11110 NUMi AR 1 11 III FEE 2012012839 OFFICIAL OF MOHAVE RECORDSCOUNTY CAROL MEIER COUNTY RECORDER

03142012 0129 PM Fee 0 PAGE 1 of 9

RESOLUTION NO 2012021

A RESOLUTION SETTING FORTH AN AMENDMENT TO BOS RESOLUTION NO 2010230 SETTING FORTH THE APPROVAL OF A MAJOR AMENDMENT TO THE MOHAVE COUNTY GENERAL PLAN FOR SECTIONS 22 23 25 26 27 34 35 AND 36 TOWNSHIP 16 12 NORTH RANGE 20 12 WEST FROM UDA LR URBAN DEVELOPMENT AREA LOW DENSITY RESIDENTIAL UDA MR URBAN DEVELOPMENT AREA MEDIUM DENSITY RESIDENTIAL SDA SR SUBURBAN DEVELOPMENT AREA SUBURBAN RESIDENTIAL RDA RR RURAL DEVELOPMENT AREA RURAL RESIDENTIAL UDA NC URBAN DEVELOPMENT AREA NEIGHBORHOOD COMMERCIAL AND UDA PP URBAN DEVELOPMENT AREA PUBLIC PARKS LAND USE DESIGNATIONS FOR SECTIONS 19 29 30 31 EXCEPTING THE SE 14 SE 14 SECTION 32 AND A PORTION OF SECTION 33 TOWNSHIP 16 12 NORTH RANGE 20 WEST FROM UDA LR URBAN DEVELOPMENT AREA LOW DENSITY RESIDENTIAL UDA MR URBAN DEVELOPMENT AREA MEDIUM DENSITY RESIDENTIAL UDA HR URBAN DEVELOPMENT AREA HIGH DENSITY RESIDENTIAL SDA SR SUBURBAN DEVELOPMENT AREA SUBURBAN RESIDENTIAL RDA RR RURAL DEVELOPMENT AREA RURAL RESIDENTIAL UDA NC URBAN DEVELOPMENT AREA NEIGHBORHOOD COMMERCIAL UDA GC URBAN DEVELOPMENT AREA GENERAL COMMERCIAL UDA URBAN DEVELOPMENT AREA FOR MIXED USE AND UDA PP URBAN DEVELOPMENT AREA PUBLIC PARKS LAND USE DESIGNATIONS FOR SECTIONS 1 2 3 PORTIONS OF SECTIONS 10 AND 11 SECTION 12 AND PORTIONS OF SECTIONS 1314 AND 15 TOWNSHIP 16 NORTH RANGE 20 12 WEST FROM UDA LR URBAN DEVELOPMENT AREA LOW DENSITY RESIDENTIAL UDA MR URBAN DEVELOPMENT AREA MEDIUM DENSITY RESIDENTIAL UDA HR URBAN DEVELOPMENT AREA HIGH DENSITY RESIDENTIAL RDA RR RURAL DEVELOPMENT AREA RURAL RESIDENTIAL UDA NC URBAN DEVELOPMENT AREA NEIGHBORHOOD COMMERCIAL UDA GC URBAN DEVELOPMENT AREA GENERAL COMMERCIAL UDA LI URBAN DEVELOPMENT AREA LIGHT INDUSTRIAL UDA URBAN DEVELOPMENT AREA FOR MIXED USE UDA PF URBAN DEVELOPMENT AREA PUBLIC FACILITIES AND UDA PP URBAN DEVELOPMENT AREA PUBLIC PARKS LAND USE DESIGNATIONS FOR SECTION 6 AND NORTHERN PORTIONS OF SECTIONS 14 15 16 17 AND 18 TOWNSHIP 16 NORTH RANGE 20 WEST FROM UDA LR URBAN DEVELOPMENT AREA LOW DENSITY RESIDENTIAL UDA MR URBAN DEVELOPMENT AREA MEDIUM DENSITY RESIDENTIAL UDA HR URBAN DEVELOPMENT AREA HIGH DENSITY RESIDENTIAL RDA RR RURAL DEVELOPMENT AREA RURAL RESIDENTIAL UDA LI URBAN DEVELOPMENT AREA LIGHT INDUSTRIAL UDA URBAN DEVELOPMENT AREA FOR MIXED USE RESOLUTION NO 2012021 PAGE 2

AND UDA PP URBAN DEVELOPMENT AREA PUBLIC PARKS LAND USE DESIGNATIONS AND FOR THE NORTHERN PORTION OF SECTION 18 TOWNSHIP 16 NORTH RANGE 19 WEST FROM UDA LI URBAN DEVELOPMENT AREA LIGHT INDUSTRIAL AND UDA PP URBAN DEVELOPMENT AREA PUBLIC PARKS LAND USE DESIGNATIONS TO UDA HI URBAN DEVELOPMENT AREA HEAVY INDUSTRIAL LAND USE DESIGNATION FOR A SOLAR POWER PLANT AND RELATED USES AND AMEND EXHIBITS VIA AND VI10 OF THE GENERAL PLAN TO MATCH CONSISTING OF APPROXIMATELY 21 SQUARE MILES IN THE MOHAVE COUNTY GENERAL AREA MOHAVE COUNTY

WHEREAS at the regular meeting of the Mohave County Board of Supervisors held on February 6 2012 a public hearing was conducted to determine whether approval should be granted to amend BOS Resolution No 2010130 setting forth a Major Amendment to the Mohave County General Plan for the abovedescribed property as requested by Andrew Gleason Esq of Phoenix Arizona representing Sterling Solar LLC of Mercer Island Washington and

WHEREAS the language to be added has been bolded and double underlined The language to be deleted has been struck and

WHEREAS the area to be amended covers some 21 square miles of contiguous private land and State Trust land surrounded by other private properties and Bureau of Land Management holdings including Warm Springs Wilderness Area to the north The property is located adjacent to and north of Interstate 40 and approximately two miles east of Oatman Highway County Route One the community of Golden Shores and the Havasu Wildlife Refuge The planning area is comprised of low desert terrain consisting of rolling hills washes and arroyos forming the rising pavilion of the Black Mountains to the east with all drainage toward the The crosses the along the southern boundary between Interstate 40 and the Burlington Northern and Santa Fe rail line The surrounding land uses consist of vacant land and widely scattered singlefamily dwellings on large parcels and

WHEREAS the General Plan was first amended in 1999 via BOS Resolution No 99156 to accommodate the Sterling Area Plan a multiple use standalone residential community covering some 16squaremiles of contiguous private land holdings Sterling was envisioned as the western residential and commercial gateway to Mohave County offering amenities for those wishing to retire to the Southwest along the Colorado River and

WHEREAS presently the Sterling Area Plan provides elements for Land Use Transportation Public Infrastructure Public Facilities Safety and Support as well as Parks and Recreation The eight villages designate 3230 acres for 2445 low 19305 medium and 4860 high density residential units In addition 480 Suburban Residential lots are planned on 480 acres Commercial uses will utilize 400 acres Mixed Use areas comprised of high density residential office and commercial uses are planned on 1665 acres Light Industrial uses along Interstate40 consist of 810 acres Parks and open space would make up 3170 acres and RESOLUTION NO 2012 021 PAGE 3

WHEREAS the applicant requests the major General Plan and Area Plan amendments to Heavy Industrial to allow for a land use redesignation of the entire Sterling Area Plan and add a sixsquare mile expansion of the Area Plans boundary The Mohave County General Plan currently designates the land use in the expansion area as a Rural Development Area including portions Sections 14 and 16 Township 16 North Range 20 West north of Interstate40 which will have to be removed from the Desert Hills Fire District Area Plan and incorporated into the Sterling Area Plan boundary The amendment allows for other solar technologies to be employed in addition to Stirling dish engines and

WHEREAS the site is not within a fire district with the exception of Sections 14 15 16 17 and 18 Township 16 North Range 20 West and Section 18 Township 16 North Range 19 West that are within the Desert Hills Fire District The site is not served by a water system or a sewer system Parts of the site are served by electric power and telephone service Access to the site will be from South Oatman Highway via Polaris Road The Arizona Department of Transportation ADOT has no objection to the proposed development and

WHEREAS the General Plan requires the Department to evaluate a the proposals effect on the character of the neighborhood surrounding the site b the proposals compatibility with adjacent land uses and c the capacity of planned services and facilities to accommodate the proposed use This site is adjacent to Highway 93 providing convenient access and also adjoins the Bureau of Reclamation high voltage transmission line allowing electricity to be delivered to the Western Area Power Administration power grid Policy 105 states Mohave County shall use its planning and development regulations to protect residential neighborhoods from encroachment of incompatible activities or land uses which may have a negative impact on the residentialliving environment Conversely Policy 218 requires Mohave County to protect industriallydesignated areas from encroachment by incompatible uses such as residential neighborhoods These two policies are also designed to protect property values and discourage disinvestment This proposal should generate minimal traffic once the facility is operational create little additional noise beyond the property line or other emissions from the site sueh as rtar each dish rt i h is focused within the a of Stir e and be buffered to the north by BLM holdings to the north and east and to the south by the Sacramento Wash and Interstate 40 and

WHEREAS Policy 52 of the General Plan states that the County should limit development impacts on environmentally sensitive areas by encouraging innovative designs and mitigation Natural resource and biological studies have been completed for this site under the National Environmental Policy Act NEPA review and approval processes during the Hualapai MountainSanta Fe Ranch land the 1990s Di St l exchange during a s pole mou aeking deviees and yally do not need significant site grading to be efeetive in harnessing solar and

WHEREAS Policy 53 of the General Plan states that the County should encourage development proposals that preserve or enhance identified wildlife habitat areas The terrain within the project with numerous washes provides habitat linkages between the Topock Marsh and the Black Mountains and RESOLUTION NO 2012 021 PAGE 4

WHEREAS Policy 64 of the General Plan states that the County should support and encourage solar and wind energy The amendment will allow renewable energy opportunities and opportunities for reduced carbon emissions in the generation of energy The amendment is also keeping the Arizona Corporation Commissions Renewable Energy Standard and Tariff rules passed in 2006 that requires 15 of the states energy use be derived from renewable sources and

WHEREAS Policy 117 of the General Plan states that Mohave County shall only approve requests for rezoning special permits the division of land other new development proposals or public projects that are consistent with the Land Use Diagrams the policies contained in the Land Use Element and the other Elements of this General Plan as further set forth in the Countys Development Regulations and

WHEREAS Policy 138 of the General Plan states the County shall consider proposals for rural industrial uses if such proposed uses provide significant employment opportunities for County residents do not require the extension of public urban services do not require a major source pollution permit from Arizona Department of Environmental Quality AC Title 18 Chapter 2 Article 10164 do not mine ground water and are not appropriate for location in a planned industrial area The solar energy project may provide a maximum of approximately 3000 jobs during the 3 to 4 year construction period and approximately 100 fulltimejobs for the operational phase of the project and

WHEREAS Policy 214 of the General Plan states that Mohave County should encourage design of commercial and industrial projects that incorporate natural features of the site that use native vegetation and design themes that recycle graywater andor harvest rainwater and that support use of alternative energy sources as set forth in the Development Regulations and

WHEREAS Policy 362 of the General Plan states Mohave County should encourage the establishment andor relocation of diverse industrial and commercial developments in identified areas of the County consistent with these uses The amendment is to allow for dish Ste solar technology that will help diversify Arizonas industrial base if the components are produced locally and

WHEREAS Policy 3612 of the General Plan asks Mohave County to pursue and support industries that have smaller environmental footprints as measured by their use of less water and energy The resources as well as their creation of fewer emissions when compared to traditional industry proposed solar project will utilize dish Sterling technology a mix of solar technologies which does not require water to produce electricity Water use onsite will be used for cleaning mirrors and for potable use by employees and is estimated to be some 400 acre feet per year The Sterling Area Plan has a determination of water adequacy from ADWR for 8300 acrefeet of water per year to serve the residential community and

WHEREAS Policy 371 of the General Plan notes the Land Use Element and Area Plans should identify areas designated for future commercial and industrial development including sites for renewable energy development Mohave Countys solar resources insolation value of 70 kWhrs per square meter per day allows the efficient deployment of both residential and commercial scale solar projects and RESOLUTION NO 2012021 PAGE 5

WHEREAS Policy 434 of the General Plan asks that water systems should be designed to provide for emergency water needs for fire protection and

WHEREAS Policy 494 of the General Plan states that developments should not increase runoff from the site where downstream properties will be adversely impacted by the rate of runoff Mitigation will be provided as required to insure that site runoff meets predeveloped conditions and

WHEREAS Policy 503 of the General Plan states that the County should encourage flood controldrainage system design alternatives which maintain a natural appearance The Sacramento Wash and other surrounding washes will not be used for the solar power generation facility and

WHEREAS Policy 504 of the General Plan states that the County shall require that flood control drainage facilities be designed and constructed to minimize the intrusion of pollutants and excess sediments into sensitive areas and onto adjoining properties and

WHEREAS In addition to the above policies Policy 279 of the General Plan states that proposed major amendments will be analyzed for suitability and feasibility The Board will consider the following in determining the suitability of an application as a major amendment and

a The applicant must demonstrate a perceived benefit or need to the area affected by the major amendment

b The applicant will need to demonstrate sufficient water availability to support at least a 100year supply to the area as a result of any future development resulting from the amendment and which will neither pollute nor deplete the aquifer nor drop the water table below the natural recharge coefficient

c The result of the proposed major amendment should provide reasonable continuous support access and service to the location of the amendment so it can be reasonably accessed The location of development as a result of the amendment should not be so remote that stated goals and policies within predicted time development increments cannot be attained

d The purpose and implementation of the amendment should be in character with the regions current land uses or any previously devised natural balance of open space and current land uses

e Proposed future uses as the result of a major amendment will be expected to be environmentally compatible with their surroundings These include ensuring that changes and development that result from the amendment will not deplete water resources particularly from downstream uses and that protected habitats riparian areas and endangered species will not be disturbed or approved mitigation measures will be utilized and that water and air quality shall be maintained in perpetuity using established standards and requirements RESOLUTION NO 2012 021 PAGE 6

f For proposed major amendments to or in all Development Areas it will be necessary to demonstrate how future land uses and proposed development as a result of the amendment will provide a cohesive self supporting community

g For amendments in or to Urban or Suburban Development Areas the amendment will need to describe future land use development with full infrastructure in a logical development pattern with prescribed time frames for completion or the preliminary development steps to be taken leading toward incorporation

WHEREAS a review of various FEMA FIRM Panels indicates that the Area Plan contains various flood hazard areas including the Sacramento Wash and its tributaries and

WHEREAS the Mohave County Planning and Zoning Commission heard this item at its December 14 2011 meeting and voted to continue the item to the January 11 2012 meeting to allow staff to provide additional information and clarification

WHEREAS the following described Findings of Fact are for the above captioned item

a All notices have been advertised and posted according to regulations b The Needle Mountain Power development team held four public meetings as follows i June 8 2010 at the Planning and Zoning Commission Workshop in Kingman ii June 9 2010 at the Golden Shores Community Center where 60 people attended ill June 16 2010 at the Golden Shores Community Center where 30 people attended iv August 3 2010 at the Desert Hills Fire Department where 20 people attended C Notification for these meetings were done via mailed invitation based on the Mohave County Tax Assessors data records Mailings were sent to those living in the surrounding area d The area has multiple forms of legal access e Significant environmental features affecting the planning area include the abovenamed washes and groundwater reserves f The applicant intends to evaluate whether an adequate water supply exists for the proposed uses g As part of the public outreach for the revision to the plan amendment Sterling Solar LLC conducted an additional public meeting at the Golden Shores Community Center on November 15 2011 where approximately 50 people attended The public expressed concern over the size and bounds of the proposal use of Polaris Road as the main access to the project maintaining access to the area in general the fencing off of State land visibility from Golden Shores reflectivity of the solar array water usage raising the transmission lines to accommodate additional voltages type of public funding and use of the Community Facilities District CFD funding employment opportunities and ways to participate at the upcoming public hearings to both support and oppose the project RESOLUTION NO 2012021 PAGE 7

h To further the public outreach for the revision to the plan amendment the Board of Supervisors at their February 6 2012 meeting requested Sterling Solar LLC to conduct a second public meeting where notification would be provided to all land owners in Golden Shores The meeting was held on February 29 2012 where 180 people attended The public expressed concern over the size and bounds of the proposal increased vehicular use of County Route 1 and the potential conflict with local school traffic wear and tear on existing roads use of Polaris Road as the main access to the project maintaining access to the area in general the fencing off of State land visibility from Golden Shores reflectivity of the solar array water usage raising the transmission lines to accommodate additional voltages tune of public funding and use of the Community Facilities District CFD funding employment opportunities and ways to participate at the upcoming public hearing to both support and oppose the project

WHEREAS at the public hearing before the Mohave County Planning and Zoning Commission on January 11 2012 the Commission recommended APPROVAL of the proposed Amendment to the text of BOS Resolution No 2010230 setting forth the Major Amendment to the Mohave County General Plan as follows

1 The land use designations for Sections 22 23 25 26 27 34 35 and 36 Township 16 12 North Range 20 12 West from UDA LR Urban Development Area Low Density Residential UDA MR Urban Development Area Medium Density Residential SDA SR Suburban Development Area Suburban Residential RDA RR Rural Development Area Rural Residential UDA NC Urban Development Area Neighborhood Commercial and UDA PP Urban Development Area Public Parks land use designations for Sections 19 29 30 31 excepting the SE 14 SE 14 Section 32 and a portion of Section 33 Township 16 12 North Range 20 West from UDA LR Urban Development Area Low Density Residential UDA MR Urban Development Area Medium Density Residential UDA HR Urban Development Area High Density Residential SDA SR Suburban Development Area Suburban Residential RDA RR Rural Development Area Rural Residential UDA NC Urban Development Area Neighborhood Commercial UDA GC Urban Development Area General Commercial UDA Urban Development Area for Mixed Use and UDA PP Urban Development Area Public Parks land use designations for Sections 1 2 3 portions of Sections 10 and 11 Section 12 and portions of Sections 13 14 and 15 Township 16 North Range 20 12 West from UDA LR Urban Development Area Low Density Residential UDA MR Urban Development Area Medium Density Residential UDA HR Urban Development Area High Density Residential RDA RR Rural Development Area Rural Residential UDA NC Urban Development Area Neighborhood Commercial UDA GC Urban Development Area General Commercial UDA LI Urban Development Area Light Industrial UDA Urban Development Area for Mixed Use UDA PF Urban Development Area Public Facilities and UDA PP Urban Development Area Public Parks land use designations for Section 6 and northern portions of Sections 14 15 16 17 and 18 Township 16 North Range 20 West from UDA LR Urban Development Area Low Density Residential UDA MR Urban Development Area Medium Density RESOLUTION NO 2012021 PAGE 8

Residential UDA HR Urban Development Area High Density Residential RDA RR Rural Development Area Rural Residential UDA LI Urban Development Area Light Industrial UDA Urban Development Area for Mixed Use and UDA PP Urban Development Area Public Parks land use designations and for the northern portion of Section 18 Township 16 North Range 19 West from UDA LI Urban Development Area Light Industrial and UDA PP Urban Development Area Public Parks land use designations shall be changed to UDA HI Urban Development Area Heavy Industrial land use designation for a solar power plant and related uses with Exhibits VIA and VI 10 of the General Plan amended to match as shown on Exhibit A

2 The proposed development will comply with all Federal State and local requirements including those from the Arizona Corporation Commission Arizona Department of Environmental Quality Arizona Game and Fish Department and the National Pollution Discharge Elimination System

3 The General Plan and Area Plan amendments will not become effective until compliance with the National Environmental Protection Act NEPA standards for development and the securing of permits from Western Area Power Administration WAPA for interconnection with the transmission line is obtained by the applicant This must occur within two 2 years of the approval of this Resolution Without such permitting compliance the General Plan and Area Plan amendments will not be considered vested and land uses will remain unchanged

WHEREAS the Board of Supervisors at their regular meeting on Monday February 6 2012 CONTINUED this item to their March 12 2012 regular meeting to allow for additional public input and

WHEREAS the notice of hearing was published in The Kingman Daily Miner a newspaper of general circulation in Kingman Mohave County Arizona February 26 2012 and posted February 24 2012 as required by Arizona Revised Statutes and the Mohave County Zoning Regulations

NOW THEREFORE BE IT RESOLVED that the Board of Supervisors at their regular meeting on Monday March 12 2012 APPROVED the Amendment to the text of BOS Resolution No 2010230 as recommended by the Mohave County Planning and Zoning Commission and outlined herein

MOHAVE CO TY ARD OF SUPERVISORS ATTESTfI a

uster D J hnson Chairman fir YJ rnrt Barbara Bracken Cleik

Ef

1A OEUS

RI 741111rmit11 Exhibit A

34 V6M SPRING 32 31 32 33 T17 R20W 35 36 31 T17N R 9W 33 34 THE GENERAL P AND THE STERLING PLAN LAID USE DEBIGNATION TO REMAIN NERVY HDUSTRUIL

112N R2 26 T16 1 R19W 216 W 34 STERLING AREA PLA f ENERGY QZ Stale Viand MAP FROM toP 33 34 35 36 31

j sue A r s

I

9 14 I 7 Ild I 1 12 T16N R20 T16N R20W T76 R19W

I L

15 4 14 13 1 1 1 1 14 18 ti 113

1 22 19 1 20 21 2324 23 24 19 Copyrght 2007 Mohave County Information Ted6lap center 34 4557 N 114 22 4 W