UPDATE: A battery-based electric storage and distribution facility proposed by Mountain Peak Energy Storage, LLC (Plus Power) has been officially denied. The Saline County Planning and Zoning Commission met September 26 to discuss a the facility. The proposed site is located on approximately 40 acres at the southwest corner of McReynolds Road and Simpson Road.
A previous release regarding this issue deemed the application approved; however, after consulting with legal counsel, it was determined that the Planning and Zoning Commission bylaws supersede state statutes. Therefore, the application is denied.
According to the bylaws, four votes are needed to approve a motion in a meeting where six of the nine members of the Commission are present.
The commission voted on approving the facility with three in favor, two against, and one abstention - the Commission deemed the motion failed due to the abstention; unfortunately, this was in error. The motion to approve the application was denied due to the lack of a fourth in favor of approval.
A vote to deny the application followed with four in favor, one against, and one abstention – the application was deemed denied. However, this final vote was not necessary because the previous vote also deemed the application denied.
The recent series of voting decisions have been complex and Saline County would like to extend its deepest gratitude to the public for their patience and understanding as we navigate through the complexities surrounding the recent voting process. We are grateful to our Planning and Zoning Commission, a dedicated group of citizen volunteers who work diligently to maintain and enhance the quality of life in our community, ensuring it continues to be a thriving place to live and work. We appreciate the community’s understanding as we rectify this situation and continue our collaborative efforts to serve the best interests of Saline County.
The Planning Commission, with the Saline County staff, acknowledges the public’s concerns regarding the complexity of the recent series of motions. We are committed to revisiting and enhancing our training protocols to ensure clarity and avoid such confusion in the future. As always, our aim is to maintain transparency and uphold the highest standards of public service.
ORIGINAL: The Saline County Planning and Zoning Commission met September 26 to discuss a battery-based electric storage and distribution facility proposed by Mountain Peak Energy Storage, LLC (Plus Power). The proposed site is located on approximately 40 acres at the southwest corner of McReynolds Road and Simpson Road.
Saline County wishes to provide clarity on the voting outcome of this meeting, at which six Planning and Zoning Commissioners were present.
Summary of Votes:
- The commission first voted on whether to table the discussion with three in favor, and three against – the matter was not tabled.
- The commission then voted on approving the facility with three in favor, two against, and one abstention. The Commission Chair deemed the motion failed due to the abstention; unfortunately, this was in error.
- A vote to deny the application followed with four in favor, one against, and one abstention – the application was deemed denied.
Clarification on Voting Outcome:
According to K.S.A. 12-745, actions of the Planning Commission require a majority vote of the members present and voting. Three out of the five present and voting members voted in favor, which constitutes a majority of those voting. Therefore, the motion to approve the application is passed, rendering the subsequent vote to deny invalid.
The Planning and Zoning Commission is comprised of dedicated citizen volunteers, who contribute their time. Saline County is grateful to have committed individuals working to maintain and enhance the quality of life in our community, ensuring it remains a thriving place to live and work.
The Planning Commission, with the Saline County staff, acknowledges the public’s concerns regarding the complexity of the recent series of motions. We are committed to revisiting and enhancing our training protocols to ensure clarity and avoid such confusion in the future. As always, the aim is to maintain transparency and uphold the highest standards of public service.
About the Project
The project aims to construct a Battery Energy Storage System (BESS) adjacent to the existing Evergy-owned Summit 345 kilovolt (kV) utility substation on Simpson Road.
The applicant has requested a 3-year validity period for any Conditional Use Approval granted to allow adequate time for the completion of the project.
About Plus Power
Mountain Peak Energy Storage, LLC, also known as Plus Power, specializes in developing advanced battery-based electrical storage and distribution facilities.
About Saline County Planning and Zoning Commission
The Planning & Zoning Department reviews land use for the unincorporated areas of Saline County, issues building permits for all construction projects, and maintains the county’s comprehensive plan.
The full Code of Ordinances can be found at the link below. Section 13A-13.06.12 outlining the appeal process reads as follows:
13A-13.06.12 CONDITIONAL USE PERMIT APPEAL All decisions on Conditional Use Permit may be appealed by the applicant or by affected property owners to the Governing Body. An appeal by property owners shall be accompanied by a petition which is duly signed and acknowledged by the owners of twenty (20) percent or more of the total area required to be notified, excepting streets and ways. Appeals shall be made within fourteen (14) days after a decision has been made by filing an application for appeal with the Zoning Administrator. Such application shall specify the grounds for such appeal. Upon receipt of an application for appeal and an application fee, the Zoning Administrator shall transmit to the Governing Body all of the papers constituting the record upon which the decision being appealed was based. A two-thirds (2/3) vote of the governing body is required to overturn a planning commission decision on a conditional use permit.