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Planning commission backs rezoning and conditional-use permits for two substations on Clare Road

2829551 · March 24, 2025
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Summary

The City of Gardner Planning Commission on March 24 recommended rezoning about 10.20 acres along Clare Road and approved final development plans and conditional-use permits to allow construction of an adjacent Gardner Electric substation and an Evergy Emerald Substation, with four separate motions recorded in favor (vote tallies reported as 5–0).

The City of Gardner Planning Commission on March 24 recommended rezoning about 10.20 acres along Clare Road from County Rural Residential (RUR) to Planned Agricultural (AP) and approved final development plans and separate conditional-use permits for two adjacent electrical substations — Gardner Electric’s Substation No. 4 and Evergy’s Emerald Substation. The commission took four separate votes — rezoning/preliminary development plan, final development plan, Evergy conditional-use permit and Gardner conditional-use permit — and recorded unanimous favorable votes on each motion (vote tallies reported as 5–0).

The approvals followed presentations from the city’s consultant team, a Gardner Electric representative and Jessica Keck of Evergy. The city’s consultant said the city purchased roughly 10.8 acres for a substation after a site-selection study that began in 2019; preliminary design work was completed in September 2023. Gardner Electric described the project as intended to serve future residential, commercial and industrial development southeast of the city. Keck said the Evergy Emerald Substation would sit immediately east of Gardner’s proposed substation and be sited to tie into Evergy transmission infrastructure. “This proposed substation will be located immediately east of Gardner’s proposed substation,” Keck said.

Staff and applicants described the project in two parcels: Evergy’s proposed eastern parcel (approximately 5.24 acres) to be owned and operated by Evergy and treated under the code as a “public utility facility, major” and the western parcel (about 5.75 acres) to be owned and operated by Gardner Electric and treated as a “public utility facility, minor.” Both facilities require conditional-use permits in the existing zoning; staff recommended approval with conditions and supported two requested deviations for operational safety and practical reasons: (1) barbed-wire atop perimeter fencing and (2) a gravel access drive rather than a paved driveway. Staff said the sites’ large setbacks and operational needs support those deviations.

Applicants described a 150-foot monopole communications tower to be installed inside the Evergy fence for internal communications and a landscape plan that would preserve a tree buffer along Clare Road and add plantings and a berm on the south side to screen the facilities. Evergy told the commission it held a neighborhood meeting on March 12 and sent letters to property owners within 1,000 feet; company staff said the nearest residence is about 0.1 mile from the substation fence line. Company and consultant staff said they had biologists check for raptor nests and found no evidence of bald eagles. Staff noted a stream corridor along the west portion of the parcel and described a 60-foot-wide stream buffer to be retained.

Commissioners raised questions about the interconnection arrangement, timing, public notice and site security. Commissioners were told the city’s substation must interconnect with Evergy’s transmission line at the north property boundary; because the relevant transmission line is Evergy’s, the city must coordinate interconnection with Evergy and cannot select a different transmission provider at that location. Evergy representatives said they expect to begin construction in fall 2025; Evergy’s purchase agreement and property acquisition were described as under review with purchase expected before construction begins (applicants said purchase would be finalized in summer 2025 if not earlier).

On security, Evergy staff said the company will install tightly woven mesh fencing with barbed wire for these sites and had not yet decided on additional louvers; they described the mesh as a security measure that reduces the ability to shoot through fencing. On noise, Evergy said modern transformers are quieter than older equipment and, combined with the tree buffer, will not be a significant long-term noise source; construction will generate temporary daytime noise and traffic.

Commission discussion noted the project’s role in improving electrical reliability and serving planned annexations and future development southeast of Interstate 35. One commissioner expressed discomfort specifically with the Evergy portion and asked staff and applicants to clarify the necessity and consequences of allowing Evergy’s facility on city-owned property. Staff responded that private purchasers commonly seek zoning approvals before completing a land sale and that the interconnection needs to follow the local transmission owner, in this case Evergy.

Votes at the hearing (all outcomes recorded by the commission): rezoning and preliminary development plan recommended for approval (motion recorded, vote 5–0); final development plan approved (vote 5–0); conditional-use permit for Evergy Emerald Substation approved with no expiration (vote 5–0); conditional-use permit for Gardner Electric Substation No. 4 approved with no expiration (vote 5–0). The projects will appear before the governing body (City Council) on April 21, 2025, for final action on the rezoning and associated platting and dedications.

Why it matters: City and utility presenters said the two substations together will increase local electrical capacity and shorten outage restoration times for planned growth areas; approval also clears major land-use permissions so construction can proceed once property acquisition, permitting and platting are completed.

Planning next steps: staff placed conditions on approvals requiring property platting before construction permits, and the final development plan’s implementation depends on governing-body action on April 21, 2025.