After a month of deliberation, Edgerton made the move to deny an application Tuesday night for an $860 million data center in Logistics Park Kansas City.
The Edgerton Planning Commission voted 3-2 to deny the data center application from Dubai-based DAMAC Digital on Tuesday night.
Commissioners Adam Draskovich, Jeremy Little and Jordyn Mueller voted to deny the application, while Commission Chair Tina Mathos and Commissioner Ray Soemer voted against denial.
“I feel like it’s a short-term victory,” said Kellie Wakefield, an Edgerton resident. “It’s not completely denied. We’re just going to have to continue voicing our preference for the direction of our city and just protect our resources.”
Concerns over above-ground fuel storage
DAMAC representatives originally presented their application last month, which calls for converting a nearly 400,000-square-foot warehouse at Logistics Park Kansas City into a data center. However, the measure was tabled until the company could provide additional information on diesel generators and noise levels.
The company came back with a presentation (starting on page 205) Tuesday night, addressing those issues, along with several other key concerns from the community, including site viability, the facility’s water usage and the potential for air pollution.
City Attorney Todd Luckman reminded the planning commission before their discussion that denial must be based on established city code. If the city denies a project that conforms to code, then it opens itself up to litigation.
The additional information from DAMAC wasn’t enough for Draskovich, who made the motion to deny. He said the application did not meet the fifth standard of approval in city code: “The plan is consistent with good land planning and site engineering design principles.”
Draskovich added that under the city’s zoning code (Article 5, section 5.2, subsection H, item number 4), all fuel storage tanks must be located below ground. DAMAC’s application did not meet this requirement.
“I’ve gone through your entire site plan, I’ve gone through everything,” Draskovich said. “There was absolutely nothing, absolutely nothing, that shows fuel storage. So, that means your fuel storage with the generators are above ground.”
DAMAC could come back with revised plan
After he made the motion, the applicants asked for a five-minute recess. When DAMAC came back, they agreed to make those changes. However, the motion had already been made. A vote was required before moving forward.
While this application was ultimately denied Tuesday, DAMAC could still come back in the future with another application that explicitly states fuel storage will be below ground.
DAMAC Digital did not respond to requests for comment after the meeting.
As the city looks toward the future, and the possibility of other data center applications, Wakefield, the resident, said she hopes the city will adjust its code to more specifically address data centers.
“We need to comb through our regulations and our rules for what companies are allowed to build here, so we can make sure this can be prevented in the future,” Wakefield said. “It needs to be more specific.”
On Thursday, the Edgerton City Council is set to consider a six-month moratorium on data centers, a move that would bar new data center applications from being submitted while city staff conducts more in-depth research and considers potential changes to the city’s zoning code.
