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Board upholds data‑center conditional use permit with new environmental, financial and oversight conditions
Summary
After hours of testimony and questioning, the St. Louis Board of Adjustment voted 5–0 to affirm the Board of Public Service’s conditional use permit for a proposed data center, adding requirements on hazardous‑waste disposal, water‑system costs, generator testing and a decommissioning security before occupancy.
The St. Louis Board of Adjustment voted to uphold the Board of Public Service’s conditional use permit for a proposed data‑center project but added multiple enforceable conditions intended to protect public health, utility customers and the city’s long‑term interests.
The board’s action follows extensive public testimony from residents, industry groups and elected officials and lengthy questioning of the developer’s team about jobs, water use, grid interconnection and emergency procedures. Board member Laura Keyes urged colleagues to respect the permit’s conditions, saying, "This isn't a promise. It's a set binding enforceable condition." Keyes spoke in favor of denying the appeal and keeping the CUP in place.
Among the conditions the board added were: a requirement that the petitioner ensure all hazardous waste is disposed of in an environmentally appropriate manner; that the petitioner pay for any major water‑system improvements uncovered by hydraulic study; that backup generator testing not occur on days when the Air Quality Index exceeds 50 and that generators meet applicable National Fire Protection Association standards; that the petitioner fund an independent economic impact analysis to be approved by the city; that a community benefits agreement (CBA) be approved by a simple majority of the Board of Aldermen prior to issuance of a building permit; and that a decommissioning guarantee, escrow or security bond be posted prior to issuance of an occupancy permit to cover costs should the facility cease operation as a data center.
The motion to uphold the BPS decision with amendments was moved by board member Mona and seconded by Jim; the roll call produced five affirmative votes and the motion carried. The board read the list of exhibits into the record and closed the public‑testimony period before deliberations began.
