By LESLIE MANNING
The Spotlight
The Saline County Planning and Zoning Commission met Tuesday, Sept. 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.
Mountain Peak Energy Storage, LLC, also known as Plus Power, specializes in developing advanced battery-based electrical storage and distribution facilities. 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. According to a press release distributed to media on Friday, Sept. 29, Saline County wishes to provide clarity on the voting outcome of this meeting, at which six Planning and Zoning Commissioners were present. 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.
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.
All decisions on the Conditional Use Permit, CUP23-103, may be appealed by the applicant or by affected property owners to the Saline County Commissioners. The full Code of Ordinances, Section 13A-13.06.12 can be found at https://www.salinecountyks.gov/media/Codes/Section13A.pdf
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, except streets and ways. According to Saline County administrative staff, the total area required to be notified involves 1500 feet surrounding the parcel that the projected project is slated for. This total area involves six residences, who would have received a letter in May from the Saline County Planning and Zoning regarding the project.
Appeals must be made within fourteen (14) days after a decision has been made by filing an application for appeal with the Saline County Planning and Zoning administrator. The application shall specify the grounds for such appeal. An application for appeal is available by contacting the Saline County Planning and Zoning office, via email is preferred, and they can email it out.
Upon receipt of an application for appeal and an application fee, the Saline County Planning and Zoning administrator will transmit to the Saline County Commissioners all of the papers constituting the record upon which the decision being appealed was based.
A two-thirds (2/3) vote of the Saline County Commissioners is required to overturn a planning commission decision on a conditional use permit.
Minutes from the Tuesday, Sept. 26 Saline County Planning and Zoning Commission meeting will be available by close of business Wednesday, Oct. 4. The Planning Commission, with the Saline County staff, acknowledges the public’s concerns regarding the complexity of the recent series of motions. The commission and staff claim a commitment to revisiting and enhancing their training protocols to ensure clarity and to avoid such confusion in the future.