06-06-2023 (Planning & Zoning) Agenda Packet
P a g e | 1
Wylie Planning and Zoning Commission Regular Meeting
June 06, 2023 – 6:00 PM
Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098
CALL TO ORDER
INVOCATION & PLEDGE OF ALLEGIANCE
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address Commission regarding an item that is not listed on the Agenda. Members of the public
must fill out a form prior to the meeting in order to speak. Commission requests that comments be limited to three minutes fo r
an individual, six minutes for a group. In addition, Commission is not allowed to converse, deliberate or take action on any
matter presented during citizen participation.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the Commission and will be enacted by one motion.
There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Ag enda
and will be considered separately.
A. Consider, and act upon, minutes from the May 16, 2023 Regular Meeting.
REGULAR AGENDA
1. Hold a Public Hearing, consider, and act upon, a recommendation to City Council regarding the writing of
an ordinance for a change in zoning from Agricultural (AG/30) to Light Industrial - Special Use Permit (LI-
SUP) on 8.96 acres to allow for a battery storage use. Property located at 1011 E Brown St (ZC 2023-08).
WORK SESSION
RECONVENE INTO REGULAR SESSION
EXECUTIVE SESSION
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on June 2, 2023 at 5:00 p.m. on the outside bulletin board at Wylie
City Hall, 300 Country Club Road, Building 100, Wylie, Texas, a place convenient and readily accessible to the
public at all times.
1
P a g e | 2
___________________________ ___________________________
Stephanie Storm, City Secretary Date Notice Removed
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary’s Office at 972.516.6020. Hearing
impaired devices are available from the City Secretary prior to each meeting.
If during the course of the meeting covered by this notice, the Commission should determine that a closed or
executive meeting or session of the Commission or a consultation with the attorney for the City should be held or
is required, then such closed or executive meeting or session or consultation with attorney as authorized by the
Texas Open Meetings Act, Texas Government Code § 551.001 et. seq., will be held by the Commission at the date,
hour and place given in this notice as the Commission may conveniently meet in such closed or executive meeting
or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes
permitted by the Act, including, but not limited to, the following sanctions and purposes:
Texas Government Code Section:
§ 551.071 – Private consultation with an attorney for the City.
2
Planning & Zoning
Commission
AGENDA REPORT
Department: Planning Item: A
Prepared By: Lillian Baker
Subject
Consider, and act upon, minutes from the May 16, 2023 Regular Meeting.
Recommendation
Motion to approve Item A as presented.
Discussion
The minutes are attached for your consideration.
3
06/06/2023 Item A.
Page | 1
Wylie Planning and Zoning Regular Commission Meeting
May 16, 2023 – 6:00 PM
Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098
CALL TO ORDER
Chair Bryan Rogers called the meeting to order at 6:00 p.m. Commissioners present: Chair Bryan Rogers, Vice
Chair Joshua Butler, Commissioner Jennifer Grieser, Commissioner Rod Gouge, Commissioner James Byrne,
Director of Community Services Jasen Haskins, Senior Planner Kevin Molina, Engineering Development Manager
Than Nguyen, and Secretary Lillian Baker. Absent were Commission Keith Scruggs and Commissioner Jacques
Loraine
INVOCATION & PLEDGE OF ALLEGIANCE
Vice Chair Butler gave the invocation and Commissioner Grieser led the pledge of allegiance.
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address the Commission regarding an item that is not listed on the Agenda. Members of the
public must fill out a form prior to the meeting in order to s peak. Commission requests that comments be limited to three
minutes for an individual, six minutes for a group. In addition, the Commission is not allowed to converse, deliberate or tak e
action on any matter presented during citizen participation.
None approached the Commissioners.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the Commission and will be enacted by one motion.
There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda
and will be considered separately.
A. Consideration of May 2, 2023 Meeting Minutes
BOARD ACTION ON CONSENT AGENDA
A motion was made by Commissioner Grieser and Seconded by Commissioner Gouge to approve the Consent
Agenda as presented. A vote was taken and carried 5 – 0.
REGULAR AGENDA
1. Consider, and act upon, a Site Plan for Lot 6, Block A of 544 Gateway Addition, for a contractor’s
maintenance yard and general office use on 1.19 acres. Property generally located to the east of the
intersection of Business Way and Commerce Drive.
STAFF COMMENTS ON REGULAR AGENDA
Sr Planner Molina presented an overview and stated that the applicant is requesting a site plan for the relocation of
the Day Lumber Yard. The property was previously a zoning case to allow for the light industrial use for the
4
06/06/2023 Item A.
Page | 2
construction maintenance yard. The property will also contain two general office buil dings, which will be leased in
the future. The design complies with the Plan Development and Zoning Ordinance. The Commission questioned
the use of gravel as opposed to concrete for wheeled traffic. Applicant Juan Vasquez presented and noted
requirements by Fire Marshall. The Commission questioned the gravel areas and noted that by City Ordinance
wheeled vehicles require concrete whether retail or not. The Commission stated that everything from the overhead
door through the fire lane and semi-truck loading area needs to be concrete. In addition, the Commission discussed
fire lane allowance of 24 feet being based on the property use in addition to the zoning.
BOARD ACTION REGULAR AGENDA
A motion was made by Commissioner Gouge and Seconded by Vice Chair Butler to approve as amended with the
loading area being concrete. A vote was taken and carried 5 – 0.
ADJOURNMENT
BOARD ACTION ADJOURNMENT
A motion was made by Commissioner Gouge and Seconded by Vice Chair Butler to adjourn. A vote was taken and
carried 5 – 0. The meeting was adjourned at 6:21 p.m.
Bryan Rogers, Chair
ATTEST
Lillian Baker, Secretary
5
06/06/2023 Item A.
Wylie Planning & Zoning
Commission
AGENDA REPORT
Department: Planning Item Number: 1
Prepared By: Kevin Molina
Subject
Hold a Public Hearing, consider, and act upon, a recommendation to City Council regarding the writing of an ordinance for
a change in zoning from Agricultural (AG/30) to Light Industrial - Special Use Permit (LI-SUP) on 8.96 acres to allow for
a battery storage use. Property located at 1011 E Brown St (ZC 2023-08).
Recommendation
Motion to recommend (approval, approval with conditions or disapproval) as presented.
Discussion
OWNER: John Belzle APPLICANT: Black Mountain Energy
The applicant is requesting to rezone 8.96 acres located at 1011 E Brown Street. The current zoning is Agricultural (AG/30)
and the requested rezoning is Light Industrial - Special Use Permit (LI-SUP) to allow for a battery energy storage use that
connects directly to the neighboring Oncor substation.
The Special Use Permit conditions allow for the battery energy storage use classified under the Electric Substation or Gas
Regulator Station uses as defined in the Wylie Zoning Ordinance.
According to the applicant, “battery energy storage systems (BESS) help to reduce congestion on the electric grid by
instantaneously responding to fluctuations in power. No other technology can respond at full output as rapidly as a BESS.
This “always on” operational capability can help to prevent conditions which may lead to outages on the bulk power system.
Over time, BESS operations also act to smooth out the price spikes paid by utilities in the wholesale power markets – costs
which are ultimately borne by ratepayers. Beyond grid benefits, we will also become a significant tax contributor, adding
an estimated $30MM+ to the community throughout the life of the plant. This benefit is even further increased given there
are very few $180MM+ investment opportunities that would be able to utilize our specific parcel given its size and shape.”
The development provides two points of access from Eubanks Lane. Service areas as depicted on the Zoning exhibit shall
be provided to ensure maintenance vehicles do not block the proposed fire lane. All areas where service vehicles operate
shall be required to have a concrete surface.
A 10’ wide landscape buffer shall be required along Eubanks Lane and East Brown Street. The development shall be
screened with an 8’ board on board wooden fence.
Detention for the development shall be provided via an offsite detention basting on the adjacent Oncor parcel as shown in
the Zoning Exhibit. Completion of the detention basin shall be in place prior to completion of construction.
A site plan and plat review shall be required prior to any construction.
The properties adjacent to the subject property to the north, east and west are zoned industrial and agricultural. The
properties to the south are zoned residential. The subject property lies within the Regional Commercial sector of the
6
06/06/2023 Item 1.
Comprehensive Land Use Plan. Light industrial uses may be deemed to be appropriate depending on the compatibility with
surrounding uses. The proposed zoning is compatible with the Plan.
Notices were sent to 18 property owners within 200 feet as required by state law. At the time of posting no responses were
received in favor or in opposition of the request.
7
06/06/2023 Item 1.
8
06/06/2023 Item 1.
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DATE:05/05/2023
BUFFLEHEAD BESS
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COLLIN COUNTY, TX
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9
06/06/2023 Item 1.
EXHIBIT B
SPECIAL USE PERMIT ZONING PROVISIONS
I. Purpose: This Special Use Permit is to allow for a Battery Energy Storage use that connects
directly to the neighboring Oncor substation to provide reliability and resilience to the electric
grid.
II. General Regulations:
A. All regulations of the Wylie Zoning Ordinance (as of March 2023) shall apply, except as
otherwise specified by this Ordinance.
III. Specific Regulations:
A. The Electric Substation or Gas Regulator Station use as defined in the Wylie Zoning
Ordinance (as of March 2023) shall be modified to allow for Battery Energy Storage.
B. Detention will be provided for the site via an offsite detention basin on the adjacent Oncor
Parcel as shown in the Zoning Exhibit and shall be in place prior to completion of
construction.
C. Required landscaping along Eubanks Lane and East Brown Street shall be a minimum ten
feet non-irrigated greenspace buffer outside of perimeter 8’ board on board wooden fence.
D. There shall not be any required parking as allowed by Section 5.G.1 of the Zoning
Ordinance. Service areas as depicted on the Zoning Exhibit shall be provided to ensure
maintenance vehicles do not block the fire lane.
10
06/06/2023 Item 1.
11
06/06/2023 Item 1.