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Staff Recommendation Amendment B to Zoning Petition ZP 372

Staff Recommendation Amendment B to Zoning Petition ZP 372 Saddleback, Inc. Saddleback Land & Timber Corp. Dallas Plantation and Sandy River Plantation Franklin County July 11, 2007 Location: Sandy River Plantation & Dallas Plantation, Franklin County

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Staff Recommendation Amendment B to Zoning Petition ZP 372

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  1. 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

  2. Location: Sandy River Plantation & Dallas Plantation, Franklin County

  3. 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.

  4. 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.

  5. Location: Land Use Guidance Map

  6. Proposal: Amended Preliminary Development Plan

  7. 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.

  8. 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.

  9. 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

  10. 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).

  11. 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 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 Review comments and hearing testimony

  12. 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) • Commission’s Land Use Districts and Standards, Section10.21,G.

  13. 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.

  14. 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.

  15. Land Use Districts andStandards 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

  16. 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.

  17. Conclusions: Consistent with the Commission’s 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 Commission’s criteria for approval of development. • There would be no undue adverse impact if the Conditions for approval are met.

  18. Conclusions: Consistent with the Commission’s Land Use Districts and Standards, CLUP & Rangeley Plan • Proposal to expand a existing ski area consistent with the CLUP development policy • Consistent with the CLUP’s 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.

  19. SubstantiallyEquivalent 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.

  20. 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.

  21. 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.

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