Staff Recommendation Amendment B to Zoning Petition ZP 372

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Staff RecommendationAmendment B to Zoning
Petition ZP 372

• Saddleback, Inc. Saddleback Land Timber
  Corp.
• Dallas Plantation and Sandy River Plantation
• Franklin County
• July 11, 2007

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• Location
• Sandy River Plantation Dallas Plantation,
  Franklin County

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Administrative History Existing Conditions

• 1959 - Saddleback Mountain Ski resort established
• 1989 - Commission granted approval to the
  previous owner (Saddleback Mountain, Inc. and
  Franklin Timberlands) for ZP 372 and Preliminary
  Development Plan, establishing a D-PD Subdistrict
  on 1,960 acres of an 11,750 acre parcel.
• 1994 - ZP 372-A issued to the previous owner
• 2003 - The petitioners purchased the ski resort
  and 8,087 acres of the original 11,750 acre
  parcel.
• 2004 - Final Development Plan Permit DP 4131
  approved
• Amendments B though J have been approved to date.

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Proposal

• Rezone 1,898 acres to expand the existing 1,960
  acre D-PD Subdistrict.
• Proposed D-PD Subdistrict would be 3,858 acres
• Land to be rezoned is used for timber and
  recreation.
• Current Zoning
• (M-GN) General Management Subdistrict,
• (P-MA) Mountain Area Protection Subdistrict,
• (P-RR) Recreation Protection Subdistrict,
• (P-GP) Great Pond Protection Subdistrict,
• (P-SL) Shoreland Protection Subdistrict, and
• (P-WL) Wetland Protection Subdistrict.

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Location Land Use Guidance Map
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Proposal Amended Preliminary Development Plan
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Statement of Purpose

• To make the resort economically viable and
  competitive in the ski industry market, the
  petitioners would
• Increase housing and lodging availability,
• Expand the variety of skiing and related options,
  and
• Change Saddleback to a four-season resort over
  the next ten years.

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Proposal

• Development activities are planned in 4 phases
  over 10 years.
• Housing
• 450 condominium and timeshare units
• 160 house lots
• 100 room hotel
• 60 room inn
• 20 site RV Park
• Employee housing
• 4 new ski lifts, replacement of 2 existing lift
• 13 new ski trails snowmaking would be extended
  to all trails
• 2 new Day lodges
• An amenity center, tubing park, tennis courts,
  Race Center with café, Learning Center, Magic
  Carpet at Magalloway Lodge, Amenity Area attached
  to the inn, Restaurant, offices and retail space.

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Proposal

• Phase 1
• 84 housing units 36 Timeshare 24 condominiums
  and 24 house lots
• An amenity center, tubing park, and tennis courts
• Magalloway Ski Lift
• 5 ski trails, extend snowmaking to 3
• Phase 2
• 158 housing units 40 room inn 36 house lots
  34 condominiums 48 timeshares
• Race Center with café
• Magalloway Day Lodge and Magic Carpet
• Learning Center
• False Peak Ski Lift
• Replacement of the existing T-bar Ski Lift with a
  low level quad chair lift
• 1 ski trail, extend snowmaking to three trails

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Proposal

• Phase 3
• 146 housing units add 20 rooms to the inn, 40
  house lots, 20 condominiums and 66 timeshare.
• Amenity Area attached to inn
• Employee residence hall
• Replace the Kennebago Lift with a quad lift, West
  Bowl Lift
• Begin No Name Ski Trails and open the West Bowl
  glade trails.
• Begin to extend snowmaking to the No Name Trails
• Phase 4
• 382 housing units 100 room hotel 20 site RV
  park 60 house lots 110 condominiums 112
  timeshare
• Offices and retail space below the existing Base
  Lodge
• The No Name Day lodge and No Name Restaurant
• No Name Ski Lift
• No Name Trails would continue to be constructed
  and snowmaking extended to these trails (7
  total).

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Review comments and hearing testimony

• National Park Service
• Appalachian Trail Conservancy
• Nestle Waters North America
• Rangeley Water District
• Town of Rangeley
• Natural Resources Council of Maine
• John T. Scholz
• Oral testimony from public at hearing

• MDEP/Division of Environmental Assessment
• MDEP/Division of Watershed Management
• Maine Department of Inland Fisheries and Wildlife
  
• Maine Department of Health and Human Services
• Maine Geologic Survey
• Maine State Soil Scientist
• Maine Natural Areas Program

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Review Criteria

• Statute
• 12 M.R.S.A., Section 685-A(8-A) Criteria for
  amending district boundaries
• 12 M.R.S.A., Section 685-B(4) Criteria for
  approval of development
• Comprehensive Land Use Plan (1997)
• Chapter 3 Natural Resources
• Chapter 5 Goals and Policies
• Prospective Zoning Plan for the Rangeley Lakes
  Regions (2001)
• Commissions Land Use Districts and Standards,
  Section 10.21,G.

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Land Use Districts and Standards

• Section 10.21,G,1 - Purpose of the D-PD
  Subdistrict
• Allow for large scale, well-planned developments.
  
• Consider development proposals separated from
  existing developed areas, provided that they
• can be shown to be of high quality and not
  detrimental to other values established by the
  CLUP, and
• depend on a particular natural feature or
  location, which is available at the proposed
  site.
• A permit will be granted when the Commission is
  persuaded by a preponderance of all evidence that
  the location of the site is the best reasonably
  available for the proposed use and that the goals
  and policies of the Comprehensive Land Use Plan
  are served.

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Land Use Districts and Standards

• Section 10.21,G,8,a - Phasing.
• When the preliminary development plan involves a
  staged development and the applicant cannot
  reasonable make available the maps required
  covering all future stages of development, he
  shall submit maps covering the initial
  development stage and sketch maps covering all
  other development stages.
• Plans shall describe all proposed land uses,
  densities, circulation patterns, and building
  locations, in sufficient detail to permit the
  Commission to determine if the site can support
  the entire development program, especially in
  terms of soil suitability, traffic circulation,
  and water supply and sewage waste disposal.

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Land Use Districts and Standards

• Approval of a Preliminary Development Plan
  Sections 10.21,G,8,b(1) to (8)
• Conforms with the CLUP and 12 MRSA, 206-A
• Incorporates substantially equivalent level of
  protection as original protection subdistrict
• Utilizes best reasonably available site
• Conserves productive forestland
• Uses high quality site planning and design
• Reasonably self-sufficient for public services
• Safe and efficient traffic circulation
• Utilizes best practical technology to reduce
  pollution, waste and energy consumption

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CLUP Rangeley Plan

• CLUP
• Chapter 3 Natural Resources
• Chapter 5 Goals and Policies
• Mountain Resources
• Recreational Resources
• Special Natural Areas
• Water Resources
• Wildlife
• Prospective Zoning Plan for the Rangeley Lakes
  Regions (2001)
• Specifically cites Saddleback and vicinity as an
  area for development and rezoning.

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Conclusions Consistent with the Commissions
Statute

• The rezoning and preliminary development plan
  serve a demonstrated need in the community.
• Adequate provision has been made in the Amended
  Preliminary Development Plan to ensure
  consistency with the Commissions criteria for
  approval of development.
• There would be no undue adverse impact if the
  Conditions for approval are met.

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Conclusions Consistent with the Commissions
Land Use Districts and Standards, CLUP Rangeley
Plan

• Proposal to expand a existing ski area consistent
  with the CLUP development policy
• Consistent with the CLUPs goals and policies for
  natural resources.
• Would be in accordance with the Rangeley Plan
• i.e., would rezone to create a four season resort
  in Dallas and Sandy River Plantation, would rely
  on the Town of Rangeley.

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Substantially Equivalent Level of Protection

• Mountain Area Protection Trails and Lifts
  proposed. Structures related to downhill skiing
  are a use allowed by special exception.
• Recreation Protection Subdistrict. Glade ski
  trails and a portion of T-bar lift proposed.
  Subdistrict allows other uses that are not
  detrimental to the uses or resources they
  protect. The P-RR protects midway Pond and the
  development would have no detrimental effect on
  the primitive recreational use of this pond.
• Great Pond Protection and Shoreland Protection
  Subdistrict Limited residential/recreational
  uses and all setback, clearing, and buffering
  requirements would be maintained.
• Wetland alterations would be avoided or minimized.

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Staff Recommendation

• Staff recommends approval of Saddleback, Inc.
  and Saddleback Land Timber Corp.s petition
• To rezone 1,898 acres from M-GN,
• P-MA, P-RR, P-GP, P-SL, and P-WL Subdistricts to
  (D-PD) Planned Development Subdistrict, and
• To Amend the Preliminary Development Plan to
  expand the Saddleback Ski resort.

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Changes to Staff Recommendation

• Clarify timing
• Insert each of the four Final Development Plans
  - Conditions 1-4, 17, 20, 21, 24, 26, 27,
  29, 30, 33, 36
• Insert phase one - 12, 19, 23
• False Peak Trails Changed 2 to 3
• Condition 9 Inserted language to allow them to
  submit information during Final Development Plans
  to show no legal objection to running ski lifts
  June through September.
• Condition 28 Allowed for licensed engineers
  with appropriate qualifications to stand in for
  individuals with DEP certification in erosion and
  sedimentation control on site during all
  construction.
• Condition 32 Changed so only if the trails
  cross the S3 community do they have to work with
  MNAP.