FEE 2012012840 OFFICIAL RECORDS OF MOHAVE COUNTY g CAROL MEIER COUNTY RECORDER 03142012 0129 PM Fee 0 PAGE 1 of 34 RESOLUTION NO 2012022 A RESOLUTION SETTING FORTH AN AMENDMENT TO BOS RESOLUTION NO 2010231 WHICH SET FORTH THE APPROVAL OF A MAJOR AMENDMENT TO THE STERLING AREA PLAN AND BOUNDARY EXPANSION AND ADJUSTMENT BETWEEN THE STERLING AREA PLAN AND THE DESERT HILLS FIRE DISTRICT AREA PLAN AS NEEDED CONSISTING OF PROPERTIES LOCATED IN SECTIONS 22 23 25 26 27 34 AND 35 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 UDA NC URBAN DEVELOPMENT AREA NEIGHBORHOOD COMMERCIAL AND UDA PP URBAN DEVELOPMENT AREA PUBLIC PARKS LAND USE DESIGNATIONS FOR SECTION 30 S 12 OF SECTION 31 EXCEPTING THE SE 14 SE 14 SECTION 32 AND S 12 SW 14 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 UDA NC URBAN DEVELOPMENT AREA NEIGHBORHOOD COMMERCIAL UDA GC URBAN DEVELOPMENT AREA GENERAL COMMERCIAL UDA MU URBAN DEVELOPMENT AREA 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 A PORTION OF SECTION 13 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 UDA NC URBAN DEVELOPMENT AREA NEIGHBORHOOD COMMERCIAL UDA GC URBAN DEVELOPMENT AREA GENERAL COMMERCIAL UDA LI URBAN DEVELOPMENT AREA LIGHT INDUSTRIAL UDA MU URBAN DEVELOPMENT AREA 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 UDA LI URBAN DEVELOPMENT AREA LIGHT INDUSTRIAL UDA MU URBAN DEVELOPMENT AREA MIXED USE AND UDA PP URBAN DEVELOPMENT AREA PUBLIC PARKS LAND USE RESOLUTION NO 2012022 PAGE 2 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 ADDING SECTION 36 TOWNSHIP 16 12 NORTH RANGE 20 12 WEST SECTIONS 19 AND 29 N 12 SECTION 31 AND A PORTION OF SECTION 33 TOWNSHIP 16 12 NORTH RANGE 20 WEST PORTIONS OF SECTIONS 10 14 AND 15 TOWNSHIP 16 NORTH RANGE 20 12 WEST AND ALSO THE POSSIBLE REMOVAL OF THE NORTHERN PORTIONS OF SECTIONS 14 AND 16 TOWNSHIP 16 NORTH RANGE 20 WEST FROM THE DESERT HILLS FIRE DISTRICT AREA PLAN ALL WITHIN THE RDA RR RURAL DEVELOPMENT AREA RURAL RESIDENTIAL LAND USE DESIGNATION TO ALL BE INCORPORATED INTO THE STERLING AREA PLAN AND TO BE ASSIGNED AN UDA HI URBAN DEVELOPMENT AREA HEAVY INDUSTRIAL LAND USE DESIGNATION FOR A SOLAR POWER PLANT AND RELATED USES AND AMEND THE STERLING AREA PLAN LAND USE EXHIBITS TO MATCH CONSISTING OF APPROXIMATELY 21 SQUARE MILES IN THE MOHAVE COUNTY GENERAL AREA MOHAVE COUNTY ARIZONA 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 2010131 setting forth a Major Amendment to the Sterling Area Plan and Boundary Expansion and Adjustment between the Sterling Area Plan and the Desert Hills Fire District Area Plan as needed to 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 site lies north adjacent to Interstate 40 and approximately two miles east of South Oatman Highway County Route One the community of Golden Shores and the Havasu Wildlife Refuge The planning area is comprised 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 Colorado River The Sacramento Wash 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 single family 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 RESOLUTION NO 2012022 PAGE 3 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 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 Administartion 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 sue hi h is f eused within the diameter of eaeh dish Sti nai 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 l t exchange during the 1990s Dish Sterling sys are m teking deviees and y d t d nifi nt site to b ff e in solar and 0 go harnessing RESOLUTION NO 2012022 PAGE 4 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 WHEREAS Policy 64 ofthe General Plan states that the County should support and