Development News for El Dorado, Kansas

City Commission Adopts Zoning Amendments for Emerging Industries, Including Data Centers

The city commission considered amendments to Article 3 (Definitions), Appendix A (Zoning Use Classifications), and Article 6 (Supplementary Regulations) of the city's zoning regulations. The proposed amendments aimed to add definitions and use classifications for emerging industrial and infrastructure uses, including data centers, battery cell manufacturing, carbon capture facilities, and semiconductor packaging. Key definitions included 'sensitive use' to protect residential areas, schools, hospitals, parks, and other sensitive locations from industrial encroachment. The amendments introduced a special use permit process for these emerging industries, requiring detailed site plans, public hearings, and allowing the commission to impose conditions related to water usage, power draw, noise, traffic, screening, and hazardous materials. While the planning commission recommended approval of the amendments, extensive public comment raised concerns about potential negative impacts on water supply, energy infrastructure, environmental pollution, noise, property values, and the lack of transparency in the city's dealings with potential developers. The commission ultimately voted to adopt the amendments as ordinance G-1463, passing it with a simple majority. The city attorney and staff advised that adopting the amendments, even with 'may' language, provided a necessary framework and a layer of protection, allowing for future revisions and discretionary decisions through the special use permit process, which was preferable to having no regulations in place or attempting an outright prohibition without sufficient legal groundwork. The adopted amendments moved uses like data centers from potentially being permitted by-right to requiring a special use permit. Discussions also touched upon the possibility of a moratorium but ultimately concluded that adopting the current framework was the best immediate step to provide some level of protection and allow for future refinement.