Douglas County commissioners on Oct. 22 approved four temporary business use permits to allow geotechnical site investigation, soil sampling and underground surveying related to the Kansas Sky Energy Center, a proposed utility-scale solar project. The permits cover testing in five sections of Grant Township and were approved 5-0.

County planner Carl Bauer explained that temporary business uses (TBUs) are permitted under the zoning code for environmental data collection and are processed by the Zoning and Codes Office rather than the Planning Commission. Bauer said the current requests from Evergy Kansas Central Inc. would allow temporary testing only and staff recommended approval with conditions, including a one-year permit window and a requirement that all testing occur within a six-week window once begun.

The testing scope described by the applicant includes 13 soil borings, 17 test pits, 26 pile/post load tests (posts driven and left in place for 72 hours before testing), nine infiltration tests, six thermal resistivity samples, 12 soil-sample locations, and noninvasive drain-tile and gas-line surveys at roughly 39 and six locations, respectively. Bauer said crews would be limited to a maximum of 13 workers and that topsoil would be stripped, saved and replaced after tests.

Andy Koleski, a consultant with DEPCOM Power representing the Kansas Sky Energy Center, told commissioners the pile posts would be driven, remain in place 72 hours for load testing, then be removed and recycled; any remaining voids would be backfilled and compacted. Damon Ray, project manager for Evergy, said the data from the tests typically takes about four to six weeks to be processed by geotechnical engineers and is needed to finalize engineering and materials ordering for the larger project.

Grant Township and nearby residents objected. Emily Balodget Panos, Grant Township treasurer, told the commission the TBUs would violate a court injunction and said the township had provided a copy of the judge’s order in written comments. She also said the application lacked details required under the county’s TBU rules, including haul-route information, number and weight of passes by hauling equipment and a traffic-impact study.

Nancy Thelman, a resident, urged commissioners to delay action until litigation is resolved, saying the injunction states plaintiffs face irreparable injury if the property’s status quo is altered before the court resolves the dispute. Several commissioners noted the county sought clarification from the district court before proceeding; the judge told county counsel that because the commission had not yet made a decision, the court would not preempt the commission’s authority and that the county should complete its TBU process, after which the court could review whether any approved activity would violate the injunction.

Commissioner Reid moved to approve ZTBU 2025-003, ZTBU 2025-004, ZTBU 2025-005 and ZTBU 2025-006 for a period from 10/22/2025 to 10/22/2026 with staff-recommended conditions, changing “testing hours” to “working hours.” The motion passed 5-0.

The permits require notification to the Zoning and Codes Office 24 hours before testing begins, restrict testing to normal working hours, limit crew size and specify restoration standards (backfill, compaction, topsoil replacement). Staff mailed 91 notices to property owners within a half-mile, and one property owner submitted a comment in favor of the permits.

The decision does not, by itself, allow physical entry or testing if a court later rules that such activity would violate an injunction. County counsel said the next step after a commission decision would be to seek the court’s determination, as required by the judge’s prior order.

Votes at a glance

- Consent agenda (items 2.1–2.3): approved 5-0.
- Temporary business use permits ZTBU 2025-003, -004, -005, -006 (Kansas Sky Energy Center testing): approved 5-0. Permit period 10/22/2025–10/22/2026; testing to be completed within a six-week window once begun; conditions include working-hours restriction, 24-hour notice to zoning staff, crew-size and equipment limits.
- Appointment of Chad DiCaprio to the Board of Building Codes Appeals: approved 5-0.

The commission moved next to an executive session on real-property acquisition and legal consultation and later returned to open session with no action reported.

Ending: The permits advance the project’s preconstruction engineering work, but several neighbors and Grant Township said the county should defer until litigation concludes. The commission's approval now sets the matter up for possible judicial review of whether any onsite testing may proceed under the existing injunction.