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HomeMy WebLinkAbout93-289 . ~ lo c 't '. ~ 6os,/ . ~,' ~~:.5 INDEXED .MleROFtU~ED ~~ ~ .,.'Z~,. ";I , =1=93- 60027 BK 2298 FG . 315 OFFICIAL RECORDS OF MOHAVE CQUHTY AZ. *JOAN MaCALL; MOHAVE COUNTY RECORDER* 10/20J93 3=20 P.M. PAGE 1 OF 6 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 He RESOLUTION NO. 93-289 A RESOLUTION SETTING FORTH A SPECIAL USE PERMIT TO CONSTRUCT A LANDFILL FACILITY TO DISPOSE OF THE FLUFF GENERATED BY AN ON-SITE STEEL RECYCLING FACILITY IN AN M-X (HEAVY MANUFACTURING) ZONE, LOCATED IN A PORTION OF THE M-X ZONE OCCUPYING THE NW~ AND THE S~ OF SECTION 4, A PORTION OF THE SE\ OF SECTION 5, A PORTION OF THE NE\ AND S~ OF SECTION 8, AND ALL OF SECTION 9, TOWNSHIP 20 NORTH, RANGE 17 WEST, IN THEMC CONNICO PORTION OF THE MORAVE COUNTY GENERAL AREA, MORAVE COUNTY, ARIZONA. {'o;,":~~~~. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on October 4, 1993, a public hearing was conducted to determine whether approval should be granted to North Star Steel, St. Paul, Minnesota, for a Special Use Permit for a landfill facility to dispose of the fluff generated by an on-site steel recycling facility in an M-X (Heavy Manufacturing) zone, located in the Mohave County General Area, and "r~~.:J:';1 WHEREAS, the subject property is located south of the City of Kingman and east ,of Interstate 40. The northern portion of this M-X zone area lies between the Atchison, Topeka and Santa Fe Railway east and west bound tracks. More specifically, the location is accessed via Interstate 40 at the' McConnico Interchange, or via Route 66 from Kingman. The property is accessed at several controlled access points via at-grade crossings, and WHEREAS, the property for which this request pertains is owned by the Atchison, Topeka and Santa Fe Railroad, Bureau of Land Management and private holdings. Santa Fe is taking steps to block in this area, as they are negotiating to acquire the private holdings and trade for the Bureau's property, as per B.L.M~ letter dated January 4, 1993 (Exhibit "A"), and WHEREAS, the Board of Supervisors for Mohave County approved an area plan for the McConnico area via Resolution No. 92-194. This plan designated the lands east of, I-40 'as sui table for industrial uses. Board of ,Supervisors Resolution No. 93-15 rezoned a portion of that area to M-X (Heavy Manufacturing), and ;.'i;"~.';' _......~."~.. ~:~:=':~,~-? :--"~/ ? ~1'. -- lO. ~ / . . RESOLUTION NO. 93-289 PAGE 2 OF 6 5K 2298 PG 816 (FEE~93-60027) Page 2 WHEREAS, the application received on July 1, 1993, requested a more solid commitment by Mohave County to accommodate a steel recycling facility in the McConnico Area east of 1-40. In the June 28, 1993 ,letter, North Star states, "North Star is requesting the landfill for economic reasons. To be competitive wi th United States and foreign steel producers, low cost raw materials are essential. The ability to convert cars to shred and economically landfill fluff would allow North Star to be competitive. The ability to landfill fluff on-site is essential should economical off-site alternatives not materialize, or go away", and WHEREAS, this request is for a specific use (see submittal as received, Exhibit "B"). The Planning and zoning Commission can recommend approval of anything that comes before it; however, it must recognize that it cannot give a specific approval without affording all involved agencies, Federal, State, County and other regulatory agencies, an opportunity to provide their documents of approval. Because we have a "preliminary site layout" which shows a primary landfill site and an alternate site, the plan must be viewed in its general application without any specificity and the Commission can recommend general approval of this preliminary site layout, and ",,,;;::"'" " '.", ~:;i) WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on September 8, 1993, the Commission recommended APPROVAL of the requested Special Use Permit subject to the following conditions: 1. "The applicaI t comply with all applicable provis'ions of Sections 24; 25, 26, 27, and 31 of the Mohave County zoning Regulations. Compliance with Ordinance 87-1 (Dark Sky Ordinance) and any other relevant ordinance/regulation pertaining thereto is also required. 2. Compliance with Section 27.P (Site Plan Requirements) of the Mohave County Zoning Ordinance shall be required. Any proposed change ( as determined by the Planning Director, appealable to the Planning Commission) in this design shall require a rehearing on the change before the Commission, with a final determination to be made by the Board of Supervisors. ,..,.~ :~:~.r;z::~ . ~_/ '- , .. ~ .0' " . ~- . . PAGE 3 OF BK 22<<;8 PG , o 817 (FEE~93~60027) Page 3 RESOLUTION NO. 93-289 (g~, 3. That the owner/developer/applicant obtain legal access to the property. That the owner/developer/applicant shall construct the roadway to meet the design approval of the Santa Fe Railroad Company and all other agencies with responsibility to approve such access (i.e. over, under, or private at-grade crossings). If the alternative landfill site is chosen, then that crossing will also meet the design approval of the AT&SF Railroad Company. 4. That the owner/developer/applicant obtain all of the permits and meet all rules and/or requirements necessary for the construction and operation of the landfill proposed for this site from all Federal, State and County agencies. 5. That the landfill will be used for no other purpose than to dispose of fluff generated by the on-site recycling plant. 6. That the owner/developer/applicant comply with conditions of,BOS Resolution Nos. 93-15 and 93-65. 7. That documents inferring status of land ownerships shall be provided prior to the issuing of permits and approvals. 8. That the applicant shall provide flood control to protect the property, such flood control sufficient to prevent the escape, transportation, or movement of any material from its posi tion upon the property. Such flood control must comply with guidelines set forth by the Mohave County Flood Administrator. Under no circumstances shall any waste, processed or unprocessed, escape the boundaries of the site during heavy rains and floods. 9. This specific approval of the site or alternative site shall be such as to authorize the applicant to construct and operate a landfill to dispose of the fluff generated by the on-site steel recycling mill. :It does not authorize the disposal of any1:hing other than the fluff . in the landfill and is subject to the conditions contained herein, and ,~,' --:' :~~;/ _f::'~ '~ :...~~~:..-~~i ~~y .,,'....... f'''''~.,>.:_.s;~ {:~~~~:-~~~ -"/ ,'? 'f .. ...' ~ . . P;:,GE .; OF BK 2298 PG t- .... 818 (FEE~93~60027) Page 4 RESOLUTION NO. 93-289 WHEREAS, North Star Steel has agreed to locate the landfill in the SW% of Section 4 and/or Section 9, Township 20 North, Range 17 West. WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, September 19, 1993, and posted September 17, 1993, 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, October 4, 1993 approved this Special Use Permit, as recommended by the Mohave County Planning and Zoning Commission and outlined herein, subject to the following condition: 1. The landfill be located in the SW% of Section 4 and/or Section 9, Township 20 North, Range 17 West. ATTEST: MOHA~C:~~~~ S~ERVISORS ..g'~~derfer, Qrairman '~ -, ....... - ...~. ". .-'" -'. -0. USDI, Bureau of Land Maaagement -~, Kingman Resource Area 2475 BeYerly Avenue Kingman, Kl. 86401 PAGE BK 5 OF 2298 PG o 0_19 (Fr-,..,a <> ::.t.T93-601J27) AZA-26518 2912 (025) January 4, 1993 Mr. Michael Sararolean West Coas~ ProJect Manager North Sta~Steel Company Pos~ Office Box 9300, Dept. 51 Hi~~eapolis, MN 55440-9300 Dear Mr. Sarafolean: We have received your letter regarding obtaining a special use pernu't from Mohave County for zoning of lands near McConnico to construct a steel recycling facility. dti~& ~:l;~iJ~ Al though the Bureau is currently the administrator of sorre of these la.."'1as, it is unciers'tood the excr~!ge with Santa Fe now being processed would be finalized before r.he facility is constructed. It is further understood that this letter in no way aur.hor~zes such construction and that all enviror~tal regulations would be mecprior to per.mitting the proposed use. In view o:t the fact tr..a~ zoning ln the area has already been established as heavy industrial, we suppor't your reques~ for site specific zoning for the steel facility. Sincerely, IS/ KEN :1. O::E'N Ken R. Drew Area 11anager JEailey:sw .,-~... .-~'--"'i t:~ <:7 '-~"'- eXHIf)/, A- . .. -.;< >', 'J': 0.' --~ \ . : i .--\'~"""""""""'~f:....~ ~ G') ,... -~.... CD ~ . / /. _ .... o c : . ~ ~ .,., ,.... em' /.> :Il:Il ,.... Z "z em .. c ~ : : ~ () q , ...... (J) -0 : /:Il ^(J) , .... > >, 0 (J) , .... ~ :Il' : > b , .... > ~ I " " "" ". .,., -: :c " .... m 0 " " .. ... , _ __ . . , . Jj z: ~., 'I ...... ",' > / cD "-_' () m I , :Il ^ IT1 '_"_"____,,_ :Il I" > "'" ..-..- , -- - ;= ~ -0 "-..- I ,,' ~ (J) CD :Il ___..... ~m ;g g 6 -------- II :Il :Il Z :Il II~ <~ C -0 (J) ~ 0 ~ I I ~ (3~ ~ ~ " ~ '" 1= <:;.. "z<;l " z 0 > -0 'z II -< c> > ~> () G') z G') ~ I I > (J)~ () .,., rn G') s: ..... 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