Leavenworth County commissioners debate zoning, setbacks and noise limits for proposed data‑center and battery‑storage rules

Leavenworth County planning commissioners spent the bulk of a work session reviewing draft countywide regulations for data centers and battery energy storage systems (BESS), focusing on where such facilities should be allowed, technical design standards and monitoring requirements.

Staff framed the draft as regulatory language for future proposals rather than approval of any single project, saying large‑scale data centers would be allowed by‑right only in a new Planned Industrial Technology District (minimum 400 contiguous acres), while small and medium centers could use the special‑use permit (SUP) process in specified zoning districts. “A large center could only be accommodated in a planned industrial technology district. It has a minimum of 400 acres,” staff said.

Commissioners pressed staff on building form and public impacts. The draft proposes single‑story footprints in county rural areas, a maximum parapet height measured to the top of parapet (40 feet), and extensive buffering, berming and landscaping to screen facilities. Staff also proposed requiring closed‑loop cooling systems to limit water use and said applicants must provide service‑capability letters and relevant state and federal permits for water and air compliance.

Noise and setbacks drew sustained debate. Staff recommended a 300‑foot setback for large centers and a base noise cap of 75 dB at the property line with an automatic 10‑dB reduction if tonal components are detected. Several commissioners argued 75 dB was high for rural residential neighbors; after discussion the group settled on a compromise recommendation of 65 dB at the property line, with a 10‑dB automatic reduction to 55 dB if tonal (low‑frequency) noise is present. Staff said sites would require pre‑ and post‑construction narrow‑band and tonal analysis and that monitoring data would be posted on a publicly accessible website paid for by the developer.

On power and generation, staff said the draft distinguishes backup generation (for data centers) from independent generation facilities that would feed the grid; the draft explicitly disallows nuclear generation on sites. Commissioners discussed on‑site generation and whether micro‑generation or future technologies should be accommodated; staff said the draft could be amended if industry standards changed.

Battery storage rules were discussed separately: stand‑alone BESS facilities would be SUP uses with specific insurance, emergency response and inspection requirements; staff said many local proposals would use non‑lithium chemistries, and that SUP terms for some BESS facilities could be limited to two years to allow technological updates and re‑evaluation. The draft includes third‑party construction inspection and code‑compliance affidavits as conditions of final occupancy.

Staff told the commission it will incorporate the meeting’s feedback and return revised language for a public hearing before the Board of County Commissioners in August or September, depending on publication timelines. The work session did not adopt final rules; it was a direction to staff to revise the draft for public hearing.