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McPherson County advances data-center zoning ordinance, sets $2,000 permit fee
Summary
After public comment and debate about power, studies and investor disclosure, the McPherson County Commission approved second reading of a zoning ordinance for a proposed data center and established a $2,000 conditional-use application fee to cover zoning meeting and review costs.
McPherson County commissioners voted to advance a zoning ordinance related to a proposed data center and approved a $2,000 application fee for conditional-use permit review.
The measure moved to second reading after a unanimous voice vote. County staff explained the ordinance amendment would be published twice (July 10 and July 17); if those publications occur as scheduled the ordinance would take effect Aug. 5. Commissioners also approved by motion a $2,000 fee for data-center conditional-use permit applications to cover costs such as special zoning meetings.
The item drew a lengthy public-comment period and technical exchanges between commissioners, residents and an applicant representative. A member of the project team told the commission, “The data center does support the ordinance, and we fully intend to, be responsive to the set of request[s]” and confirmed required studies and documentation would be included as part of the conditional-use permit application. Residents asked whether the ordinance requires a set list of studies and whether operator actions — including types of cooling fluids and the company’s investor disclosures — would be part of the permit record. The applicant said investors would be asked for permission to disclose ownership interests and that studies would be filed with the permit application.
Power and rates were recurring concerns. A resident asked what protections exist if the project’s operation or a utility curtailment leaves towns without power. The applicant and county staff said utilities and grid operators (MDU and the regional operator) retain curtailment rights and that a complaint process through the utility or commission would be the venue for local remedies; the applicant offered to provide a redacted copy of relevant utility contracts as part of permit conditions.
Commissioners discussed their authority to request studies and other documentation before issuing a conditional-use permit. Staff and legal counsel advised that the ordinance allows the county to request “other relevant studies, reports, certifications, and approvals as may be reasonably requested” and that failure to meet permit conditions could lead to denial and a judicial appeal. Commissioners stressed they could amend the ordinance through the same zoning-ordinance process if they later decide to add explicit requirements.
What’s next: The ordinance proceeds to second reading; the conditional-use application will require the applicant to submit the studies and documentation the commission deems necessary. The $2,000 permit fee was adopted to cover review and special-meeting costs for the conditional-use process.
