Space Conservation Agreement of November 18, 1988 and approving release of Golf Club Parcel (467 acres) from being transferred to HRCA so as to allow Shea to develop one or two private golf courses/country clubs. Shea to pay the HRCA $1.342 million and convey site to HRCA for Southridge Rec Center. 2002 HRCA Strategic Planning Committee for OSCA Report and Recommendations to the HRCA Board of Directors regarding OSCA.* 2002 HRCA OSCA Survey Results from community survey conducted by the HRCA Strategic Planning Committee for OSCA (re OSCA Planning Parcels B, D, E, F and G).* Amended and Restated Agreement Regarding Development of Private Golf Course (OSCA-Planning Area A) between Shea Homes, Sand Creek Cattle Company and the HRCA dated April 15, 2004 (addressing amendments to boundary of Planning Area A to accommodate Shea's changed plans regarding development of golf course and associated development within the Backcountry Residential Development and exclude certain portions of original Planning Area A from future transfer to the HRCA). In consideration for HRCA's consent to the agreement, HRCA was to be paid a percentage of the sale price of residential lots created within what was initially non-developable land within Planning Area A. First Amendment to Amended and Restated Agreement Regarding Development of Private Golf Course (OSCA-Planning Area A) between Shea Homes, Sand Creek Cattle Company and the HRCA dated October 31, 2012 (addressing additional boundary line adjustments in the 467- acre Golf Course Property requested by Shea to accommodate its development of the Backcountry Residential Development). Third Amendment to Agreement Regarding Consents, Waivers and Restrictive Covenants Affecting Property (OSCA-Planning Area A) between Shea Homes, Sand Creek Cattle Company, Backcountry Association, Inc., and the HRCA dated October 31, 2012, recorded December 6, 2012, at Rec. #2012094023 (addressing amendments to earlier agreements necessary to accommodate Shea's requested adjustments in the boundary lines for Planning Area A and future residential development as part of the Backcountry Residential Development). Cont’d
  8. 8. Amendment to Open Space Conservation Agreement between Douglas County, Shea Homes, Sand Creek Cattle Company and the HRCA dated November 6, 2012, recorded November 13, 2012, at Rec. #2012086734 (providing for amendments to the OSCA Agreement and OSCA Plan at the request of Shea so as to accommodate changes in the boundaries of Planning Area A and allow Shea to construct residential development within areas originally in Planning Area A, but excluded under the amendment agreement). Backcountry Wilderness Area of Highlands Ranch Rules and Regulations.*
  9. 9.  Backcountry is comprised of:  31 Separate Parcels-8,268 acres +/-  HRCA owns 18 Parcels-7,235 acres  Planning Areas  Approximately 1,441 acres  HRCA owns approximately 580 acres  Minimal development on HRCA planning areas
  10. 10.  Key Applicable Documents*  1980 Conservation Easement  1988 Open Space Conservation Agreement-OSCA  1996 Wildcat Regional Park Agreement  2000 Open Space Conservation Agreement-OSCA  2002 Highlands Ranch Open Space Conservation Area Management Plan  2012 Community Involvement Process for Assessing Backcountry Planning Proposals * Available at hrcaonline.org
  11. 11.  Land Uses Allowed within the Backcountry  Definitions:  “By right” means that development of the use would only require the approval by Douglas County of a site specific improvement plan. The land use/development review and approval process adopted by the HRCA in 2012 previously described above does not apply to development outside the HRCA-owned planning areas.  “Special review” a two-step approval process requiring public hearings .  “By right” within all Backcountry parcels:  Ranches for the production and sale livestock (e.g., cattle, buffalo and horses) and associated structures.  Agricultural education facilities.  Public utility buildings, structures, facilities and distribution lines.  Flood control and drainage facilities, including impoundment reservoirs.  Multi-use/purpose trails.  Public transportation facilities.
  12. 12.  “By right” within HRCA owned, non-planning area Backcountry parcels:  Wildlife interpretative centers utilizing not more than ten acres “at the interface” with a Planning Area, and wildlife viewing areas.  Utilization of existing historic structures for a ranch headquarters, caretaker structure, heritage center or living history museum without expanding the original structure square footage.  Archaeological sites and interpretative center sites not to exceed ten acres in size.  Sludge (treated effluent) application.  Potable water reservoirs, including buried tanks up to 5 million gallons.  Communication, electrical and natural gas distribution facilities.  Community camps (subject to terrain and wildlife habitat), including limited overnight camping, with associated structural facilities up to a total of 10,000 sq. ft., e.g., dining and sanitary facilities and storage.  Polo fields, fishing ponds, open space buffers and hunting.  Roads, interpretative signs and picnic areas.  Ranch and land manager/caretaker residences.  Water and wastewater treatment plants not exceeding 100,000 gallon capacity and distribution lines.  Additional uses currently allowed only by special review  Exploration/extraction of mineral resources.  Water/wastewater treatment plants exceeding 100,000 gallon capacity.  Community camps (subject to terrain and wildlife habitat), including limited overnight camping, with associated structural facilities exceeding 10,000 sq. ft., e.g., dining and sanitary facilities and storage.  Utilization of existing historic structures for a ranch headquarters, caretaker structure, heritage center or living history museum by expanding the original structure square footage.
  13. 13.  “By right” within HRCA-owned Planning Areas, except Planning Area G: The Douglas County Department of Community Development has confirmed that the individual planning areas owned by the HRCA (Planning Areas B, D, E, F and G, and a small remaining portion of Planning Area A) do not have defined boundaries notwithstanding their depiction on various planning maps. Likewise, the acreage assigned to each area is not fixed (see footnote 1). It may also be worth noting again that most of Planning Area A, the former Golf Course Area, is now owned by the Backcountry HOA as open space, Planning Area C is owned by Douglas County and is specifically limited to use as a regional park, Planning Area H is currently owned by Douglas County and utilized by the school district for athletic fields, and Planning Areas I and J are occupied by the Highlands Ranch Law Enforcement Training Center.  Law enforcement stations/offices and fire stations  Libraries, museums, cultural centers (structures not to exceed 50,000 sq. ft.), amphitheaters (sites not to exceed one acre), archaeological and interpretative centers (sites not to exceed ten acres), and utilization of existing historic structures for ranch headquarters, caretaker structure, heritage center, or living history museum (not to exceed historic structure square footage).  Farms and gardens for the production and sale of crops, including tree farms, arboreta, and associated structures, agricultural research facilities, and livestock structures, including feedlots.  Water and wastewater treatment plants not exceeding 100,000 gallon capacity and distribution lines.  Sludge (treated effluent) application.  Potable water reservoirs, including buried tanks up to 5 million gallons.  Cellular communication facilities.  Religious institutions, churches and retreat facilities not exceeding 350 seating capacity “in main worship area.”  Colleges/universities, environmental education camps, and satellite educational facilities with structures not to exceed 50,000 sq. ft.  Sport training or other recreation centers/facilities with structures not to exceed 50,000 sq. ft., and skateboard and in-line skating facilities.  Equestrian center, riding areas and stables with sites not to exceed 20 acres, and polo fields.  Multi-use trails.
  14. 14.  Community camps (subject to terrain and wildlife habitat), including limited overnight camping, and community events.  Animal rehabilitation center/wildlife hospital (sites not to exceed one acre).  Wildlife interpretative centers utilizing not more than ten acres “at the interface” with non-planning area open space, and wildlife viewing areas.  Roads, signs and ranch and land manager/caretaker residences.  Unspecified “other uses” which “serve all or a portion of Highlands Ranch and similar to and consistent with uses by right, subject to review and approval by the Douglas County Planning Director based upon recommendation from the HRCA.”  Special Review within HRCA-owned Planning Areas, except Planning Area G:  Religious institutions, churches and retreat facilities exceeding 350 seating capacity “in main worship area.”  Electrical facilities over 115 KV, cable television, radio and communication facilities.  Colleges/universities, environmental education camps, and satellite educational facilities with structures in excess of 50,000 sq. ft.  Sport training or other recreation centers/facilities with structures in excess 50,000 sq. ft.  Recreational water parks.  Ice skating rink/facilities.  Equestrian center, riding areas and stables with sites in excess of 20 acres  Commercial sledding/tobogganing operation, inclusive of snowmaking equipment  Cultural center with structures in excess of 50,000 sq. ft.  Amphitheaters with sites in excess of one acre.  Animal rehabilitation center/wildlife hospitals with sites in excess of one acre.  Wildlife interpretative centers utilizing more than ten acres “at the interface” with non-planning area open space.  Dog training areas.  Cemetery/mausoleum.
  15. 15.  Cellular communication facilities.  Equestrian center, riding areas and stables with sites not to exceed 20 acres, and polo fields.  Community camps (subject to terrain and wildlife habitat), including limited overnight camping, and community events.  Museums, cultural centers (structures not to exceed 50,000 sq. ft.), amphitheaters (sites not to exceed one acre), archaeological and interpretative centers (sites not to exceed ten acres),  Animal rehabilitation center/wildlife hospital (sites not to exceed one acre).  Wildlife interpretative centers utilizing not more than ten acres “at the interface” with non-planning area open space, and wildlife viewing areas.  Roads and signs.  Unspecified “other uses” which “serve all or a portion of Highlands Ranch and similar to and consistent with uses by right, subject to review and approval by the Douglas County Planning Director based upon recommendation from the HRCA.”
  16. 16.  Conflicts between governing documents allowed uses and 2012 community survey:  76% oppose allowing private sports facilities.  73% oppose allowing cemeteries/memorial gardens.  71% oppose allowing a college or university.  69% oppose allowing houses of worship.  68% oppose horses boarding facilities.  63% opposed to an equestrian center/riding arena.  62% oppose allowing a skate park.  61% oppose allowing golf courses.  55% oppose allowing recreation centers.  53% oppose allowing an indoor ice arena.  Conversely, 57% support simply leaving the Backcountry as it is.
  17. 17.  65% supported leaving the Backcountry as open space with 19% opposed.  56% opposed churches/religious facilities with 16% in support.  61% opposed cemeteries with 10% in support.  57% opposed college or university with 20% in support.  48% opposed a skate facility with 21% in support.  45% opposed sports training facility with 23% in support. (Note: No distinction was drawn between private or other facilities.)  40% opposed an equestrian center with 28% in support.  40% opposed a golf course with 36% in support.  32% opposed a recreation center with 36% in support (Note: This was prior to the construction of the Southridge Rec Center).  31% opposed an ice arena with 41% in support.
  18. 18. HRCA Community Declaration Section 4.7. Delegates as Advisory Committee for Recreation Cost Center. The Delegates representing those Members who are entitled to use any Recreation Cost Center shall act as an advisory committee to the Board with respect to the operation and maintenance of such Recreation Cost Center. Such Delegates, representing the applicable percentage of the Owners of such Privately Owned sites, may propose to the Board (a) rules and regulations respecting the use and operation of the Recreation Cost Center, (b) increases or reductions in RFCA's attributable to the Recreation Cost Center, (c) Improvements to Property relating to the Recreation Cost Center, or (d) any other authorized action under the Community Declaration pertaining to such Recreation Cost Center. The Board shall adopt any such proposal, unless it determines in its sole discretion that the proposal, if adopted, would substantially and adversely affect any Member or group of Members not represented by such Delegates. Those Delegates making any such proposal must represent a percentage of Owners of Privately Owned Sites, as applicable, which equals or exceeds the percentage set forth elsewhere in this Community Declaration for similar action or approvals by the Members of the Community Association at large.
  19. 19.  Cemeteries/memorial gardens.  Colleges/universities.  Churches/religious worship facilities/retreat centers.  Sports/training facilities, including rec centers and ice arenas.  Skate park/facilities.  Horse boarding/equestrian center/arena facilities and polo fields.  Golf courses.  Water parks (Note: 57% of respondents in the 2012 survey opposed the development by the HRCA of an outdoor pool/aquatics center anywhere within Highlands Ranch)  Sledding/tobogganing facilities, inclusive of snow making.  Off-road bike parks.  Public transportation facilities.  Sludge applications.  Feedlots  Water and waste water treatment plants.  Cellular/other communication towers/distribution facilities.  “Unspecified other uses” as may be approved by Douglas County absent the express consent of the HRCA.
  20. 20.  Open Space Conservation Area Plan (Wildcat Mountain Reserve)  Planned Community District Development Guide for the New Town of Highlands Ranch  Open Space Conservation Agreement How to accomplish:  County Land Use Review Process  Administrative Amendment Process  Major Amendment Process  Amendments to Governing Documents  Requires approval of all contracting parties to original agreements  Shea Homes, Highlands Ranch Community Association and Douglas County. *e.g., Amendments for Planning Area “A”- Backcountry Development
  21. 21. 1. That the Delegates review, discuss and thereafter accept the report and recommendations of the Study Group. 2. That the Delegates vote to direct the HRCA Board of Directors to promptly initiate and timely complete those steps necessary to amend the appropriate governing documents so as to eliminate those uses listed in the Delegate Study Group’s report from potential development on any and all land owned by the HRCA in the Backcountry. 3. That the Delegates reauthorize and direct the Delegate Study Group to undertake such further tasks as the Delegates may determine necessary or desirable. 4. That the Delegates request the HRCA Board of Directors to authorize monetary reimbursement to the Study Group in the amount of $242.40 to cover the expenses incurred by the Group in carrying out its work. 5. That the Board directs staff to print, poster board or frame and display the Backcountry map at all recreation centers. We request Delegates review the supplied information and continue any action until the next meeting when we will ask for a motion.

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