The Docket · Government Meeting · DKT-2026-004300

On the agenda: Leavenworth Packet — datacenter (Oct 21)

Past ⚠ Agenda Watch Leavenworth, Kansas · Wednesday, October 21, 2026 — 6 days ago

About this record

The published agenda for the October 21, 2026 meeting contains: "datacenter", "Data Center", "data center". The meeting has passed. The agenda stays here as a permanent public record.

WhenWednesday, October 21, 2026
Check the agenda document for the meeting time.

WhereLeavenworth, Kansas

BodyPacket

Money$0.00 was at stake

On the record“datacenter”“Data Center”“data center”

The agenda, word for word

Government public record — the full text of the published document, archived October 16, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

87 pages · scroll to read

Page 1 of 87

We encourage everyone to view the meeting live via YouTube.

Leavenworth County
Board of County Commissioners
Regular Meeting Agenda
300 Walnut Street, Suite 225
Leavenworth, KS 66048
October 21, 2026
9:00 a.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE/MOMENT OF SILENT PRAYER
III. ROLL CALL
IV. PUBLIC COMMENT: Public Comment shall be allowed at the beginning of each
meeting and opened again at the end of the meeting after all regularly scheduled agenda
items. Comments shall be limited to five minutes per person; however, commenters may
speak for up to five minutes at both the beginning and end of each meeting. There
should be no expectation of interaction by the Commission during this time. Everyone
wishing to make comments either on items on the agenda or not are encouraged to
provide their comments in writing no later than 8:00 a.m. the Monday immediately
preceding the meeting. These comments will be included in the agenda packet for
everyone to access and review. This allows the Commission to have time to fully
consider input and request follow-up if needed prior to the meeting. During times when
the Courthouse is closed to the general public anyone wishing to make public comment
will provide their comments in writing no later than 8:00 a.m. the Monday immediately
preceding the meeting. The comments will be included and distributed with the normal
meeting packet.
V. ADMINISTRATIVE BUSINESS:
a) County Clerk report
VI. CONSENT AGENDA: The items on the Consent Agenda are considered by staff to
be routine business items. Approval of the items may be made by a single motion,
seconded, and a majority vote with no separate discussion of any item listed. Should a
member of the Governing Body desire to discuss any item, it will be removed from the
Consent Agenda and considered separately.

Page 2 of 87

a) Approval of the minutes of the meeting of October 14, 2026
b) Approval of the schedule for the week of October 26, 2026
c) Approval of the check register
d) Approve and sign the OCB’s
VII. FORMAL BOARD ACTION:
a) Consider a motion to adopt Resolution 2026-22 and approve the proposed
amendments to the 2006 Leavenworth County Zoning and Subdivision
Regulations as outlined in Case DEV-26-100 based on the recommendation
of the Planning Commission.
VIII. PRESENTATIONS AND DISCUSSION ITEMS: presentations are materials of general
concern where no action or vote is requested or anticipated.
a) Quarterly reports
•

Human Resources

•

Information Technology

b) Memo to Cloverleaf discussion
c) Executive session if needed
IX. ADDITIONAL PUBLIC COMMENT
X. ADJOURNMENT

Page 3 of 87

LEAVENWORTH COUNTY COMMISSIONERS
MEETING SCHEDULE
Monday, October 19, 2026

Tuesday, October 20, 2026
12:00 p.m.

LCPA meeting

Wednesday, October 21, 2026
9:00 a.m.

Leavenworth County Commission meeting
• Commission Meeting Room, 300 Walnut, Leavenworth KS

Thursday, October 22, 2026

Friday, October 23, 2026

ALL SUCH OTHER BUSINESS THAT MAY COME BEFORE THE COMMISSION
ALL MEETINGS ARE OPEN TO THE PUBLIC
COMMENTS SHOULD BE OF GENERAL INTEREST OF THE PUBLIC AND SUBJECT TO THE RULES OF DECORUM

Page 4 of 87

*******October 14, 2026 ********
The Board of County Commissioners met in regular session on Wednesday, October 14, 2026.
Commissioner Smith, Commissioner Culbertson, Commissioner Reid and Commissioner Dove are present;
Commissioner Stieben is absent; Also present: Mark Loughry, County Administrator; Aaron Yoakam,
Buildings and Grounds Director; Chuck Magaha, Emergency Management Director;

PUBLIC COMMENT:
There were no public comments.
ADMINISTRATIVE BUSINESS:
Mark Loughry recognized the passing of former County Commissioner Bob Holland.
Mr. Loughry updated the Board on the chip and seal roads indicating Olsson will be evaluating
the pavement.
Commissioner Dove suggested to add to the agenda discussing rules and by-laws of the
commission meeting.
Mr. Loughry suggested two weeks for a work session.
Commissioner Dove commended Buildings and Grounds for addressing a sewer issue in his area
very quickly.
A motion was made by Commissioner Culbertson and seconded by Commissioner Smith to
accept the consent agenda for Wednesday, October 14, 2026.
Motion passed, 4-0.
Austin Reynolds presented the quarterly report for the Extension Office.
Aaron Yoakam presented the quarterly report for Buildings and Grounds.
Chuck Magaha presented the quarterly report for Emergency Management.
Kim Colvert and Cecilia Pruitt commented.
Commissioner Dove spoke about cooling technologies, water consumption and economic benefits
of a datacenter.
A motion was made by Commissioner Dove and seconded by Commissioner Smith to adjourn.
Motion passed, 4-0.
The Board adjourned at 9:55 a.m.

Page 5 of 87

LEAVENWORTH COUNTY COMMISSIONERS
MEETING SCHEDULE
Monday, October 26, 2026

Tuesday, October 27, 2026

Wednesday, October 28, 2026
9:00 a.m.

Leavenworth County Commission meeting
• Commission Meeting Room, 300 Walnut, Leavenworth KS

Thursday, October 29, 2026

Friday, October 30, 2026

ALL SUCH OTHER BUSINESS THAT MAY COME BEFORE THE COMMISSION
ALL MEETINGS ARE OPEN TO THE PUBLIC
COMMENTS SHOULD BE OF GENERAL INTEREST OF THE PUBLIC AND SUBJECT TO THE RULES OF DECORUM

Page 6 of 87

FMWARREGR2
JSCHERMBEC

LEAVENWORTH COUNTY
WARRANT REGISTER
START DATE: 10/09/2026 END DATE: 10/15/2026

10/15/26

13:54:09
Page
1

TYPES OF CHECKS SELECTED: * ALL TYPES
CHECK RANGE SELECTED: * No Check Range Selected
WARRANT CHK
NUMBER TYPE

WARRANT
DATE

VEND #/
PCH DOC #

VENDOR NAME/
ACCOUNT NUMBER

1000

10/14/2026

1123
144139
144139
144139

POMP'S TIRE SERVICE INC
6-133-5-00-309
TIRES
6-133-5-00-309
TIRES
6-133-5-00-309
TIRES

8103
144153

CHARTER COMMUNICATIONS
6-001-5-18-213
COMMUNICATION

DESCRIPTION

AMOUNT
940.00
1,974.36
2,133.00
WARRANT TOTAL

1001

10/14/2026

5,047.36
2,217.58

WARRANT TOTAL
1002
1003
1004

1005
1006

*122091

10/14/2026
10/14/2026
10/15/2026

10/15/2026
10/15/2026

AP 10/14/2026

8416
144149
8686
144112
6055
144168
144168
144168
144168
144168
144168
144168
144168
144168
144168
144168
144168
144168
8686
144163
516725
144169
144169
144169
144169
144169
144169
144169
144169
144169
144169
144169
4120
144123
144123
144127
144127

IRON MOUNTAIN INC
6-145-5-00-208

TOTAL

COA SEPTEMBER SHRED SERVICE
WARRANT TOTAL
EVERGY KANSAS CENTRAL INC
6-133-5-00-251
ELECTRIC SERVICES 23690 187TH
WARRANT TOTAL
FLEETHOSTER
6-001-5-05-271
OCTOBER
6-001-5-06-222
OCTOBER
6-001-5-11-271
OCTOBER
6-001-5-12-225
OCTOBER
6-001-5-31-230
OCTOBER
6-001-5-41-271
OCTOBER
6-001-5-53-220
OCTOBER
6-108-5-00-213
OCTOBER
6-133-5-00-2
OCTOBER
6-133-5-00-229
OCTOBER
6-137-5-00-229
OCTOBER
6-145-5-00-230
OCTOBER
6-160-5-00-215
OCTOBER
WARRANT TOTAL
EVERGY KANSAS CENTRAL INC
6-133-5-00-251
ELECTRIC SERVICE FOR LEA RT 2
WARRANT TOTAL
ENTERPRISE FM TRUST
6-001-5-05-271
OCTOBER
6-001-5-06-222
OCTOBER
6-001-5-11-271
OCTOBER
6-001-5-31-230
OCTOBER
6-001-5-41-271
OCTOBER
6-001-5-53-220
OCTOBER
6-126-5-00-221
OCTOBER
6-133-5-00-229
OCTOBER
6-136-5-00-221
OCTOBER
6-145-5-00-230
OCTOBER
6-160-5-00-215
OCTOBER
WARRANT TOTAL
AAA LAUNDRY & LINEN SUPPLY CO
6-001-5-53-215
UNIFORM RENTALS
6-001-5-53-215
UNIFORM RENTALS
6-133-5-00-215
UNIFORM RENTALS
6-133-5-00-312
UNIFORM RENTALS

2,217.58
66.35
66.35
37.74
37.74
160.00
19.95
19.95
40.00
59.85
100.00
99.75
39.90
40.00
976.08
340.00
598.80
119.80
2,614.08
27.49
27.49
4,376.51
315.52
385.26
4,395.17
1,287.51
2,335.12
14.77
13,710.90
24,329.89
16,441.97
1,038.35
68,630.97
107.46
107.46
1,034.58
554.61

Page 7 of 87

FMWARREGR2
JSCHERMBEC

LEAVENWORTH COUNTY
WARRANT REGISTER
START DATE: 10/09/2026 END DATE: 10/15/2026

10/15/26

13:54:09
Page
2

TYPES OF CHECKS SELECTED: * ALL TYPES
CHECK RANGE SELECTED: * No Check Range Selected
WARRANT CHK
NUMBER TYPE

WARRANT
DATE

VEND #/
PCH DOC #

VENDOR NAME/
ACCOUNT NUMBER

DESCRIPTION

144117
144117

6-137-5-00-203
6-137-5-00-203

UNIFORM RENTAL
UNIFORM RENTAL

20588
144113
144113
144113

ADVANTAGE PRINTING
6-001-5-49-341
6-001-5-49-341
6-001-5-49-341

18253
144157
144155
144155
144156
144156
144158
144158

AT&T MOBILITY
6-106-5-00-200
6-126-5-00-210
6-126-5-00-210
6-136-5-00-206
6-136-5-00-246
6-138-5-00-226
6-138-5-00-226

AMOUNT
103.62
103.62
WARRANT TOTAL

122092

122093

122094
122095
122096

122097

122098
122099

122100

AP 10/14/2026

AP 10/14/2026
AP 10/14/2026
AP 10/14/2026

AP 10/14/2026

AP 10/14/2026
AP 10/14/2026

AP 10/14/2026

2541
144100
1055
144101
571
144145
144145
144145
1504
144146
144146
144146
446
144118
2410
144152
144152
144152
144152
144152
144152
144152
2588
144130
144130
144130
144130

TOTAL

2,011.35

SIGNS, BOOKS, ENVELOPES
SIGNS, BOOKS, ENVELOPES
SIGNS, BOOKS, ENVELOPES
WARRANT TOTAL

306.25
106.25
235.00

WIRELESS
COMMUNICATION
COMMUNICATION
WIRELESS
WIRELESS
WIRELESS
WIRELESS

102.10
313.56
300.24
151.94
102.10
104.52
99.68

WARRANT TOTAL
BEST PLUMBING SPECIALTIES,INC
6-001-5-07-357
JAIL PLUMBING SUPPLIES
WARRANT TOTAL
CLAYTON PAPER & DISTRIBUTION I
6-001-5-07-359
JAIL EXPENSE
WARRANT TOTAL
QUIKRETE HOLDINGS
6-133-5-00-325
CULBERTS
6-133-5-00-325
CULBERTS
6-133-5-00-325
CULBERTS
WARRANT TOTAL
DELTA DENTAL OF KANSAS
6-510-2-00-942
DENTAL PREMIUMS
6-510-2-00-942
DENTAL PREMIUMS
6-510-2-00-942
DENTAL PREMIUMS
WARRANT TOTAL
EQUIPMENT SHARE INC
6-137-5-00-320
CASE, PIN COILED PIN
WARRANT TOTAL
FIRST CALL INC
6-001-5-13-211
TRANSPORTATION
6-001-5-13-211
TRANSPORTATION
6-001-5-13-211
TRANSPORTATION
6-001-5-13-211
TRANSPORTATION
6-001-5-13-211
TRANSPORTATION
6-001-5-13-211
TRANSPORTATION
6-001-5-13-211
TRANSPORTATION
WARRANT TOTAL
FOLEY EQUIPMENT
6-133-5-00-227
RENTALS
6-133-5-00-227
RENTALS
6-133-5-00-227
RENTALS
6-133-5-00-227
RENTALS

647.50

1,174.14
7,737.90
7,737.90
272.37
272.37
3,914.40
1,474.40
3,538.56
8,927.36
16,966.52
27.20
2,651.90
19,645.62
67.75
67.75
125.00
125.00
125.00
125.00
125.00
125.00
250.00
1,000.00
2,106.00
2,341.00
66.71
29.60

Page 8 of 87

FMWARREGR2
JSCHERMBEC

LEAVENWORTH COUNTY
WARRANT REGISTER
START DATE: 10/09/2026 END DATE: 10/15/2026

10/15/26

13:54:09
Page
3

TYPES OF CHECKS SELECTED: * ALL TYPES
CHECK RANGE SELECTED: * No Check Range Selected
WARRANT CHK
NUMBER TYPE

122101

122102
122103

122104
122105

122106
122107

122108
122109
122110
122111
122112

WARRANT
DATE

AP 10/14/2026

AP 10/14/2026
AP 10/14/2026

AP 10/14/2026
AP 10/14/2026
AP 10/14/2026
AP 10/14/2026
AP 10/14/2026

VEND #/
PCH DOC #

VENDOR NAME/
ACCOUNT NUMBER

DESCRIPTION

144119

6-137-5-00-320

QUICK COUPLER, TRAVEL TIME
WARRANT TOTAL

632.56

774
144131
144131
144131

G W VAN KEPPEL
6-133-5-00-360
6-133-5-00-360
6-133-5-00-360

KEYS AND SWITCHES
KEYS AND SWITCHES
KEYS AND SWITCHES
WARRANT TOTAL
HEARTLAND BUSINESS SYSTEMS LLC
6-115-5-00-409
PROFESSIONAL SERVICES WSUS OUT
WARRANT TOTAL
THE GUIDANCE CENTER (TRAINING
6-125-5-00-2
SEPTEMBER 2026 SALARY AND FRIN
6-135-5-00-201
SEPTEMBER 2026 SALARY ROBINSON
WARRANT TOTAL
HD SUPPLY, INC
6-133-5-00-360
ADAPTOR, DOORSTOP
WARRANT TOTAL
HERITAGE-CRYSTAL CLEAN,LLC
6-133-5-00-310
USED OIL PICK UP AND ENERGY SU
6-133-5-00-310
USED OIL PICK UP AND ENERGY SU
WARRANT TOTAL
HID GLOBAL CORPORATION
6-194-5-00-2
ANNUAL MAINTENANCE CONTRACT 07
WARRANT TOTAL
ATCHISON AUTO PARTS LLC DBA NA
6-133-5-00-310
TOOLS, SUUPLIES, PARTS AND FLU
6-133-5-00-312
TOOLS, SUUPLIES, PARTS AND FLU
6-133-5-00-312
TOOLS, SUUPLIES, PARTS AND FLU
6-133-5-00-312
TOOLS, SUUPLIES, PARTS AND FLU
6-133-5-00-360
TOOLS, SUUPLIES, PARTS AND FLU
6-133-5-00-365
TOOLS, SUUPLIES, PARTS AND FLU
6-137-5-00-320
PARTS
6-137-5-00-320
PARTS
6-137-5-00-320
PARTS
6-137-5-00-320
GASKET MAKER, PARTS, THREADLOC
6-137-5-00-320
GASKET MAKER, PARTS, THREADLOC
WARRANT TOTAL
KANEQUIP, INC
6-137-5-00-320
REMAN SENSOR, CORE SENSOR
WARRANT TOTAL
KANSAS LEGAL SERVICES, INC
6-001-5-09-231
CINC CASES
WARRANT TOTAL
KANSAS STATE HISTORICAL SOCIET
6-133-5-00-327
32 REPORTS
WARRANT TOTAL
CITY OF LANSING
6-160-5-00-210
SEWER
WARRANT TOTAL
LEAVENWORTH ASPHALT MATERIALS

38.11
38.11730.12

1129
144103
28526
144107
144108
1045
144132
3621
144129
144129
361
144102
966
144136
144136
144136
144136
144136
144136
144111
144111
144111
144121
144121
8569
144120
834
144151
8408
144133
9271
144116
1351

AMOUNT

TOTAL
5,175.87

730.12
1,222.50
1,222.50
9,790.45
7,706.53
17,496.98
26.65
26.65
107.50
41.98
149.48
1,967.14
1,967.14
7.14
17.25
58.45
30.00
30.92
579.00
55.12
18.64
55.12
123.90
34.50
1,010.04
504.40
504.40
3,000.00
3,000.00
128.00
128.00
69.60
69.60

Page 9 of 87

FMWARREGR2
JSCHERMBEC

LEAVENWORTH COUNTY
WARRANT REGISTER
START DATE: 10/09/2026 END DATE: 10/15/2026

10/15/26

13:54:09
Page
4

TYPES OF CHECKS SELECTED: * ALL TYPES
CHECK RANGE SELECTED: * No Check Range Selected
WARRANT CHK
NUMBER TYPE

WARRANT
DATE

VEND #/
PCH DOC #

VENDOR NAME/
ACCOUNT NUMBER

DESCRIPTION

AMOUNT

144134
144134

6-133-5-00-362
6-133-5-00-362

ASPHALT AND SEAL
ASPHALT AND SEAL

4,059.14
17,384.01

232
144135
144135
144135
144135
144135
144135
144135

MHC KENWORTH-OLATHE
6-133-5-00-360
6-133-5-00-360
6-133-5-00-360
6-133-5-00-360
6-133-5-00-360
6-133-5-00-360
6-133-5-00-360

2666
144128

DAN BAUMCHEN
6-133-5-00-201

2666
144150

ROGER MARRS
6-001-5-09-233

680
144137

NEXTRAN TRUCK CENTERS
6-133-5-00-360
SIDE MARKS

WARRANT TOTAL
122113

AP 10/14/2026

PARTS
PARTS
PARTS
PARTS
PARTS
PARTS
PARTS

21,443.15
263.90
4,907.86
5,851.26
5,851.261,759.76
1,273.59135.84-

WARRANT TOTAL
122114
122115
122116

AP 10/14/2026
AP 10/14/2026
AP 10/14/2026

5,522.09

69TH ANNUAL MEETING FOR MO SOC
WARRANT TOTAL

284.20

TAX SALES MAILERS
WARRANT TOTAL

33.74

284.20
33.74
229.68

WARRANT TOTAL
122117

122118
122119

122120

122121

122122

122123

AP 10/14/2026

AP 10/14/2026
AP 10/14/2026

AP 10/14/2026

60
144124
144124
993
144106
8028
144122
144122
144122
1132
144126
144126
418
144138
144138
144138
7098
144104
144104
144159
1485
144147
144147

TOTAL

NUTRIEN AG SOLUTIONS,INC
6-001-5-53-305
PASTUREGARD HL AND REMEDY
6-001-5-53-305
PASTUREGARD HL AND REMEDY
WARRANT TOTAL
PB ELECTRONICS INC
6-001-5-07-353
DSR ANTENNA SN KC517073
WARRANT TOTAL
MURPHY TRACTOR & EQUIP CO
6-137-5-00-320
PARTS
6-137-5-00-320
PARTS
6-137-5-00-320
PARTS
WARRANT TOTAL
PRECISION ASPHALT, MILLING AND
6-133-5-00-225
BRIDGE T 73 MILLING SOUTH AND
6-133-5-00-225
BRIDGE T 73 MILLING SOUTH AND
WARRANT TOTAL
PENSKE COMMERCIAL VEHICLES US
6-133-5-00-360
PARTS
6-133-5-00-360
PARTS
6-133-5-00-360
PARTS
WARRANT TOTAL
QUILL CORP
6-001-5-07-301
OFFICE SUPPLIES
6-001-5-07-301
OFFICE SUPPLIES
6-139-5-00-301
OFFICE SUPPLIES
WARRANT TOTAL
RELIANCE STANDARD
6-510-2-00-962
LIFE INSURANCE
6-510-2-00-965
LIFE INSURANCE

229.68
4,920.00
8,121.60
13,041.60
228.00
228.00
365.74
2,670.97
826.55
3,863.26
3,750.00
3,750.00
7,500.00
292.90
805.56
341.24
1,439.70
80.32
12.99
82.29
175.60
1,520.10
2,799.72

Page 10 of 87

FMWARREGR2
JSCHERMBEC

LEAVENWORTH COUNTY
WARRANT REGISTER
START DATE: 10/09/2026 END DATE: 10/15/2026

10/15/26

13:54:09
Page
5

TYPES OF CHECKS SELECTED: * ALL TYPES
CHECK RANGE SELECTED: * No Check Range Selected
WARRANT CHK
NUMBER TYPE

WARRANT
DATE

VEND #/
PCH DOC #

VENDOR NAME/
ACCOUNT NUMBER

1090
144114

PRAIRIE LANDFILL LLC
6-160-5-00-204

1130
144110

REVIVE RESIDENCE
6-106-5-00-200

DESCRIPTION

AMOUNT
WARRANT TOTAL

122124
122125

AP 10/14/2026
AP 10/14/2026

4,319.82

SINGLE STREAM RECYCLING
WARRANT TOTAL

692.90

HOUSING DAY

708.58

692.90

WARRANT TOTAL
122126

122127

122128

122129
122130
122131

122132
122133
*122135
122136

AP 10/14/2026

AP 10/14/2026
AP 10/14/2026
AP 10/14/2026

AP 10/14/2026
AP 10/14/2026
AP 10/15/2026
AP 10/15/2026

458
144125
144125
144148

LEAV CO PUBLIC WORKS
6-001-5-14-336
6-001-5-53-308
6-145-5-00-306

1126
144154
144154

STARNET SOLUTIONS INC
6-001-5-18-220
FORTINET RENEWAL
6-001-5-18-254
FORTINET RENEWAL

1494
144140
144140
23432
144105
1098
144115
668
144141
144141
22972
144142
7512
144143
5637
144173
243
144167
144167
144167
144167
144167
144167
144167
144167
144167
144167

REPORTING DATES 9.1 -9 30
REPORTING DATES 9.1 -9 30
FLEET MAINTENANCE
WARRANT TOTAL

WARRANT TOTAL
STRAIGHT-LINE STRIPING INC
6-133-5-00-313
YELLOW AND WHITE PAINT
6-133-5-00-313
YELLOW AND WHITE PAINT
WARRANT TOTAL
TANGENT COMPUTER
6-001-5-07-262
INBOUND AND OUTBOUND SPAM 10 2
WARRANT TOTAL
TIRE CITY OF LEAVENWORTH, INC
6-160-5-00-207
SCRAP TIRE DISPOSAL
WARRANT TOTAL
TIREHUB INC
6-133-5-00-309
TIRES
6-133-5-00-309
TIRES
WARRANT TOTAL
TRANSFER STATION
6-133-5-00-214
CONST DEMOLITION TICKET 004843
WARRANT TOTAL
UNITED ROTARY BRUSH CORP
6-133-5-00-360
BROOM REFILLS
WARRANT TOTAL
CLEARWATER ENTERPRISES,LLC
6-133-5-00-304
GAS FOR THE COUNTY SHOP FINANC
WARRANT TOTAL
GEOTAB USA INC
6-001-5-05-271
SEPTEMBER GEOLOCATION
6-001-5-06-222
SEPTEMBER GEOLOCATION
6-001-5-11-271
SEPTEMBER GEOLOCATION
6-001-5-14-340
SEPTEMBER GEOLOCATION
6-001-5-31-230
SEPTEMBER GEOLOCATION
6-001-5-41-271
SEPTEMBER GEOLOCATION
6-001-5-53-220
SEPTEMBER GEOLOCATION
6-108-5-00-213
SEPTEMBER GEOLOCATION
6-127-5-00-2
SEPTEMBER GEOLOCATION
6-133-5-00-2
SEPTEMBER GEOLOCATION

TOTAL

708.58
1,229.52
160.91
1,251.33
2,641.76
4,125.00
1,500.00
5,625.00
5,129.10
6,755.40
11,884.50
1,811.25
1,811.25
650.00
650.00
691.60
691.60
1,383.20
171.00
171.00
643.30
643.30
67.63
67.63
228.62
16.33
16.33
39.14
48.99
81.65
81.65
32.66
16.33
16.33

Page 11 of 87

FMWARREGR2
JSCHERMBEC

LEAVENWORTH COUNTY
WARRANT REGISTER
START DATE: 10/09/2026 END DATE: 10/15/2026

10/15/26

13:54:09
Page
6

TYPES OF CHECKS SELECTED: * ALL TYPES
CHECK RANGE SELECTED: * No Check Range Selected
WARRANT CHK
NUMBER TYPE

122137
122138

122139

122140

122141
122142

122143

WARRANT
DATE

AP 10/15/2026
AP 10/15/2026

AP 10/15/2026

AP 10/15/2026
AP 10/15/2026

AP 10/15/2026

VEND #/
PCH DOC #

VENDOR NAME/
ACCOUNT NUMBER

DESCRIPTION

AMOUNT

144167
144167
144167
144167

6-133-5-00-229
6-137-5-00-229
6-145-5-00-230
6-160-5-00-215

SEPTEMBER GEOLOCATION
SEPTEMBER GEOLOCATION
SEPTEMBER GEOLOCATION
SEPTEMBER GEOLOCATION
WARRANT TOTAL

1,188.98
277.61
489.90
97.98

400
144172

CAROL LOHMAN
6-001-5-07-266

FINAL INVOICE CARE AND SHELTER
WARRANT TOTAL

7,300.00

1133
144171
144171

RHONDA BERRY
6-001-5-07-266
6-001-5-07-266

FINAL INVOICE BOARD AND CARE S
FINAL INVOICE BOARD AND CARE S
WARRANT TOTAL

5,400.00
1,500.00-

632
144164
144164

RURAL WATER DIST NO 8
6-133-5-00-214
WATER METER SERVICE AT THE SHO
6-133-5-00-214
WATER METER SERVICE AT THE SHO
WARRANT TOTAL
ELIOR,INC
6-001-5-07-261
INMATE MEALS
6-001-5-07-261
INMATE MEALS
6-001-5-07-261
INMATE MEALS
WARRANT TOTAL
UNDERGROUND VAULTS & STORAGE
6-001-5-19-214
ANNUAL STORAGE COURT RECORDS
WARRANT TOTAL
US POSTAL SERVICE (QUADIENT-PO
6-001-5-01-302
SEPTEMBER POSTAGE
6-001-5-03-302
SEPTEMBER POSTAGE
6-001-5-05-302
SEPTEMBER POSTAGE
6-001-5-06-302
SEPTEMBER POSTAGE
6-001-5-07-302
SEPTEMBER POSTAGE
6-001-5-09-232
SEPTEMBER POSTAGE
6-001-5-11-302
SEPTEMBER POSTAGE
6-001-5-19-302
SEPTEMBER POSTAGE
6-001-5-28-302
SEPTEMBER POSTAGE
6-001-5-41-302
SEPTEMBER POSTAGE
6-001-5-53-301
SEPTEMBER POSTAGE
6-108-5-00-302
SEPTEMBER POSTAGE
6-108-5-00-606
SEPTEMBER POSTAGE
6-127-5-00-3
SEPTEMBER POSTAGE
6-133-5-00-301
SEPTEMBER POSTAGE
6-136-5-00-341
SEPTEMBER POSTAGE
6-146-5-00-302
SEPTEMBER POSTAGE
6-160-5-00-201
SEPTEMBER POSTAGE
WARRANT TOTAL
VANCE BROS LLC
6-133-5-00-303
ROAD SEAL
6-133-5-00-303
ROAD SEAL
6-133-5-00-303
ROAD SEAL
6-133-5-00-303
ROAD SEAL
6-133-5-00-303
ROAD SEAL

248
144161
144161
144161
41
144162
575
144170
144170
144170
144170
144170
144170
144170
144170
144170
144170
144170
144170
144170
144170
144170
144170
144170
144170
1241
144165
144165
144165
144165
144165

TOTAL

2,632.50
7,300.00

3,900.00
363.74
1,603.23
1,966.97
6,718.04
6,754.99
6,853.87
20,326.90
10,424.72
10,424.72
2.34
1.56
529.69
89.65
284.26
27.30
497.05
2,679.55
39.06
9.94
.78
5.01
187.78
57.27
62.97
4.19
2,299.66
41.34
6,819.40
14,956.26
14,401.56
14,773.08
14,626.02
14,822.10

Page 12 of 87

FMWARREGR2
JSCHERMBEC

LEAVENWORTH COUNTY
WARRANT REGISTER
START DATE: 10/09/2026 END DATE: 10/15/2026

10/15/26

13:54:09
Page
7

TYPES OF CHECKS SELECTED: * ALL TYPES
CHECK RANGE SELECTED: * No Check Range Selected
WARRANT CHK
NUMBER TYPE

122144

122145

122146
*122148

122149

WARRANT
DATE

AP 10/15/2026

AP 10/15/2026
AP 10/15/2026

AP 10/15/2026

VEND #/
PCH DOC #

VENDOR NAME/
ACCOUNT NUMBER

DESCRIPTION

AMOUNT

144165
144165
144165
144166
144166
144166
144166
144166
144166
144166

6-133-5-00-303
6-133-5-00-303
6-133-5-00-303
6-133-5-00-303
6-133-5-00-303
6-133-5-00-303
6-133-5-00-303
6-133-5-00-303
6-133-5-00-303
6-133-5-00-303

ROAD SEAL
ROAD SEAL
ROAD SEAL
ROAD SEAL
ROAD SEAL
ROAD SEAL
ROAD SEAL
ROAD SEAL
ROAD SEAL
ROAD SEAL

14,871.12
15,095.58
14,902.08
15,000.12
15,137.48
14,677.62
14,969.16
14,974.32
14,943.36
14,865.96

1402
144174
144174
989
144176
144176
144176
144176
144176
195
144175
1241
144177
144177
144177
144177
144177
144177
144177
575
144178

WARRANT TOTAL
BLUE CROSS BLUE SHIELD OF KANS
6-510-2-00-939
COVERAGE PERIOD ACTIVE EMPLOYE
6-510-2-00-939
COVERAGE PERIOD ACTIVE EMPLOYE
WARRANT TOTAL
MODRN HEALTH, INC
6-112-5-00-256
HEALTH CARE MEMBERS, SPOUSE, C
6-112-5-00-256
HEALTH CARE MEMBERS, SPOUSE, C
6-112-5-00-256
HEALTH CARE MEMBERS, SPOUSE, C
6-112-5-00-256
HEALTH CARE MEMBERS, SPOUSE, C
6-112-5-00-256
HEALTH CARE MEMBERS, SPOUSE, C
WARRANT TOTAL
NEW DIRECTIONS
6-112-5-00-220
EE BENEFITS EAP
WARRANT TOTAL
VANCE BROS LLC
6-133-5-00-303
ROAD SEAL
6-133-5-00-303
ROAD SEAL
6-133-5-00-303
ROAD SEAL
6-133-5-00-303
ROAD SEAL
6-133-5-00-303
ROAD SEAL
6-133-5-00-303
ROAD SEAL
6-133-5-00-303
ROAD SEAL
WARRANT TOTAL
US POSTAL SERVICE (QUADIENT-PO
6-145-5-00-302
COA POSTAGE
WARRANT TOTAL
GRAND TOTAL

TOTAL

223,015.82
861,649.28
9,474.02
871,123.30
15,703.00
1,740.00
850.00
62.67
1,492.32
19,847.99
7,747.92
7,747.92
14,871.12
15,023.34
14,979.48
14,964.00
14,894.34
15,394.86
15,041.40
105,168.54
385.92
385.92
1,516,626.28

Page 13 of 87

FMWARREGR2
JSCHERMBEC

LEAVENWORTH COUNTY
WARRANT REGISTER
START DATE: 10/09/2026 END DATE: 10/15/2026

TYPES OF CHECKS SELECTED: * ALL TYPES
CHECK RANGE SELECTED: * No Check Range Selected
FUND SUMMARY
001
106
108
112
115
125
126
127
133
135
136
137
138
139
145
146
160
194
510

GENERAL
OPIOID SETTLEMENT
COUNTY HEALTH
EMPLOYEE BENEFIT
EQUIPMENT RESERVE
CPJJ
COMM CORR ADULT
COMM CORR ADULT NON GRANT
ROAD & BRIDGE
COMM CORR OPIOID
COMM CORR JUVENILE
LOCAL SERVICE ROAD & BRIDGE
JUV INTAKE & ASSESSMENT
JDC: FAMILY STRONG
COUNCIL ON AGING
COUNTY TREASURER SPECIAL
SOLID WASTE MANAGEMENT
VIOLENT OFFENDERS
PAYROLL CLEARING
TOTAL ALL FUNDS

97,533.70
810.68
265.35
27,595.91
1,222.50
9,790.45
628.57
73.60
418,644.50
7,706.53
24,588.12
6,180.10
204.20
82.29
19,234.27
2,299.66
2,709.97
1,967.14
895,088.74
1,516,626.28

10/15/26

13:54:09
Page
8

Page 14 of 87

Leavenworth County
Request for Board Action
Case No. DEV-26-100 Proposed Amendment to the 2006 Leavenworth County
Zoning and Subdivision Regulations – Article 18 & 19
Date: October 21, 2026
To:
Board of County Commissioners
From: Planning & Zoning Staff
Department Head Review: John Jacobson, Reviewed
Additional Reviews as needed:
Budget Review

Administrator Review

Legal Review

Action Requested:
Chairman, I move to adopt Resolution 2026-22 and approve the proposed amendments to the
2006 Leavenworth County Zoning and Subdivision Regulations as outlined in Case DEV-26-100
based on the recommendation of the Planning Commission.
Analysis: This is a request to consider a proposed amendment to the 2006 Leavenworth
County Zoning and Subdivision Regulations. The proposed amendment is for the following
Article 18 – Planned Zoning Districts (add Section 6.6 Battery Energy Storage Systems)
Article 19 – Table of Uses
The Planning Commission considered the proposed amendments, as amended by Kutak-Rock
LLP, on October 14, 2026. The amendments add Section 6.6 Battery Energy Storage Systems
to Article 18 and amend the Table of Uses to include Battery Energy Storage Systems. This
request does not include the proposed amendments for Data Centers.
Recommendation: The Planning Commission voted 7-0 to recommend approval of Case No.
DEV-26-100 Amendment to the 2006 Leavenworth County Zoning and Subdivision Regulations
– Article 18 & 19
Alternatives:
1. Approve Case No. DEV-26-100 Amendment to the 2006 Leavenworth County Zoning and
Subdivision Regulations – Article 18 & 19;
2. Deny Case No. DEV-26-100 Amendment to the 2006 Leavenworth County Zoning and
Subdivision Regulations – Article 18 & 19;
3. Revise or Modify the Planning Commission Recommendation to Case No. DEV-26-100
Amendment to the 2006 Leavenworth County Zoning and Subdivision Regulations –
Article 18 & 19;
4. Remand the case back to the Planning Commission.

Page 15 of 87

Budgetary Impact:
Not Applicable
Budgeted item with available funds
Non-Budgeted item with available funds through prioritization
Non - Budgeted item with additional funds requested
Total Amount Requested:
$0.00
Additional Attachments: Staff Report, Public Comments, Resolution

Page 16 of 87

Case No. DEV-26-100
Proposed Amendment to the 2006 Leavenworth County Zoning and Subdivision
Regulations
***Public Hearing Item***
Staff Report – Planning Commission
GENERAL INFORMATION:
Applicant:

Leavenworth County Planning and Zoning Department

Planner:

John Jacobson

October 14, 2026

REQUEST:
The proposed language amendment for Battery Energy Storage Systems was originally noticed
for the August 12, 2026 Planning Commission meeting but was ultimately tabled. At the
September 9, 2026 Planning Commission meeting, Staff requested that the proposed language
amendments for Section 6.6 Battery Energy Storage Systems be scheduled for the October 14,
2026 meeting to allow legal review to be finalized before the Planning Commission reviews the
text. The Planning Commission approved tabling this item until the October meeting.
Amendments to Article 18 – Planned Zoning Districts and Article 19 – Land Use Table was
noticed for the October 14, 2026 meeting (see attached).
Kutak Rock LLP has completed their review of the proposed language amendments with the
final proposed text attached.
The proposed changes include:
Article 18 Adding Sections 6.6
Section 6.6
Battery Energy Storage Systems
Article 19
Amending Use Tables to accommodate the proposed Districts
STAFF RECOMMENDATION:
The staff recommends approval of Case No.DEV-26-100, proposed amendment to the 2006
Leavenworth County Zoning and Subdivision Regulations pertaining to Article 18, Section 6.6
and Article 19.
ACTION OPTIONS:
1. Recommend approval of Case No. DEV-26-100, proposed amendment to the 2006
Leavenworth County Zoning and Subdivision Regulations, to the Board of County
Commission, with Findings of Fact; or
2. Recommend denial of Case No. DEV-26-100, proposed amendment to the 2006
Leavenworth County Zoning and Subdivision Regulations, to the Board of County
Commission, with Findings of Fact; or
3. Continue the Public hearing to another date, time, and place.

October 14, 2026

Leavenworth County Planning Commission

Page 17 of 87

ATTACHMENTS:
Proposed Amendment
Redline of Proposed Amendment
Public Hearing Notice Affidavit

October 14, 2026

Leavenworth County Planning Commission

Page 18 of 87

BATTERY ENERGY STORAGE SYSTEM (BESS)
CRITERIA AND STANDARDS FOR A SPECIAL USE APPLICATION
LEAVENWORTH COUNTY, KANSAS
Article 18 – Planned Zoning Districts
Section 6.6 Battery Energy Storage Systems
A. Intent
1. These criteria are intended to address potential issues associated with Battery Energy
Storage Systems (BESS). As potential issues vary with the size of the BESS, such BESS are
categorized herein as Tier 1, Tier 2, or Tier 3.
2. Tier 1 BESS shall be permitted as an accessory use, which does not require a special use
permit (SUP) or a development plan, but may require approval.
3. Tier 2 or Tier 3 BESS shall be permitted only under an SUP and development plan.
a. Such Tier 2 and Tier 3 BESS shall submit to a development plan process, either on a
standalone basis or as part of a broader project for which BESS is an accessory use.
b. A preliminary development plan shall be submitted as part of the SUP application
process.
c. Final development plans that are in general conformance with the approved SUP
and preliminary development plan (PDP) shall be administratively approved prior to
the issuance of the building permit.
d. Additional issues not listed in the SUP and PDP may emerge and be deemed
significant due to studies, public input, or other issues raised during County review.
The final development plans shall address such issues.
4. Any BESS for which a development plan is required shall also require a development
agreement. All pre development and development agreements between the developer
and/or applicant and the County shall be written, accepted and executed by the Board of
County Commissioners before any final administrative or County Commission action can be
granted to include any construction phase or permitting. Each agreement may include
phasing, public and private infrastructure obligations, third-party review and inspection
reimbursement, monitoring and reporting, performance standards, financial security,
default, cure, suspension, revocation, withholding of permits or certificates of occupancy,
indemnity, and other remedies reasonably related to the approved development.
5. County approval under these criteria and standards is for land use, development-plan, and
local safety approval only. County approval does not authorize interconnection,
energization, market participation, utility service, wholesale sales, retail sales, transmission
service, or compliance with any other non-County federal, state, or local law, regulation, or
requirement.

Page 19 of 87

B. Definitions
1. BATTERY ENERGY STORAGE SYSTEM (BESS) — Battery Energy Storage System or BESS
means one or more batteries and associated devices, facilities, buildings, containers,
modules, inverters, transformers, controls, safety systems, collection lines, communication
equipment, access roads, and other associated equipment assembled or used together to
receive, store, manage, and discharge electrical energy for later use or delivery. A BESS is
classified as Tier 1, Tier 2, or Tier 3. A BESS does not include batteries that are installed in,
packaged with, or used solely to power consumer products, household appliances, power
tools, lawn and garden equipment, personal electronics, medical devices,
telecommunications equipment, other portable devices, motor vehicles, mobility devices,
lawn equipment, construction equipment, or similar devices, provided that such batteries
are used in the ordinary manner intended by the manufacturer and are not installed,
combined, aggregated, or operated as part of a stationary BESS.
2. BATTERY — A single cell or a group of cells connected electrically in series, in parallel, or a
combination of both, which can charge, discharge, and store energy electrochemically.
3. APPLICANT — The person or entity that submits an application for a Special Use Permit for a
BESS under these criteria and standards.
4. CELL — The basic electrochemical unit, characterized by an anode and a cathode, used to
receive, store, and deliver electrical energy.
5. COMMERCIAL OPERATION DATE (COD) — The date on which the BESS first charges,
discharges, or provides energy, capacity, ancillary services, reliability services, demand
management, backup power, or other commercial service after receiving all required County
approvals and applicable utility permission to operate.
6. COMMISSIONING — A systematic process that provides documented confirmation that a
battery energy storage system functions according to the intended design criteria and
complies with applicable code requirements.
7. DEDICATED-USE BUILDING — A building that is built for the primary purpose of housing
BESS equipment and which is classified as moderate-hazard factory industrial (Group F-1)
occupancy as defined in the International Building Code.
8. OPERATOR — The person or entity that holds an approved Special Use Permit for a BESS
under these criteria and standards. Upon approval of an SUP, the Applicant becomes the
Operator for purposes of ongoing operational, compliance, maintenance, decommissioning,
and restoration requirements. Upon an approved transfer, the transferee becomes the
Operator.
9. TIER 1 BESS — A BESS with aggregate energy capacity less than or equal to 80 kWh and, if in
a room or enclosed area, consisting of only a single energy storage system technology.
10. TIER 2 BESS — A BESS with an aggregate energy capacity less than or equal to 600 kWh and
which is not a Tier 1 BESS.

Page 20 of 87

11. TIER 3 BESS — A BESS that is not Tier 1 or Tier 2.
C. Key Issues. The issues to be addressed in a development plan, if required, shall include, but are
not limited to:
1. Cumulative Impact;
2. Decommissioning/Restoration;
3. Electromagnetic Interference;
4. Endangered Species;
5. Financial Security Agreement;
6. Infrastructure;
7. Land Use;
8. Lighting;
9. Native Vegetation and Weeds;
10. Noise;
11. Public Health and Safety;
12. Soil Erosion;
13. Visual Impact;
14. Water Quality; and
15. Wildlife Habitat
C. Area to be Included. Any BESS Special Use Permit shall encompass the entire perimeter of the
proposed BESS, including all supporting BESS improvements and infrastructure.
D. Permitting Requirements for BESS; Compliance with County Codes.
1. Tier 1 BESS shall be permitted as an accessory use in all zoning districts, subject to
compliance with the Zoning Code, applicable building, electrical, fire, and propertymaintenance codes, and any required administrative BESS permit.
a. Tier 1 BESS shall comply with the setback requirements applicable to accessory
structures in the zoning district in which they are located, unless a more specific
setback is required by applicable building, electrical, or fire code.
b. Tier 1 BESS do not require an SUP, but may require a development plan or site plan
review unless the Tier 1 BESS is part of a larger project that independently requires
such approval, or if site-specific conditions require additional review under
otherwise applicable County regulations.
2. All Tier 2 or Tier 3 BESS are subject to the following.

Page 21 of 87

a. The project must receive an approved SUP. Reference is made to Article 22 of the
County Zoning and Subdivision Regulations relating to Special Use Permits and
Temporary Use Permits.
i.

A BESS may be permitted in all zoning districts subject to the Zoning Code.

ii. A BESS may be permitted only upon specific findings that the BESS is
compatible with surrounding uses, satisfies all setback and safety
requirements, protects non-participating residences and occupied
community buildings, and will not materially impair the public health,
safety, or welfare. The Planning Commission and the Board of County
Commissioners may consider any factor as set forth in Article 22, Section 6
of the County Zoning and Subdivision Regulations.
iii. The BESS project must meet the requirements of the principal building
within the zoning district in which it is located.
iv. Notwithstanding the foregoing, BESS that are accessory to a permitted
principal use and are under 2,000 square feet of total area dedicated to the
use do not require a special use permit, unless located within 200 feet of a
residential use or zone; however, such systems are subject in all respects to
the requirements of these criteria and standards whether or not there is a
special use permit.
b. The project shall be subject to site plan review.
i.

Site plan review may be waived for Tier 2 BESS at the discretion of the
Planning and Zoning Director.

Page 22 of 87

b. The study shall be prepared by a qualified acoustical professional and shall evaluate
tonal, low-frequency, and cumulative project noise at the nearest non-participating
property line, non-participating residence, and occupied community building.
2. Soundproofing. For BESS on property adjacent to property with existing residential
development, an approved development plan or plat showing residential development, or a
zoning district permitting residential uses, any mechanical equipment located on the
property, whether on a rooftop, at ground level, or elsewhere on the exterior of the
property, must be screened on all four sides by an acoustical barrier. Such barrier shall be an
exterior solid or louvered wall containing soundproofing materials designed to absorb noise
and protect neighboring properties from noise pollution.
3. Tonal analysis.
a. Project only noise levels shall be determined through the predictive sound level
modeling and incorporated into the development plan process and included as part
of the final development plan submittal.
b. Field verification of post development noise levels will be required as a condition of
approval of any Special Use Permit issued under this article. Should additional sound
reduction be required as a remedial action to field conditions, it shall be at the
discretion of the Authority Having Jurisdiction (AHJ) and added as an addendum to
the conditions of approval for the site.
4. The BESS shall not exceed the more stringent of the County’s applicable zoning-district noise
limit, the approved noise study limit, or any condition imposed by the Board of County
Commissioners .
a. Post-construction sound measurements shall be taken under representative
operating conditions and shall be submitted to the Planning and Zoning Director.
b. In no event may post-development levels exceed 65 dBA at the property line.
c. If the required study cannot prove an absence of tonal content in a developed
condition, a decrease of 10 dBA in the maximum project sound level or other
appropriate adjustments will be required.
F. Special Use Permit Standards.
1. Dimensional criteria. Lot size requirements for the applicable zoning district where the
battery energy storage system is located shall be followed; the minimum setback for all
yards is 100 feet; yard setbacks shall be 300 feet if adjacent property is zoned or used for
residential purposes; and the required minimum width of access or frontage roads on the
property shall be not less than 20 feet and constructed of dustless paving materials.
2. Fencing requirements. Unless housed in a dedicated-use building, Tier 3 BESS, including all
mechanical equipment, shall be enclosed by a minimum eight-foot fence with security or
anti-scaling components and a self-locking, self-closing gate to prevent unauthorized access.

Page 23 of 87

3. Screening and visibility. Tier 2 and Tier 3 BESS shall be screened from view from adjacent
properties in residential zoning districts. Screening may consist of architectural features,
earth berms, walls, fencing, landscaping, or other methods that harmonize with the
character of the property and surrounding area. All screening elements, barriers, and
exterior BESS enclosures shall be earthen in tone and harmonize with the surrounding area.
Exterior BESS enclosures shall be architecturally compatible with the surrounding
constructed environment.
a. Landscaping buffer. A minimum 25-foot landscaping buffer shall be required along
all sides for all Tier 3 BESS.
b. Optional barriers. In addition to required screening, a BESS facility may install a
barrier for all or a portion of a BESS for noise mitigation, visual screening, and/or
security, as shown on an approved development plan.
4. Engineering review. Engineering review shall be required for all Tier 2 and Tier 3 BESS. The
applicant shall pay review costs before any permit is issued.
5. Architectural elevations. Architectural elevations of the BESS enclosures shall be submitted
with the preliminary development plan.
6. Stacking of enclosures. There shall be no stacking of individual BESS enclosures.
7. Chemical risks. The Applicant or Operator shall disclose battery chemistry, electrolyte
composition, safety data sheets, fire-suppression agents, hazardous materials, toxic or
corrosive gas risks, heavy metal risks, spill-control measures, hazardous-waste
classifications, and post-incident cleanup procedures. The Board may prohibit or condition a
chemistry, material, or fire-suppression agent where necessary to protect public health,
safety, welfare, or environmental resources based on the record, applicable codes, and the
recommendations of staff.
8. Hazardous materials. Hazardous materials located on the premises, including any hazardous
lubricants, shall be stored and transported in accordance with all state and federal
regulations.
9. Inspection. At any time, the County Commissioners may direct the Administrator and/or a
designated person to field inspect a BESS special use project to determine current
compliance with required conditions.
G. Site Plan Application Requirements.
For a Tier 2 or 3 battery energy storage system requiring site plan approval, the applicant's
submission shall include those items required in the Leavenworth County Zoning Regulations as
may be applicable, as well as identification of the foundation type that will be utilized for the
battery energy storage system facilities in a code footprint, fire suppression designs, an
emergency operations plan, a photometric plan, a stormwater runoff/detention and drainage
plan, a site-specific hydrology study, and a statement identifying applicable state or federal
environmental permits or any other necessary state or federal permits or regulations and

Page 24 of 87

assurance of compliance or copies of said permits if available, in addition to the typical site plan
requirements.
H. Additional Requirements for Tier 2 and 3 Battery Energy Storage Systems.
1. Utility lines and electrical circuitry.
a. All on-site utility lines interconnecting individual enclosures of a BESS system shall
be placed underground in appropriate conduits to the maximum extent feasible and
as permitted by the serving utility. An exception may be made for the main service
connection at the utility company right-of-way and new interconnection equipment.
All electrical lines and circuitry must comply with the National Electrical Code (NEC),
National Fire Protection Association (NFPA), and fire codes pertaining to battery
energy storage systems as may currently be in effect and adopted by Leavenworth
County, the State of Kansas, or the responding fire agency.
b. A BESS shall have, among other equipment, a battery management system, gas, and
fire detection devices, and be installed in accordance with NFPA 70 and with NFPA
Standard 855 for installation of stationary energy storage systems or the equivalent
or higher standard in existence at the time.
2. Signage.
a. The signage shall be in compliance with ANSI Z535 and shall include the type of
technology associated with the battery energy storage systems, any special hazards
associated, the type of fire suppression system installed in the area of battery
energy storage systems, and 24-hour emergency contact information, including a
call-back phone number.
b. As required, disconnect and other emergency shutoff information shall be clearly
displayed on a light-reflective surface. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers and
substations.
3. Lighting. All lighting associated with battery energy storage systems shall be limited to that
minimally required for safety, security, and operation of the facility and in accordance with
the approved photometric plan.
4. Vegetation and tree cutting. The Applicant shall submit and maintain a vegetationmanagement and combustible-materials-control plan. The plan must maintain defensible
space around BESS equipment in accordance with the applicable fire code, NFPA 855,
manufacturer requirements, the approved HMA, and the approved development plan, and
must identify inspection frequency, mowing or grazing methods, herbicide practices if any,
removal of combustible waste and debris, and procedures for preserving required screening
while maintaining fire safety. Removal of trees should be minimized to the maximum extent
possible and is only permitted in association with an approved development plan or other
applicable permits.

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5. One-line electric diagram. A one-line electric diagram detailing the battery energy storage
system layout, associated components, and electrical interconnection methods, with all NEC
compliant disconnects and overcurrent devices, shall be required at the time of a Special
Use Permit application.
6. Dedicated-use building requirements. A dedicated-use building shall comply with the
following:
a. No other occupancy types are permitted in the building.
b. Occupants in the rooms and areas containing battery energy storage systems are
limited to personnel that operate, maintain, service, test, and repair the battery
energy storage system and other energy systems.
c. Administrative and support personnel are permitted in areas within the buildings
that do not contain battery energy storage systems provided the following:
i.

The areas do not occupy more than 10% of the building area of the story in
which they are located.

ii. A means of egress is provided from the administrative and support use
areas to the exterior of the building that does not require occupants to
traverse through areas containing battery energy storage systems or other
energy system equipment.
7. UL Certification. All equipment or materials and enclosures shall be integrated and UL
certified offsite to ensure the highest level of performance for the intended design. The use
of any non-UL equipment in the battery energy storage system must be pre-approved by
Leavenworth County.
I.

Contents of BESS Development Plan.
1. General Introduction.
a. The Development Plan shall be written in a style that is easily understood by the
general reader.
i.

Technical terminology shall be avoided as much as possible.

ii. Detailed technical data, statistics, and supplementary information required
to support the main text is to be included as appendices.
iii. All sources of information are to be referenced and must be current.
iv. Information presented in the form of maps, diagrams, or plans is preferred
as it is generally easier to understand.
b. The Applicant shall pay to the County a fee established by the adopted fee schedule
upon filing the Special Use Permit.

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c. Close consultation with the Leavenworth County Planning and Zoning Director
during preparation of the Development Plan is highly recommended.
i.

The Leavenworth County Zoning Director may be contacted at the
Leavenworth County Courthouse, 300 Walnut St., Room 212, Leavenworth,
KS.

ii. More than one draft may be required before it is considered suitable for
presentation to the Planning Commission.
d. Leavenworth County reserves its right to determine further studies that may impact
project sites or surrounding uses. Any such studies shall be accomplished through a
third party, financed by the applicant and subject to the review and acceptance of
the Planning Commission and BOCC of Leavenworth County.
e. If approved, the Special Use shall encompass all property within the perimeter of
the proposed BESS site.
i.

Applicant must provide proof of ownership or lease agreements with
landowners within the project area.

ii. Applicant must provide the names and addresses of all landowners within
the BESS project area and all landowners within 1,000 feet of the exterior
perimeter of the BESS area.
iii. Notice of hearing on the Development Plan shall be sent by the Planning
and Zoning Department to all such landowners by first class mail and shall
be published once in the official County newspaper.
iv. At least 20 days shall elapse between the date of the last publication and
the date set for the public hearing.
f. Nothing in the approval of the Special Use shall impose any liability or duty
whatsoever on Leavenworth County or any of its agencies, including, but not limited
to any liability for taxes, wages, or any other employee benefits for any person or
entity. Contractors, suppliers, or consultants accepting and relying on documents,
materials, and other information from the Applicant or Operator will do so on their
own responsibility and at their risk.
2. Topographical Map.
a. A topographical map with contours at intervals of 2 feet at a 1:200 Scale showing
the locations of the following features: (U.S.G.S. Scale)
i.

Lot lines for each parcel under separate ownership included in the proposed
BESS area and within 1,000 feet of its boundaries, together with a key
identifying the owner of each parcel by owner name and CAMA parcel
number.

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ii. All residential buildings and ownership within the boundaries of the
proposed BESS and within 1,000 feet of the exterior perimeter of the BESS
area.
b. All public roads within the BESS area and within 1,000 feet of the exterior perimeter
of the BESS area. The access points to the public roads to be used for both the
construction and the operation phases of the project shall be designated. Bonding
may be required to protect public improvements at the discretion of the Public
Works Director.
i.

ALTA Surveys to include Utility lines and pipelines within the BESS area must
be provided as part of the PDP prior to construction.

ii. Proposed setbacks of all other structures from the BESS boundary lines.
iii. Boundaries of any 100-year floodplain as identified on the National Flood
Insurance Program maps for Leavenworth County.
iv. Location of all transformers, substations, connecting power lines and other
structures to be used as part of the operation of the project (including the
dimensions of such structures). Any changes in location of structures must
comply with the setback rules herein. Applicant will notify County in writing
of any plan or location changes prior to commencement of construction. All
on-site improvements must be in general compliance with the approved
PDP.
3. Term of Commercial Operation.
a. The term of permit recommendation shall be limited to the period of the expected
useful life of the BESS, as calculated from the Commercial Operation Date (COD)
unless a shorter term is imposed based on project-specific finding.
b. The Board of County Commissioners must approve any time extension of the
approved Special Use.
c. Substantial changes to an approved Special Use will require a new development
plan and submittal for SUP approval.
4. Wildlife and Wetlands. Applicant shall comply with all requirements provided by law and
obtain all permits required by the U. S. Fish and Wildlife Service (USF&WS), the Kansas
Department of Wildlife, Parks, and Tourism (KDWP&T), the Natural Resources Conservation
Service (NRCS) and the Farm Service Agency (FSA) regarding the protection of wildlife and
wetlands.
5. General Construction Document Requirements. Applicant shall provide a general description
of major components of the BESS and associated facilities to the point of interconnection
including draft specifications, transmission lines and accessory facilities such as control
rooms, transformers, inverters, substations, maintenance facilities, underground

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infrastructure, and interior access roads. Construction documents will be signed and sealed
by a licensed Kansas Professional Engineer.
6. Soil Erosion Sediment Control and Storm Water Runoff. Applicants shall prepare and provide
to the County a KDHE approved Storm Water Pollution Prevention Plan for all construction
sites prior to building permit issuance.
7. Fire Safety and Emergency Response Guide.
a. The applicant shall coordinate with local emergency responders including the fire
department and Emergency Management on an emergency response guide (the
ERG).
b. Such plan must be approved the Emergency Management Director and developed
per NFPA standards and guidance.
c. A draft of the ERG shall be submitted with the Preliminary Development Plan.
d. The ERG shall include, at a minimum, these elements:
i.

The ERG shall include a Fire Safety and Emergency Plan identifying the
potential fire risk associated with the project including both prescribed
burning and non-prescribed burning. The plan shall address fire originating
within the site, fires escaping from the site, and potential effects of fire
originating from outside the site.

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with NFPA guidelines and include necessary submittals to applicable
authorities having jurisdiction.
v. The ERG shall ensure that personnel are properly trained and prepared for
emergency situations. The applicant at its expense, shall provide training to
local emergency responders including the local fire department prior to the
commencement of operations and provide said training annually thereafter.
8. Ground Water Resources. Applicants must notify County of any risks it finds to ground water
aquifers in connection with the construction of a BESS project and all mitigation measures
the applicant proposes to utilize to mitigate such risk.
9. Air Quality. Applicants shall submit a plan to control dust on roads which will be used during
construction, which plan shall be a part of the Road Maintenance Agreement required
below.
10. Land Use and Development. Applicant shall identify potential constraints or benefits the
BESS may place on the current or future use of the land within the project property and the
surrounding area. The extent of any impact due to public health and safety risks shall be
specifically addressed, and the effects on the following activities shall also be addressed:
a. Existing or proposed tourist or recreational activities including hunting and fishing;
b. Agricultural activities;
c. Residential activities;
d. Commercial activities; and
e. Industrial activities.
11. Bibliography. The Development Plan shall provide a bibliography of the authorities
consulted and documents relied on in completing the Development plan.
12. Appendices. All Detailed technical information that supports the Development Plan shall be
included in the appendices. The features of the appendices shall be included in the main
body of the Development Plan.
J.

Prerequisites to Construction Under an Approved Special Use.
1. Decommissioning Agreement. A Decommissioning Agreement as described in Section L
below must be approved and accepted by the Board of County Commissioners before any
construction begins.
2. Road Maintenance Agreement.
a. Transportation routes used for construction shall be coordinated with the
Leavenworth County Public Works Director.
b. Leavenworth County may require Applicant to provide and pay for an independent
study of all or some of the roads, bridges, and culverts over which equipment for

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the BESS will travel during the construction phase to determine the ability of said
roads, bridges, and culverts to withstand the expected traffic.
c. A Road Maintenance Agreement by which the Applicant assumes financial
responsibility for infrastructure improvements needed for construction and repair
for infrastructure damages caused by construction must be entered into by the
Applicant and by the Board of County Commissioners before any construction
begins.
d. Applicant shall be held liable for any damages to County roads or rights of way
resulting from construction, deconstruction, and /or maintenance activities.
3. Plume Modeling:
a. The applicant may be required to provide a plume modeling and dispersion study
report using prudent industry standards and completed by a third party with
expertise in the field of plume modeling and dispersion.
b. The modeling shall evaluate facility design, equipment technology, metrology,
topography, nearby structures, and suppression techniques.
4. Hazard Mitigation Analysis:
a. The applicant shall provide a hazard mitigation analysis (the HMA) by evaluating
potential energy system failure modes and the safety related consequences related
to the failure modes.
b. At a minimum the HMA will assess the implications of failure modes required by
NFPA and the IFC.
c. Facility design will be evaluated against these failure modes to verify the
appropriate mitigation has been incorporated to address safety related
consequences.
K. Construction Requirements.
1. Licensed Engineer.
a. A licensed professional structural engineer or certified structural engineering firm
selected by the Applicant and approved by the AHJ shall conduct all inspections on
each BESS with respect to the foundation, structural assembly, mechanical and
electrical aspects of the BESS construction. Documentation regarding each approved
inspection shall be submitted to the Planning and Zoning Director.
b. All expenses of such engineer or engineering firm shall be the responsibility of the
Applicant or Operator. Leavenworth County, its officers, agents, and employees
shall be held harmless from all claims, costs, liabilities, damages or expenses
including costs of suits and fees and expenses for legal services on account of any
damage claimed by any third party, including such claims by agents or employees of
said third party arising from any approval or non-approval of any inspection.

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2. Site Clearance. Site clearance and preparation shall be conducted in accordance with law
and applicable landowner agreements.
3. Field Representative.
a. Prior to the start of and continuously throughout the construction and site
restoration, the Applicant (or, following SUP approval, the Operator) shall designate
a field representative responsible for overseeing compliance with the conditions of
the Special Use.
b. Such representative shall be accessible by telephone during normal business hours.
The address, phone number, and emergency phone number of such representative
shall be provided to the Emergency Managements Director, Planning and Zoning
Director, and 911 Emergency Services.
c. The Operator shall notify the Emergency Management Director, Planning and
Zoning Director, and 911 Emergency Services of any change in contact information.
4. Cleanup.
a. The Operator shall remove all waste and scrap that is the product of construction,
operation, restoration, and maintenance from the site and properly dispose of it
upon the completion of each task.
b. Any land restoration shall be done in a manner that is consistent with the terms of
any lease agreement executed between the Operator and the landowner.
5. Fire Inspection.
a. No Tier 2 or Tier 3 BESS may not be energized or placed in commercial operation
until the Fire Code Official or other AHJ has completed and approved a preenergization inspection confirming compliance with the approved plans, applicable
fire code, NFPA 855, emergency access requirements, signage, fire detection, gas
detection, fire-suppression or fire-control measures, remote monitoring, and
emergency-response documentation.
b. The Operator shall submit to periodic inspections by the County, Fire Code Official,
Emergency Management Director, or their designees at least annually, after any
material modification or augmentation, and after any extraordinary event.
6. Commissioning Report. Before commercial operation, the Applicant shall submit a
commissioning report signed by a qualified professional confirming that the BESS was
installed, tested, commissioned, and is capable of operation in accordance with the
approved plans, equipment listings, fire-code approvals, utility interconnection
requirements, and manufacturer requirements.
L. Decommissioning, Restoration, and Financial Security.
1. Decommissioning Agreement.

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a. The Applicant shall enter into a Decommissioning Agreement with the Board of
County Commissioners before any construction begins.
b. The Decommissioning Agreement shall provide assurance for the decommissioning
of the BESS in accordance with an agreed Decommissioning Plan upon the
termination or abandonment of BESS operations. The Applicant shall submit an
escrow account, surety bond, insurance policy, or other suitable financial security
acceptable to the County.
c. The Decommissioning Agreement may allow reasonable adaptive reuse of the BESS
in lieu of decommissioning all or part of the BESS. The Board of County
Commissioners must consent to any such adaptive reuse.
d. Compliance with the Decommissioning Agreement shall, at all times, be a condition
of the Special Use Permit.
e. The Decommissioning Agreement, or an abstract thereof, shall be recorded.
f. The Decommissioning Agreement shall specify a procedure for updating the
Decommissioning Plan every five (5) years, including updating estimated
decommissioning costs.
2. Decommissioning Plan
a. The Plan shall provide for the decommissioning of the site within eighteen (18)
months of the abandonment or termination of BESS operations, including the
termination of the SUP.
b. The Plan shall provide for removal of all above-ground equipment. This may include
batteries, containers, transformers, inverters, collection lines, hazardous materials,
and other BESS equipment.
c. The Plan shall provide for removal of foundations and pads to a depth of at least 4
feet below grade. The excavations shall be refilled with soil which is reasonably
similar in quality, structure, and fertility to that of the original excavation, and which
is to the landowner's satisfaction.
d. The Plan may provide for retention of fencing, roads, stormwater facilities, or other
improvements to real estate if agreed to by the landowner and allowed in the
Zoning District. Otherwise, the Plan shall provide for removal of such improvements.
e. The Plan shall specify recycling, reuse, transport, disposal, and waste-handling
procedures.
f. The Plan shall provide site restoration standards to restore the site, as near as
possible, to its pre-BESS topography and topsoil quality.
g. The Plan shall provide estimated decommissioning costs prepared by a qualified
independent third party, and which must account for inflation. Estimated
decommissioning costs shall not be offset by any estimates for recycling or salvage

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value. Failure to maintain required financial security is a violation of the Special Use
Permit and grounds for suspension, enforcement, or revocation to the extent
allowed by law.
3. Abandonment.
a. A BESS is abandoned if it has not charged, discharged, or provided an approved
commercial or reliability service for six (6) consecutive months and the Operator has
not submitted a commercially reasonable restoration, repair, repowering, or
recommissioning plan accepted by the Board.
b. Temporary outage, force majeure, utility-directed curtailment, market suspension,
maintenance, repair, or replacement do not constitute abandonment if the
Operator maintains the site, insurance, emergency contacts, and financial security
and provides periodic status reports to the County.
c. The County may send a notice of abandonment to the Operator of an abandoned
BESS. Such notice shall be transmitted as specified in the Decommissioning
Agreement.
d. After said notice is sent, the Operator shall be afforded an opportunity, pursuant to
the Decommissioning Agreement, to cure the abandonment, where such cure
period may not exceed six (6) months.
e. If the cure period expires and the BESS remains abandoned, then the Board of
County Commissioners may undertake decommissioning in conformity with the
Decommissioning Agreement.
M. Operational Requirements for BESS Special Uses.
1. Compliance. The Operator shall maintain records of inspections, maintenance, emergency
training, fire-code operational permits (if applicable), battery management system alarms,
material incidents, repairs, augmentations, and changes to operating limits, and shall
provide annual compliance certification to the County.
2. Amendment or Modification. A BESS may be repaired, replaced, or augmented without a
new special-use permit only if the change is substantially consistent with the approved
development plan, remains within the approved security perimeter, does not reduce
approved setbacks, does not materially change battery chemistry or fire risk, and is
preceded by at least 90 days’ written notice and an updated site plan. Any other
augmentation or material modification requires amended development-plan approval and,
if determined by the Board, amendment of the special-use permit.”
3. Hazardous Materials. All hazardous materials located on the premises, including any
lubricants, shall be kept and transported in accordance with all state and federal
regulations.

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4. Visual Impact. The Operator shall take reasonable measures to mitigate specific adverse
visual impacts affecting residences within or immediately adjacent to the BESS Special Use
area.
5. Electromagnetic Interference. The Operator shall comply with applicable FCC, utility, and
interconnection requirements governing electromagnetic interference, communications,
telemetry, and control systems. Depending on site conditions, the Applicant may be
required to conduct a microwave beam path survey.
6. Extraordinary Event Response.
a. Upon an occurrence of an extraordinary event, the Applicant or Operator shall
notify the Emergency Management Director and the Planning and Zoning Director of
such event and, if the event is deemed to be a possible threat to public safety
immediately notify the Leavenworth County Sheriff.
b. Extraordinary events include damaged storage containers, fire, explosion, collectorfeeder line failure, injured worker or citizen, or kills or damages to threatened or
endangered species. In the event of any extraordinary endangered species
mortality, the Applicant or Operator shall notify Kansas Department of Wildlife,
Parks and Tourism and the U.S. Fish and Wildlife Service as required by law.
7. Financial Security. The applicant shall submit and maintain the financial security required
under the Decommissioning Agreement.
N. Transfer of Special Use.
1. The holder of a BESS Special Use Permit shall advise prospective transferees of all
requirements of the BESS Special Use.
2. A transfer fee of $5,000.00 shall be paid to the County to compensate for work related to
the transfer. Such fee shall be tended at the time of the pre-transfer notice.
3. Not later than sixty (60) days before any transfer of ownership, operator control, or
controlling interest, the proposed transferor and transferee shall notify the Board of County
Commissioners and provide updated owner and operator information, emergency contacts,
proof of insurance, proof of financial security, written assumption of all permit conditions,
and updated decommissioning and emergency-response contacts. No transfer of ownership,
Operator control, or controlling interest in a BESS Special Use Permit shall be effective until
approved by the Board of County Commissioners.
4. The transferee shall meet all requirements of the BESS Special Use.
O. Indemnification; Proof of Insurance.
1. The Operator shall indemnify and hold County harmless from and against any and all claims,
demands, suits, and losses to the extent arising out of, relating to, or resulting from or in
connection with the negligent action or omission of the Operator or its contractors or
assigns during the development, construction, or operation of the BESS project located in
Leavenworth County, Kansas. Notwithstanding the foregoing, in no event shall the Operator,
17

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its contractors or assigns (or any of their respective affiliates, members, shareholders,
officers, directors, agents, or employees) be liable for consequential, incidental, indirect,
special, exemplary, or punitive damages.
2. During the construction phase of the project, the Applicant or its main contractor shall, at
their own expense, maintain the following insurance policies:
a. Commercial General Liability Insurance. The Applicant or its main contractor shall
maintain Commercial General Liability Insurance for the BESS project on an
“occurrence” basis, including coverage for: Premises and Operations Liability;
Explosion, Collapse and Underground Damage Liability; Personal Injury Liability;
Broad Form Property Damage Liability; Broad Form Contractual Liability supporting
the Operator’s indemnification agreements in favor of the additional insureds;
Completed Operations and Products Liability for a period of one (1) year following
the date of final completion of the BESS project; and Independent Contractor’s
Protective Liability. Such policy shall have primary coverage limits of One Million
Dollars ($1,000,000.00) for injuries or death to one or more persons or damage to
property resulting from any one occurrence and a Two Million Dollars
($2,000,000.00) aggregate limit.
b. Commercial Automobile Liability Insurance. The Applicant or its main contractor
shall maintain Commercial Automobile Liability Insurance, including coverage for
owned, non-owned, rented, leased, and hired automobiles for both bodily injury
and property damage in accordance with state legal requirements, with a combined
single limit of not less than One Million Dollars ($1,000,000) per accident with
respect to bodily injury, property damage, or death.
c. Umbrella Excess Liability Insurance. The Applicant or its main contractor shall
maintain Umbrella Excess Liability Insurance with a limit of Twenty-Five Million
Dollars ($25,000,000.00) per occurrence and annual aggregate limit of Twenty-Five
Million Dollars ($25,000,000.00) with Completed Operations and Products Liability
coverage, which coverage shall remain in effect for one (1) year after the date of
final completion of the BESS project.
d. Workers’ Compensation and Employer’s Liability Insurance. The Applicant or its
main contractor shall maintain Workers’ Compensation Insurance with statutory
limits (as may be amended from time to time), including Employer’s Liability
Insurance with limits of liability of not less than (i) One Million Dollars
($1,000,000.00) for bodily injury by accident, each accident, (ii) One Million Dollars
($1,000,000.00) for bodily injury by disease, each employee, and (iii) One Million
Dollars ($1,000,000.00) aggregate liability for disease.
3. After construction is complete, during the operational phase of the project, the Operator
shall maintain the insurance policies provided above, except that the limits of the Umbrella
Excess Liability Insurance may be reduced to a lower figure if approved by the Board of
County Commissioners.

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4. The Board of County Commissioners may require the Operator to maintain adequate
pollution legal liability or environmental impairment liability insurance covering, at a
minimum, third-party bodily injury, property damage, cleanup costs, emergency response
costs, transportation-related pollution conditions, disposal-related pollution conditions, firerelated emissions, contaminated runoff, release or threatened release of hazardous
materials, and post-incident investigation, monitoring, remediation, removal, transport,
recycling, and disposal.

Article 19 – Table of Uses

RRR2.5/5 1/2/3/4

B-1

B-2

Rural 1/2 Fam Neigh Lim
Apt
Bus
Bus
Battery Energy
Storage
Systems

B-3

I-1

I-2

I-3

PRMXD
1/2/3

PITD

Gen Lim
Bus Ind

Lite Hvy Plnd
Ind Ind Res
Dis

Mixed Plnd
Plnd Plnd
Comm Ind Ind
Tech

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BATTERY ENERGY STORAGE SYSTEM (BESS)
CRITERIA AND STANDARDS FOR A SPECIAL USE APPLICATION
LEAVENWORTH COUNTY, KANSAS
A. Intent
1. These criteria are intended to address potential issues associated with Battery Energy
Storage Systems (BESS). As potential issues vary with the size of the BESS, such BESS are
categorized herein as Tier 1, Tier 2, or Tier 3.
2. Tier 1 BESS shall be permitted as an accessory use, which does not require a special use
permit (SUP) or a development plan, but may require approval.
3. Tier 2 or Tier 3 BESS shall be permitted only under an SUP and development plan.
a. Such Tier 2 and Tier 3 BESS shall submit to a development plan process, either on a
standalone basis or as part of a broader project for which BESS is an accessory use.
b. A preliminary development plan shall be submitted as part of the SUP application
process.
c. Final development plans that are in general conformance with the approved SUP
and preliminary development plan (PDP) shall be administratively approved prior to
the issuance of the building permit.
d. Additional issues not listed in the SUP and PDP may emerge and be deemed
significant due to studies, public input, or other issues raised during County review.
The final development plans shall address such issues.
4. Any BESS for which a development plan is required shall also require a development
agreement. All pre development and development agreements between the developer
and/or applicant and the County shall be written, accepted and executed by the Board of
County Commissioners before any final administrative or County Commission action can be
granted to include any construction phase or permitting. Each agreement may include
phasing, public and private infrastructure obligations, third-party review and inspection
reimbursement, monitoring and reporting, performance standards, financial security,
default, cure, suspension, revocation, withholding of permits or certificates of occupancy,
indemnity, and other remedies reasonably related to the approved development.
5. County approval under these criteria and standards is for land use, development-plan, and
local safety approval only. County approval does not authorize interconnection,
energization, market participation, utility service, wholesale sales, retail sales, transmission
service, or compliance with any other non-County federal, state, or local law, regulation, or
requirement.

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a. The project must receive an approved SUP. Reference is made to Article 22 of the
County Zoning and Subdivision Regulations relating to Special Use Permits and
Temporary Use Permits.
i.

A BESS may be permitted in all zoning districts subject to the Zoning Code.

Site plan review may be waived for Tier 2 BESS at the discretion of the
Planning and Zoning Director.

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b. The study shall be prepared by a qualified acoustical professional and shall evaluate
tonal, low-frequency, and cumulative project noise at the nearest non-participating
property line, non-participating residence, and occupied community building.
2. Soundproofing. For BESS on property adjacent to property with existing residential
development, an approved development plan or plat showing residential development, or a
zoning district permitting residential uses, any mechanical equipment located on the
property, whether on a rooftop, at ground level, or elsewhere on the exterior of the
property, must be screened on all four sides by an acoustical barrier. Such barrier shall be an
exterior solid or louvered wall containing soundproofing materials designed to absorb noise
and protect neighboring properties from noise pollution.
3. Narrow band frequency analysis and tonalTonal analysis.
a. NoiseProject only noise levels shall be determined through the required
studypredictive sound level modeling and incorporated into the development plan
process and included as part of the final development plan submittal.
b. Field verification of post development noise levels will be required as a condition of
approval of any Special Use Permit issued under this article. Should additional sound
reduction be required as a remedial action to field conditions, it shall be at the
discretion of the Authority Having Jurisdiction (AHJ) and added as an addendum to
the conditions of approval for the site.
4. The BESS shall not exceed the more stringent of the County’s applicable zoning-district noise
limit, the approved noise study limit, or any condition imposed by the Board of County
Commissioners .
a. Post-construction sound measurements shall be taken under representative
operating conditions and shall be submitted to the Planning and Zoning Director.
b. In no event may post-development levels exceed 65 dBA at the property line.
c. If the required study cannot prove an absence of tonal content in a developed
condition, a decrease of 10 dBA in overall site generationthe maximum project
sound level or other appropriate adjustments will be required.
F. Special Use Permit Standards.
1. Dimensional criteria. Lot size requirements for the applicable zoning district where the
battery energy storage system is located shall be followed; the minimum setback for all
yards is 100 feet; yard setbacks shall be 300 feet if adjacent property is zoned or used for
residential purposes; and the required minimum width of access or frontage roads on the
property shall be not less than 20 feet and constructed of dustless paving materials.
2. Fencing requirements. Unless housed in a dedicated-use building, Tier 3 BESS, including all
mechanical equipment, shall be enclosed by a minimum eight-foot fence with security or
anti-scaling components and a self-locking, self-closing gate to prevent unauthorized access.

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The areas do not occupy more than 10% of the building area of the story in
which they are located.

Contents of BESS Development Plan.
1. General Introduction.
a. The Development Plan shall be written in a style that is easily understood by the
general reader.
i.

Technical terminology shall be avoided as much as possible.

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c. Close consultation with the Leavenworth County Planning and Zoning Director
during preparation of the Development Plan is highly recommended.
i.

The Leavenworth County Zoning Director may be contacted at the
Leavenworth County Courthouse, 300 Walnut St., Room 212, Leavenworth,
KS.

Applicant must provide proof of ownership or lease agreements with
landowners within the project area.

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ALTA Surveys to include Utility lines and pipelines within the BESS area must
be provided as part of the PDP prior to construction.

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See Proof on Next Page

Leavenworth Times
832-A N. Main Street, Lansing, KS 66043
(913) 682-0305
State of New Jersey, County of Camden, ss:
I, Edmar Corachia, of lawful age, being duly sworn
upon oath depose and say that I am an agent of
Column Software, PBC, duly appointed and
authorized agent of the Publisher of Leavenworth
Times,a publication that is a "legal newspaper" as
that phrase is defined for the city of Leavenworth, for
the County of Leavenworth, in the state of Kansas,
that this affidavit is Page 1 of 2 with the full text of the
sworn-to notice set forth on the pages that follow, and
that the attachment hereto contains the correct copy
of what was published in said legal newspaper in
consecutive issues on the following dates.
Publication Dates:
Sep 23, 2026
Notice ID: Zzh1vP5woSkyIBZ7T9wP
Notice Name: DEV-26-100
Publication Fee: $23.81
[$signersig]
______________________________ [$seal]
Agent
VERIFICATION
State of New Jersey
County of Camden
Signed or attested before me on this: 09/23/2026
[$date]
[$notarysig]
__________________________________________
Notary Public
Notarized
remotely online using communication technology via Proof.
[$disclosure]

DEV-26-100 | Page 1 of 2

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DEV-26-100 | Page 2 of 2

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Dear Leavenworth County Planning Commission,

Thank you for the opportunity to submit public comment regarding Battery Energy Storage
Systems (BESS) and data center regulations. My name is Ashley Hernandez. I am a resident of
Leavenworth County and active participant in advocating for the well-being of our community. I
am sure you have already received much opposition to the proposed data center, and I am writing
to not only add my voice to that opposition, but to support the exploration of BESS as an
alternative project to generate the revenue that our county needs.
BESS offers a safer and less environmentally and publicly disruptive alternative land use option
to data centers and would serve as a benefit to the Leavenworth community. As you are
hopefully aware, energy costs are continuing to rise and the price hike issued this past year by
Evergy this past year is placing an unbearable burden on residents, especially given the rising
cost of other basic necessities.
BESS also would help maintain grid reliability amidst times that call for increased need for
power such as cases of extreme heat during the summer months or freezing temperatures during
the winter months. I have personally experienced why grid reliability is so important and the
need for energy preparedness. I am from Texas and in February of 2021 we experienced weather
that was completely unprecedented for our state. The power went down across the state due to
the burden our system was under and left many people dead or in dangerous conditions.
Although Kansas is used to experiencing more extreme weather conditions than Texas we should
still be prepared to support our residents through systems like BESS rather than introduce
systems that could place a burden on our energy system and our residents. So my asks to you are
to please remove the moratorium on BESS and reject project proposals for systems like data
centers that provide no benefit to the local community.
Thank you for taking the time to think over these projects and listen to constituent input.

Thank you,

Ashley Hernandez

Page 60 of 87

Good evening. My name is John Shively, and I’m here on behalf of the Sisters of Charity of
Leavenworth Office of Mission. I think everyone in this room wants the same things from
our energy: power families can afford, a grid that stays on when Kansans need it most, and
projects built to keep our neighbors safe. I support the battery storage regulations before
you tonight because they move us toward all three.
Let me start with the regulations themselves. They let Leavenworth County welcome these
projects on our own terms. Large systems must sit at least 300 feet from neighboring
homes, meet national fire safety standards, and operate under an emergency response
plan approved by our emergency management director. The developer pays to train our
firefighters every year and buys any specialized equipment they need. Before construction
begins, the developer must also post financial security to cover full removal and site
restoration, so taxpayers never have to pay for the cleanup. At the same time, homeowners
and farms can install small backup batteries without a special permit. These standards are
rigorous without being a disguised ban. They protect neighbors while leaving room for
responsible projects.
That balance matters, because affordability matters more than ever. Kansas electric rates
remain below the national average, but the trend is moving in the wrong direction. A typical
Evergy Kansas Central bill has risen from about $117 a month a decade ago to about $141
today, and this August, regulators approved another $128 million increase. [1–3]
For us, this isn’t abstract. For years, we have testified before the Kansas Corporation
Commission against rate increases because they hit hardest the Kansans who have the
least. For a senior on a fixed income or a parent working two jobs, a few extra dollars a
month can mean choosing between the electric bill and groceries or medicine. Our Sisters
see those choices every week.
The pressures behind those increases aren’t going away. Demand on our regional grid is
expected to nearly double in the next decade, and fuel costs that swing with national gas
markets land directly on our bills. [2, 4]
Here’s the good news. More than half of the electricity generated in Kansas comes from
wind. [5] It’s homegrown, and it has no fuel bill. The catch is timing: wind often blows
strongest at night, when demand is low, and lightest on hot afternoons, when we need it
most.
Battery storage closes that gap. It captures our own energy when it’s abundant and cheap
and delivers it when demand and prices are highest. That keeps the lights on during the
next heat wave or ice storm. It reduces our reliance on expensive, polluting, gas-fired

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peaker plants and eases the pressure to build new plants that ratepayers would pay for
over decades. That is energy independence in the most practical sense.
At Sisters of Charity of Leavenworth, we believe caring for creation, keeping energy
affordable for our neighbors, and setting reasonable safety standards are not competing
goals. These regulations serve all three. I respectfully urge you to recommend approval.
Thank you.

[1] Kansas Corporation Commission, “Electricity Affordability in a Time of System
Investment,” presentation to the Midwestern Governors Association, April 16, 2026 (Kansas
all-in electric rate 15.48% below the national average at year-end 2025).
https://midwesterngovernors.org/wp-content/uploads/Affordability/Grady-KCC.pdf
[2] Citizens’ Utility Ratepayer Board, “Evergy Kansas Central Residential Rate Component
History,” July 2026 (average monthly bill at 900 kWh: $116.93 in 2016, $140.61 in 2026; fuel
charge: $19.29 in 2022, $30.88 in 2023, $16.83 in 2026).
https://curb.kansas.gov/curb_news/EKCE_Rates26_07072026.pdf
[3] Sunflower State Journal, “State regulators approve $128 million rate increase for Evergy,”
August 6, 2026. https://sunflowerstatejournal.com/state-regulators-approve-128-millionrate-increase-for-evergy/
[4] Axios Kansas City, “The Midwest power grid has a tough, expensive road ahead,” August
6, 2026 (SPP forecast that regional demand will nearly double over the next 10 years).
https://www.axios.com/local/kansas-city/2026/08/06/midwest-power-grid-transmissionsummer-heat-data-centers
[5] U.S. Energy Information Administration, “Kansas State Profile and Energy Estimates”
(wind provided 52% of Kansas net generation in 2024).
https://www.eia.gov/state/analysis.php?sid=KS

Page 62 of 87

RESOLUTION 2026-22
A Resolution of the Board of County Commissioners of Leavenworth County, Kansas amending
Articles 18 and 19 of the 2006 Leavenworth County Zoning and Subdivision Regulations to add
standards for Battery Energy Storage Systems (Case No. DEV-26-100).
WHEREAS, the Leavenworth County Planning Commission, after notice as required by law, held a public
hearing on October 14, 2026 on proposed amendments to Articles 18 and 19 of the 2006 Leavenworth
County Zoning and Subdivision Regulations in Case No. DEV-26-100; and
WHEREAS, the Planning Commission, based on specific findings of fact incorporated by reference,
recommended approval of the amendments by a vote of 7-0; and
WHEREAS, the Board of County Commissioners considered the recommendation of the Planning
Commission in regular session on October 21, 2026.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Leavenworth County,
Kansas:
Section 1. Adoption of Recommendation. The Board adopts the recommendation and findings of fact of the
Planning Commission in Case No. DEV-26-100.
Section 2. Amendment of Article 18. Article 18, Planned Zoning Districts, of the 2006 Leavenworth County
Zoning and Subdivision Regulations is amended by adding Section 6.6, Battery Energy Storage Systems, as
set out in Exhibit A, which is attached and incorporated by reference.
Section 3. Amendment of Article 19. Article 19, Table of Uses, of the 2006 Leavenworth County Zoning
and Subdivision Regulations is amended by adding the following use:

Battery
Energy
Storage
Systems

RR- R2.5/5 1/2/3/4
Rural 1/2
Fam
Apt
S

B-1

B-2

B-3

I-1

I-2

I-3

PR- MXD
1/2/3
Neigh Lim Gen Lim Lite Hvy Plnd Mixed
Bus
Bus Bus Ind Ind Ind Res
Dis
S
S
S
S
S
S
S

PITD

Plnd
Plnd Plnd
Comm Ind Ind
Tech
S
S
S

Section 4. Effective date. This resolution takes effect upon publication in the official county newspaper.
Adopted this 21st day of October, 2026
Board of County Commission
Leavenworth, County, Kansas
______________________________
Mike Smith, Chairman
Page 1 of 2

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ATTEST

______________________________
Jeff Culbertson, Member

____________________________
Fran Keppler

______________________________
Vanessa Reid, Member
______________________________
Willie Dove, Member
______________________________
Mike Stieben, Member

Page 2 of 2

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Exhibit A
Article 18 – Planned Zoning Districts
Section 6.6 Battery Energy Storage Systems
A. Intent
1. These criteria are intended to address potential issues associated with Battery Energy
Storage Systems (BESS). As potential issues vary with the size of the BESS, such BESS are
categorized herein as Tier 1, Tier 2, or Tier 3.
2. Tier 1 BESS shall be permitted as an accessory use, which does not require a special use
permit (SUP) or a development plan, but may require approval.
3. Tier 2 or Tier 3 BESS shall be permitted only under an SUP and development plan.
a. Such Tier 2 and Tier 3 BESS shall submit to a development plan process, either on a
standalone basis or as part of a broader project for which BESS is an accessory use.
b. A preliminary development plan shall be submitted as part of the SUP application
process.
c. Final development plans that are in general conformance with the approved SUP
and preliminary development plan (PDP) shall be administratively approved prior to
the issuance of the building permit.
d. Additional issues not listed in the SUP and PDP may emerge and be deemed
significant due to studies, public input, or other issues raised during County review.
The final development plans shall address such issues.
4. Any BESS for which a development plan is required shall also require a development
agreement. All pre development and development agreements between the developer
and/or applicant and the County shall be written, accepted and executed by the Board of
County Commissioners before any final administrative or County Commission action can be
granted to include any construction phase or permitting. Each agreement may include
phasing, public and private infrastructure obligations, third-party review and inspection
reimbursement, monitoring and reporting, performance standards, financial security,
default, cure, suspension, revocation, withholding of permits or certificates of occupancy,
indemnity, and other remedies reasonably related to the approved development.
5. County approval under these criteria and standards is for land use, development-plan, and
local safety approval only. County approval does not authorize interconnection,
energization, market participation, utility service, wholesale sales, retail sales, transmission
service, or compliance with any other non-County federal, state, or local law, regulation, or
requirement.
B. Definitions
1. BATTERY ENERGY STORAGE SYSTEM (BESS) — Battery Energy Storage System or BESS
means one or more batteries and associated devices, facilities, buildings, containers,
modules, inverters, transformers, controls, safety systems, collection lines, communication

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Exhibit A
equipment, access roads, and other associated equipment assembled or used together to
receive, store, manage, and discharge electrical energy for later use or delivery. A BESS is
classified as Tier 1, Tier 2, or Tier 3. A BESS does not include batteries that are installed in,
packaged with, or used solely to power consumer products, household appliances, power
tools, lawn and garden equipment, personal electronics, medical devices,
telecommunications equipment, other portable devices, motor vehicles, mobility devices,
lawn equipment, construction equipment, or similar devices, provided that such batteries
are used in the ordinary manner intended by the manufacturer and are not installed,
combined, aggregated, or operated as part of a stationary BESS.
2. BATTERY — A single cell or a group of cells connected electrically in series, in parallel, or a
combination of both, which can charge, discharge, and store energy electrochemically.
3. APPLICANT — The person or entity that submits an application for a Special Use Permit for a
BESS under these criteria and standards.
4. CELL — The basic electrochemical unit, characterized by an anode and a cathode, used to
receive, store, and deliver electrical energy.
5. COMMERCIAL OPERATION DATE (COD) — The date on which the BESS first charges,
discharges, or provides energy, capacity, ancillary services, reliability services, demand
management, backup power, or other commercial service after receiving all required County
approvals and applicable utility permission to operate.
6. COMMISSIONING — A systematic process that provides documented confirmation that a
battery energy storage system functions according to the intended design criteria and
complies with applicable code requirements.
7. DEDICATED-USE BUILDING — A building that is built for the primary purpose of housing
BESS equipment and which is classified as moderate-hazard factory industrial (Group F-1)
occupancy as defined in the International Building Code.
8. OPERATOR — The person or entity that holds an approved Special Use Permit for a BESS
under these criteria and standards. Upon approval of an SUP, the Applicant becomes the
Operator for purposes of ongoing operational, compliance, maintenance, decommissioning,
and restoration requirements. Upon an approved transfer, the transferee becomes the
Operator.
9. TIER 1 BESS — A BESS with aggregate energy capacity less than or equal to 80 kWh and, if in
a room or enclosed area, consisting of only a single energy storage system technology.
10. TIER 2 BESS — A BESS with an aggregate energy capacity less than or equal to 600 kWh and
which is not a Tier 1 BESS.
11. TIER 3 BESS — A BESS that is not Tier 1 or Tier 2.
C. Key Issues. The issues to be addressed in a development plan, if required, shall include, but are
not limited to:
1. Cumulative Impact;
2

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Exhibit A
2. Decommissioning/Restoration;
3. Electromagnetic Interference;
4. Endangered Species;
5. Financial Security Agreement;
6. Infrastructure;
7. Land Use;
8. Lighting;
9. Native Vegetation and Weeds;
10. Noise;
11. Public Health and Safety;
12. Soil Erosion;
13. Visual Impact;
14. Water Quality; and
15. Wildlife Habitat
D. Area to be Included. Any BESS Special Use Permit shall encompass the entire perimeter of the
proposed BESS, including all supporting BESS improvements and infrastructure.
E. Permitting Requirements for BESS; Compliance with County Codes.
1. Tier 1 BESS shall be permitted as an accessory use in all zoning districts, subject to
compliance with the Zoning Code, applicable building, electrical, fire, and propertymaintenance codes, and any required administrative BESS permit.
a. Tier 1 BESS shall comply with the setback requirements applicable to accessory
structures in the zoning district in which they are located, unless a more specific
setback is required by applicable building, electrical, or fire code.
b. Tier 1 BESS do not require an SUP, but may require a development plan or site plan
review unless the Tier 1 BESS is part of a larger project that independently requires
such approval, or if site-specific conditions require additional review under
otherwise applicable County regulations.
2. All Tier 2 or Tier 3 BESS are subject to the following.
a. The project must receive an approved SUP. Reference is made to Article 22 of the
County Zoning and Subdivision Regulations relating to Special Use Permits and
Temporary Use Permits.
i.

A BESS may be permitted in all zoning districts subject to the Zoning Code.

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Exhibit A
ii. A BESS may be permitted only upon specific findings that the BESS is
compatible with surrounding uses, satisfies all setback and safety
requirements, protects non-participating residences and occupied
community buildings, and will not materially impair the public health,
safety, or welfare. The Planning Commission and the Board of County
Commissioners may consider any factor as set forth in Article 22, Section 6
of the County Zoning and Subdivision Regulations.
iii. The BESS project must meet the requirements of the principal building
within the zoning district in which it is located.
iv. Notwithstanding the foregoing, BESS that are accessory to a permitted
principal use and are under 2,000 square feet of total area dedicated to the
use do not require a special use permit, unless located within 200 feet of a
residential use or zone; however, such systems are subject in all respects to
the requirements of these criteria and standards whether or not there is a
special use permit.
b. The project shall be subject to site plan review.
i.

Site plan review may be waived for Tier 2 BESS at the discretion of the
Planning and Zoning Director.

ii. Where a BESS will be located within 200 feet of a residential use or zone,
additional screening may be required and approved via the site plan
approval process.
iii. Unless approved by a separate development plan in a planned district and
accessory to a primary use, location and size will be determined by the
development plan associated with the project.
3. All BESS, irrespective of the location or tier, shall comply with all applicable codes (building,
fire, property, etc.) as may currently be in effect or hereafter amended in Leavenworth
County.
F. Noise Standards.
1. A Noise Study shall be completed and included as part of a BESS development plan.
a. The study shall include pre-development and post-development tonal analysis in
accordance with ANSI/ASA S12.9; and identification of best management practices
(BMP) and best available technology (BAT) to address study findings.
b. The study shall be prepared by a qualified acoustical professional and shall evaluate
tonal, low-frequency, and cumulative project noise at the nearest non-participating
property line, non-participating residence, and occupied community building.
2. Soundproofing. For BESS on property adjacent to property with existing residential
development, an approved development plan or plat showing residential development, or a
zoning district permitting residential uses, any mechanical equipment located on the
4

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Exhibit A
property, whether on a rooftop, at ground level, or elsewhere on the exterior of the
property, must be screened on all four sides by an acoustical barrier. Such barrier shall be an
exterior solid or louvered wall containing soundproofing materials designed to absorb noise
and protect neighboring properties from noise pollution.
3. Tonal analysis.
a. Project only noise levels shall be determined through the predictive sound level
modeling and incorporated into the development plan process and included as part
of the final development plan submittal.
b. Field verification of post development noise levels will be required as a condition of
approval of any Special Use Permit issued under this article. Should additional sound
reduction be required as a remedial action to field conditions, it shall be at the
discretion of the Authority Having Jurisdiction (AHJ) and added as an addendum to
the conditions of approval for the site.
4. The BESS shall not exceed the more stringent of the County’s applicable zoning-district noise
limit, the approved noise study limit, or any condition imposed by the Board of County
Commissioners .
a. Post-construction sound measurements shall be taken under representative
operating conditions and shall be submitted to the Planning and Zoning Director.
b. In no event may post-development levels exceed 65 dBA at the property line.
c. If the required study cannot prove an absence of tonal content in a developed
condition, a decrease of 10 dBA in the maximum project sound level or other
appropriate adjustments will be required.
G. Special Use Permit Standards.
1. Dimensional criteria. Lot size requirements for the applicable zoning district where the
battery energy storage system is located shall be followed; the minimum setback for all
yards is 100 feet; yard setbacks shall be 300 feet if adjacent property is zoned or used for
residential purposes; and the required minimum width of access or frontage roads on the
property shall be not less than 20 feet and constructed of dustless paving materials.
2. Fencing requirements. Unless housed in a dedicated-use building, Tier 3 BESS, including all
mechanical equipment, shall be enclosed by a minimum eight-foot fence with security or
anti-scaling components and a self-locking, self-closing gate to prevent unauthorized access.
3. Screening and visibility. Tier 2 and Tier 3 BESS shall be screened from view from adjacent
properties in residential zoning districts. Screening may consist of architectural features,
earth berms, walls, fencing, landscaping, or other methods that harmonize with the
character of the property and surrounding area. All screening elements, barriers, and
exterior BESS enclosures shall be earthen in tone and harmonize with the surrounding area.
Exterior BESS enclosures shall be architecturally compatible with the surrounding
constructed environment.

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Exhibit A
a. Landscaping buffer. A minimum 25-foot landscaping buffer shall be required along
all sides for all Tier 3 BESS.
b. Optional barriers. In addition to required screening, a BESS facility may install a
barrier for all or a portion of a BESS for noise mitigation, visual screening, and/or
security, as shown on an approved development plan.
4. Engineering review. Engineering review shall be required for all Tier 2 and Tier 3 BESS. The
applicant shall pay review costs before any permit is issued.
5. Architectural elevations. Architectural elevations of the BESS enclosures shall be submitted
with the preliminary development plan.
6. Stacking of enclosures. There shall be no stacking of individual BESS enclosures.
7. Chemical risks. The Applicant or Operator shall disclose battery chemistry, electrolyte
composition, safety data sheets, fire-suppression agents, hazardous materials, toxic or
corrosive gas risks, heavy metal risks, spill-control measures, hazardous-waste
classifications, and post-incident cleanup procedures. The Board may prohibit or condition a
chemistry, material, or fire-suppression agent where necessary to protect public health,
safety, welfare, or environmental resources based on the record, applicable codes, and the
recommendations of staff.
8. Hazardous materials. Hazardous materials located on the premises, including any hazardous
lubricants, shall be stored and transported in accordance with all state and federal
regulations.
9. Inspection. At any time, the County Commissioners may direct the Administrator and/or a
designated person to field inspect a BESS special use project to determine current
compliance with required conditions.
H. Site Plan Application Requirements.
For a Tier 2 or 3 battery energy storage system requiring site plan approval, the applicant's
submission shall include those items required in the Leavenworth County Zoning Regulations as
may be applicable, as well as identification of the foundation type that will be utilized for the
battery energy storage system facilities in a code footprint, fire suppression designs, an
emergency operations plan, a photometric plan, a stormwater runoff/detention and drainage
plan, a site-specific hydrology study, and a statement identifying applicable state or federal
environmental permits or any other necessary state or federal permits or regulations and
assurance of compliance or copies of said permits if available, in addition to the typical site plan
requirements.
I.

Additional Requirements for Tier 2 and 3 Battery Energy Storage Systems.
1. Utility lines and electrical circuitry.
a. All on-site utility lines interconnecting individual enclosures of a BESS system shall
be placed underground in appropriate conduits to the maximum extent feasible and
as permitted by the serving utility. An exception may be made for the main service
6

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Exhibit A
connection at the utility company right-of-way and new interconnection equipment.
All electrical lines and circuitry must comply with the National Electrical Code (NEC),
National Fire Protection Association (NFPA), and fire codes pertaining to battery
energy storage systems as may currently be in effect and adopted by Leavenworth
County, the State of Kansas, or the responding fire agency.
b. A BESS shall have, among other equipment, a battery management system, gas, and
fire detection devices, and be installed in accordance with NFPA 70 and with NFPA
Standard 855 for installation of stationary energy storage systems or the equivalent
or higher standard in existence at the time.
2. Signage.
a. The signage shall be in compliance with ANSI Z535 and shall include the type of
technology associated with the battery energy storage systems, any special hazards
associated, the type of fire suppression system installed in the area of battery
energy storage systems, and 24-hour emergency contact information, including a
call-back phone number.
b. As required, disconnect and other emergency shutoff information shall be clearly
displayed on a light-reflective surface. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers and
substations.
3. Lighting. All lighting associated with battery energy storage systems shall be limited to that
minimally required for safety, security, and operation of the facility and in accordance with
the approved photometric plan.
4. Vegetation and tree cutting. The Applicant shall submit and maintain a vegetationmanagement and combustible-materials-control plan. The plan must maintain defensible
space around BESS equipment in accordance with the applicable fire code, NFPA 855,
manufacturer requirements, the approved HMA, and the approved development plan, and
must identify inspection frequency, mowing or grazing methods, herbicide practices if any,
removal of combustible waste and debris, and procedures for preserving required screening
while maintaining fire safety. Removal of trees should be minimized to the maximum extent
possible and is only permitted in association with an approved development plan or other
applicable permits.
5. One-line electric diagram. A one-line electric diagram detailing the battery energy storage
system layout, associated components, and electrical interconnection methods, with all NEC
compliant disconnects and overcurrent devices, shall be required at the time of a Special
Use Permit application.
6. Dedicated-use building requirements. A dedicated-use building shall comply with the
following:
a. No other occupancy types are permitted in the building.

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Exhibit A
b. Occupants in the rooms and areas containing battery energy storage systems are
limited to personnel that operate, maintain, service, test, and repair the battery
energy storage system and other energy systems.
c. Administrative and support personnel are permitted in areas within the buildings
that do not contain battery energy storage systems provided the following:
i.

The areas do not occupy more than 10% of the building area of the story in
which they are located.

Contents of BESS Development Plan.
1. General Introduction.
a. The Development Plan shall be written in a style that is easily understood by the
general reader.
i.

Technical terminology shall be avoided as much as possible.

The Leavenworth County Zoning Director may be contacted at the
Leavenworth County Courthouse, 300 Walnut St., Room 212, Leavenworth,
KS.

ii. More than one draft may be required before it is considered suitable for
presentation to the Planning Commission.

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Exhibit A
d. Leavenworth County reserves its right to determine further studies that may impact
project sites or surrounding uses. Any such studies shall be accomplished through a
third party, financed by the applicant and subject to the review and acceptance of
the Planning Commission and BOCC of Leavenworth County.
e. If approved, the Special Use shall encompass all property within the perimeter of
the proposed BESS site.
i.

Applicant must provide proof of ownership or lease agreements with
landowners within the project area.

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Exhibit A
i.

ALTA Surveys to include Utility lines and pipelines within the BESS area must
be provided as part of the PDP prior to construction.

Page 74 of 87

Exhibit A
b. Such plan must be approved by the Emergency Management Director and
developed per NFPA standards and guidance.
c. A draft of the ERG shall be submitted with the Preliminary Development Plan.
d. The ERG shall include, at a minimum, these elements:
i.

ii. The ERG shall address all provisions for fire suppression, fire, and
emergency medical response that are to be provided by the applicant both
during construction and during operation of the project. It shall identify
what equipment is not presently owned by the public fire department or
other first responder which may be needed to respond to emergencies at
the project. Any equipment so identified shall be purchased by applicant.
iii. The ERG shall clearly define the roles and responsibilities of key
stakeholders including the applicant, facility operator, equipment supplier,
and local emergency response teams. Upon an occurrence of an
extraordinary event, the applicant or facility operator shall notify the
Emergency Management Director and the Director of Planning and Zoning
of such event, and if the event is deemed to be a possible threat to public
safety, immediately notify the Leavenworth County Sheriff’s Department.
Extraordinary events may include but are not limited to damaged storage
containers, fire, explosion, collector-feeder line failure, or an injured person.
iv. The ERG shall establish well-defined emergency response protocols that are
easily accessible, regularly reviewed, and regularly communicated to all
relevant personnel. These protocols at a minimum should include: protocols
for emergency identification and response, evaluating emergency
situations, and notifying first responders. Protocols shall be in accordance
with NFPA guidelines and include necessary submittals to applicable
authorities having jurisdiction.
v. The ERG shall ensure that personnel are properly trained and prepared for
emergency situations. The applicant at its expense, shall provide training to
local emergency responders including the local fire department prior to the
commencement of operations and provide said training annually thereafter.
8. Ground Water Resources. Applicants must notify County of any risks it finds to ground water
aquifers in connection with the construction of a BESS project and all mitigation measures
the applicant proposes to utilize to mitigate such risk.

Page 75 of 87

Exhibit A
9. Air Quality. Applicants shall submit a plan to control dust on roads which will be used during
construction, which plan shall be a part of the Road Maintenance Agreement required
below.
10. Land Use and Development. Applicant shall identify potential constraints or benefits the
BESS may place on the current or future use of the land within the project property and the
surrounding area. The extent of any impact due to public health and safety risks shall be
specifically addressed, and the effects on the following activities shall also be addressed:
a. Existing or proposed tourist or recreational activities including hunting and fishing;
b. Agricultural activities;
c. Residential activities;
d. Commercial activities; and
e. Industrial activities.
11. Bibliography. The Development Plan shall provide a bibliography of the authorities
consulted and documents relied on in completing the Development plan.
12. Appendices. All Detailed technical information that supports the Development Plan shall be
included in the appendices. The features of the appendices shall be included in the main
body of the Development Plan.
K. Prerequisites to Construction Under an Approved Special Use.
1. Decommissioning Agreement. A Decommissioning Agreement as described in Section L
below must be approved and accepted by the Board of County Commissioners before any
construction begins.
2. Road Maintenance Agreement.
a. Transportation routes used for construction shall be coordinated with the
Leavenworth County Public Works Director.
b. Leavenworth County may require Applicant to provide and pay for an independent
study of all or some of the roads, bridges, and culverts over which equipment for
the BESS will travel during the construction phase to determine the ability of said
roads, bridges, and culverts to withstand the expected traffic.
c. A Road Maintenance Agreement by which the Applicant assumes financial
responsibility for infrastructure improvements needed for construction and repair
for infrastructure damages caused by construction must be entered into by the
Applicant and by the Board of County Commissioners before any construction
begins.
d. Applicant shall be held liable for any damages to County roads or rights of way
resulting from construction, deconstruction, and /or maintenance activities.

Page 76 of 87

Exhibit A
3. Plume Modeling:
a. The applicant may be required to provide a plume modeling and dispersion study
report using prudent industry standards and completed by a third party with
expertise in the field of plume modeling and dispersion.
b. The modeling shall evaluate facility design, equipment technology, metrology,
topography, nearby structures, and suppression techniques.
4. Hazard Mitigation Analysis:
a. The applicant shall provide a hazard mitigation analysis (the HMA) by evaluating
potential energy system failure modes and the safety related consequences related
to the failure modes.
b. At a minimum the HMA will assess the implications of failure modes required by
NFPA and the IFC.
c. Facility design will be evaluated against these failure modes to verify the
appropriate mitigation has been incorporated to address safety related
consequences.
L. Construction Requirements.
1. Licensed Engineer.
a. A licensed professional structural engineer or certified structural engineering firm
selected by the Applicant and approved by the AHJ shall conduct all inspections on
each BESS with respect to the foundation, structural assembly, mechanical and
electrical aspects of the BESS construction. Documentation regarding each approved
inspection shall be submitted to the Planning and Zoning Director.
b. All expenses of such engineer or engineering firm shall be the responsibility of the
Applicant or Operator. Leavenworth County, its officers, agents, and employees
shall be held harmless from all claims, costs, liabilities, damages or expenses
including costs of suits and fees and expenses for legal services on account of any
damage claimed by any third party, including such claims by agents or employees of
said third party arising from any approval or non-approval of any inspection.
2. Site Clearance. Site clearance and preparation shall be conducted in accordance with law
and applicable landowner agreements.
3. Field Representative.
a. Prior to the start of and continuously throughout the construction and site
restoration, the Applicant (or, following SUP approval, the Operator) shall designate
a field representative responsible for overseeing compliance with the conditions of
the Special Use.
b. Such representative shall be accessible by telephone during normal business hours.
The address, phone number, and emergency phone number of such representative
13

Page 77 of 87

Exhibit A
shall be provided to the Emergency Managements Director, Planning and Zoning
Director, and 911 Emergency Services.
c. The Operator shall notify the Emergency Management Director, Planning and
Zoning Director, and 911 Emergency Services of any change in contact information.
4. Cleanup.
a. The Operator shall remove all waste and scrap that is the product of construction,
operation, restoration, and maintenance from the site and properly dispose of it
upon the completion of each task.
b. Any land restoration shall be done in a manner that is consistent with the terms of
any lease agreement executed between the Operator and the landowner.
5. Fire Inspection.
a. No Tier 2 or Tier 3 BESS may not be energized or placed in commercial operation
until the Fire Code Official or other AHJ has completed and approved a preenergization inspection confirming compliance with the approved plans, applicable
fire code, NFPA 855, emergency access requirements, signage, fire detection, gas
detection, fire-suppression or fire-control measures, remote monitoring, and
emergency-response documentation.
b. The Operator shall submit to periodic inspections by the County, Fire Code Official,
Emergency Management Director, or their designees at least annually, after any
material modification or augmentation, and after any extraordinary event.
6. Commissioning Report. Before commercial operation, the Applicant shall submit a
commissioning report signed by a qualified professional confirming that the BESS was
installed, tested, commissioned, and is capable of operation in accordance with the
approved plans, equipment listings, fire-code approvals, utility interconnection
requirements, and manufacturer requirements.
M. Decommissioning, Restoration, and Financial Security.
1. Decommissioning Agreement.
a. The Applicant shall enter into a Decommissioning Agreement with the Board of
County Commissioners before any construction begins.
b. The Decommissioning Agreement shall provide assurance for the decommissioning
of the BESS in accordance with an agreed Decommissioning Plan upon the
termination or abandonment of BESS operations. The Applicant shall submit an
escrow account, surety bond, insurance policy, or other suitable financial security
acceptable to the County.
c. The Decommissioning Agreement may allow reasonable adaptive reuse of the BESS
in lieu of decommissioning all or part of the BESS. The Board of County
Commissioners must consent to any such adaptive reuse.

Page 78 of 87

Exhibit A
d. Compliance with the Decommissioning Agreement shall, at all times, be a condition
of the Special Use Permit.
e. The Decommissioning Agreement, or an abstract thereof, shall be recorded.
f. The Decommissioning Agreement shall specify a procedure for updating the
Decommissioning Plan every five (5) years, including updating estimated
decommissioning costs.
2. Decommissioning Plan
a. The Plan shall provide for the decommissioning of the site within eighteen (18)
months of the abandonment or termination of BESS operations, including the
termination of the SUP.
b. The Plan shall provide for removal of all above-ground equipment. This may include
batteries, containers, transformers, inverters, collection lines, hazardous materials,
and other BESS equipment.
c. The Plan shall provide for removal of foundations and pads to a depth of at least 4
feet below grade. The excavations shall be refilled with soil which is reasonably
similar in quality, structure, and fertility to that of the original excavation, and which
is to the landowner's satisfaction.
d. The Plan may provide for retention of fencing, roads, stormwater facilities, or other
improvements to real estate if agreed to by the landowner and allowed in the
Zoning District. Otherwise, the Plan shall provide for removal of such improvements.
e. The Plan shall specify recycling, reuse, transport, disposal, and waste-handling
procedures.
f. The Plan shall provide site restoration standards to restore the site, as near as
possible, to its pre-BESS topography and topsoil quality.
g. The Plan shall provide estimated decommissioning costs prepared by a qualified
independent third party, and which must account for inflation. Estimated
decommissioning costs shall not be offset by any estimates for recycling or salvage
value. Failure to maintain required financial security is a violation of the Special Use
Permit and grounds for suspension, enforcement, or revocation to the extent
allowed by law.
3. Abandonment.
a. A BESS is abandoned if it has not charged, discharged, or provided an approved
commercial or reliability service for six (6) consecutive months and the Operator has
not submitted a commercially reasonable restoration, repair, repowering, or
recommissioning plan accepted by the Board.
b. Temporary outage, force majeure, utility-directed curtailment, market suspension,
maintenance, repair, or replacement do not constitute abandonment if the

Page 79 of 87

Exhibit A
Operator maintains the site, insurance, emergency contacts, and financial security
and provides periodic status reports to the County.
c. The County may send a notice of abandonment to the Operator of an abandoned
BESS. Such notice shall be transmitted as specified in the Decommissioning
Agreement.
d. After said notice is sent, the Operator shall be afforded an opportunity, pursuant to
the Decommissioning Agreement, to cure the abandonment, where such cure
period may not exceed six (6) months.
e. If the cure period expires and the BESS remains abandoned, then the Board of
County Commissioners may undertake decommissioning in conformity with the
Decommissioning Agreement.
N. Operational Requirements for BESS Special Uses.
1. Compliance. The Operator shall maintain records of inspections, maintenance, emergency
training, fire-code operational permits (if applicable), battery management system alarms,
material incidents, repairs, augmentations, and changes to operating limits, and shall
provide annual compliance certification to the County.
2. Amendment or Modification. A BESS may be repaired, replaced, or augmented without a
new special-use permit only if the change is substantially consistent with the approved
development plan, remains within the approved security perimeter, does not reduce
approved setbacks, does not materially change battery chemistry or fire risk, and is
preceded by at least 90 days’ written notice and an updated site plan. Any other
augmentation or material modification requires amended development-plan approval and,
if determined by the Board, amendment of the special-use permit.”
3. Hazardous Materials. All hazardous materials located on the premises, including any
lubricants, shall be kept and transported in accordance with all state and federal
regulations.
4. Visual Impact. The Operator shall take reasonable measures to mitigate specific adverse
visual impacts affecting residences within or immediately adjacent to the BESS Special Use
area.
5. Electromagnetic Interference. The Operator shall comply with applicable FCC, utility, and
interconnection requirements governing electromagnetic interference, communications,
telemetry, and control systems. Depending on site conditions, the Applicant may be
required to conduct a microwave beam path survey.
6. Extraordinary Event Response.
a. Upon an occurrence of an extraordinary event, the Applicant or Operator shall
notify the Emergency Management Director and the Planning and Zoning Director of
such event and, if the event is deemed to be a possible threat to public safety
immediately notify the Leavenworth County Sheriff.

Page 80 of 87

Exhibit A
b. Extraordinary events include damaged storage containers, fire, explosion, collectorfeeder line failure, injured worker or citizen, or kills or damages to threatened or
endangered species. In the event of any extraordinary endangered species
mortality, the Applicant or Operator shall notify Kansas Department of Wildlife,
Parks and Tourism and the U.S. Fish and Wildlife Service as required by law.
7. Financial Security. The applicant shall submit and maintain the financial security required
under the Decommissioning Agreement.
O. Transfer of Special Use.
1. The holder of a BESS Special Use Permit shall advise prospective transferees of all
requirements of the BESS Special Use.
2. A transfer fee of $5,000.00 shall be paid to the County to compensate for work related to
the transfer. Such fee shall be tendered at the time of the pre-transfer notice.
3. Not later than sixty (60) days before any transfer of ownership, operator control, or
controlling interest, the proposed transferor and transferee shall notify the Board of County
Commissioners and provide updated owner and operator information, emergency contacts,
proof of insurance, proof of financial security, written assumption of all permit conditions,
and updated decommissioning and emergency-response contacts. No transfer of ownership,
Operator control, or controlling interest in a BESS Special Use Permit shall be effective until
approved by the Board of County Commissioners.
4. The transferee shall meet all requirements of the BESS Special Use.
P. Indemnification; Proof of Insurance.
1. The Operator shall indemnify and hold County harmless from and against any and all claims,
demands, suits, and losses to the extent arising out of, relating to, or resulting from or in
connection with the negligent action or omission of the Operator or its contractors or
assigns during the development, construction, or operation of the BESS project located in
Leavenworth County, Kansas. Notwithstanding the foregoing, in no event shall the Operator,
its contractors or assigns (or any of their respective affiliates, members, shareholders,
officers, directors, agents, or employees) be liable for consequential, incidental, indirect,
special, exemplary, or punitive damages.
2. During the construction phase of the project, the Applicant or its main contractor shall, at
their own expense, maintain the following insurance policies:
a. Commercial General Liability Insurance. The Applicant or its main contractor shall
maintain Commercial General Liability Insurance for the BESS project on an
“occurrence” basis, including coverage for: Premises and Operations Liability;
Explosion, Collapse and Underground Damage Liability; Personal Injury Liability;
Broad Form Property Damage Liability; Broad Form Contractual Liability supporting
the Operator’s indemnification agreements in favor of the additional insureds;
Completed Operations and Products Liability for a period of one (1) year following
the date of final completion of the BESS project; and Independent Contractor’s

Page 81 of 87

Exhibit A
Protective Liability. Such policy shall have primary coverage limits of One Million
Dollars ($1,000,000.00) for injuries or death to one or more persons or damage to
property resulting from any one occurrence and a Two Million Dollars
($2,000,000.00) aggregate limit.
b. Commercial Automobile Liability Insurance. The Applicant or its main contractor
shall maintain Commercial Automobile Liability Insurance, including coverage for
owned, non-owned, rented, leased, and hired automobiles for both bodily injury
and property damage in accordance with state legal requirements, with a combined
single limit of not less than One Million Dollars ($1,000,000) per accident with
respect to bodily injury, property damage, or death.
c. Umbrella Excess Liability Insurance. The Applicant or its main contractor shall
maintain Umbrella Excess Liability Insurance with a limit of Twenty-Five Million
Dollars ($25,000,000.00) per occurrence and annual aggregate limit of Twenty-Five
Million Dollars ($25,000,000.00) with Completed Operations and Products Liability
coverage, which coverage shall remain in effect for one (1) year after the date of
final completion of the BESS project.
d. Workers’ Compensation and Employer’s Liability Insurance. The Applicant or its
main contractor shall maintain Workers’ Compensation Insurance with statutory
limits (as may be amended from time to time), including Employer’s Liability
Insurance with limits of liability of not less than (i) One Million Dollars
($1,000,000.00) for bodily injury by accident, each accident, (ii) One Million Dollars
($1,000,000.00) for bodily injury by disease, each employee, and (iii) One Million
Dollars ($1,000,000.00) aggregate liability for disease.
3. After construction is complete, during the operational phase of the project, the Operator
shall maintain the insurance policies provided above, except that the limits of the Umbrella
Excess Liability Insurance may be reduced to a lower figure if approved by the Board of
County Commissioners.
4. The Board of County Commissioners may require the Operator to maintain adequate
pollution legal liability or environmental impairment liability insurance covering, at a
minimum, third-party bodily injury, property damage, cleanup costs, emergency response
costs, transportation-related pollution conditions, disposal-related pollution conditions, firerelated emissions, contaminated runoff, release or threatened release of hazardous
materials, and post-incident investigation, monitoring, remediation, removal, transport,
recycling, and disposal.

Page 82 of 87

10/21/2026

Quarterly Report (7/1/26 – 9/30/26)
Leavenworth County, Human Resources

Monica Swigart, HR Administrator

Page 83 of 87

Headcount

Q1 2026
Q2 2026
Q3 2026
2026 Totals

Headcount
427
429
430
429

Arrivals
22
21
28
71

2026
Departures
26
19
27
72

Turnover
6.1%
4.4%
6.4%
16.9%

Avg Tenure
7.0
7.1
7.2
7.1

Turnover
Continue to see consistent turnover rates almost identical to the last few years by quarter




Of the 27 departures in Q3 (top 2)
o 41% Personal reasons not related to job
o 33% Better Pay/Benefits
o 4% Job Dissatisfaction
By Department (top 3)
o 30% Sheriff
o 15% Public Works (road/bridge, noxious weed, GIS)
o 11% EMS/Health Dept

Other Current Events
o
o

o
o

New benefit year began Oct 1
ModRN Health Clinic
 Over 80% onboarded and regularly engaged
 Biometric Screenings 1st Monday of the month
Deadline for Wellness Incentive is 12/31/26 (2026-27 Plan Year)
 Learn to Live Program launched with EAP
Trainings/Events
 Financial Wellness webinars with Nationwide
 Lunch & Learn – Oct 14 (Fall and Winter Wellness)
 Monthly Safety Second Circulation kicked off in October
 Flu Shots are here and available at ModRN
SAVI – Student Loan Repayment Assistance – Almost 100k in projected forgiveness!
Safety Day – 10/23/2026 (11am – 2pm) at Council on Aging

Page 84 of 87

InInformation Technology Department
Quarterly Report
October 21, 2026
REPORT PERIOD: THIRD QUARTER 2026
Executive Summary
The department remains laser focused on critical infrastructure modernization and
cybersecurity hardening. Key achievements this quarter include completing phase one of
Justice Center Remediation project, Re-configuring network tunnels for, Bashore and
Tonganoxie Police Departments, and obtaining approval for Firewall upgrade Project.

Budget
Total Budget

$749,911.00

Total Expenditures

$537,729.10

End of Year Balance

$212,181.90

Operational & Project Highlights
1. Infrastructure & Security
•

Justice Center Remediation: Ongoing work with the Sheriff’s Office, and City of
Leavenworth to remediate server room cabling, and physical security issues. Phase
one of the project (JC Mapping of all floors) has been completed. Phase two
(Toning, Labeling & Staging), is in progress.

•

VMware Migration & Backup Configuration
Replace existing Synology VMware datastore with Tintri VMstore, migrate production virtual
machines, retire the Synology from VMware storage, and integrate Tintri snapshot
technology for on premise recovery with cloud backups to Tintri’s Backup as a Service
(BaaS).

•

Network/ Firewall Upgrade: Network Firewall project will commence at the end
of the JC Remediation project. Will involve upgrading 1GB capable firewalls to 10GB
and changing ISP circuit from 1GB to 10GB. The newer firewalls bring more
enhanced security features which will strengthen the county’s infrastructure.

•

Phone System Migration: Current phone system (CUCM) is approaching end of
life and will have to be migrated. We are recommending migrating to CISCO
WEBEX Calling. This will bring us up to date.

•

Regional Awareness: While Leavenworth County had no security events this
period, the department is monitoring threats reported by surrounding
municipalities, as well as the Cybersecurity and Infrastructure Security Agency
(CISA) to refine the county's IS security posture.

Page 85 of 87

•

Proactive Security Training: The launch of Wizer Phishing Simulations has
increased user digital literacy. As staff become more adept at identifying threats,
we have seen a decrease in "suspicious email" inquiries and security-related
recovery tickets.

2. Software & Lifecycle Management
•

Microsoft Migrations: Completed transitioning to M/ Office 365. Perpetual Office
2021versions reached end-of-life in October 2026.

3. Support Performance
The Help Desk remains highly active, managing high-volume service requests to ensure
county-wide continuity.

Help Desk Volume & Performance Analysis
The Information Systems department observed a significant reduction in reactive support
requests during the current quarter. This 13.1% decrease in ticket volume reflects a
successful transition from "break-fix" maintenance to a more stable, project-focused
operational environment.
Reporting Period Total Ticket Volume Net Change Percentage Change
Last Quarter

452

-195

-30.1%

Current Quarter 393

-59

-13.1%

Efficiency Dividend
The reduction in reactive support requests has reclaimed approximately 35 to 45 hours of
technical labor this quarter. This reclaimed operational bandwidth was directly reinvested
into network mapping, security tuning, and infrastructure staging. Staff remain balanced
and fully supportive of county service needs.

-2Information Systems Quarterly Report – 1st Quarter 2026

Page 86 of 87

-3Information Systems Quarterly Report – 1st Quarter 2026

Page 87 of 87

COUNTY OF LEAVENWORTH
Leavenworth County Commission
300 Walnut, Suite 225
Leavenworth, Kansas 66048-2815
(913)684-0417
Email: [email protected]

October 21, 2026
Dear Members of the Board of Directors of Cloverleaf Infrastructure:
On behalf of the Leavenworth County Board of County Commissioners, we respectfully request that Cloverleaf
voluntarily agree to incorporate and comply with the County's updated data center development standards in
connection with the proposed Project Bluestem application.
The Board recognizes that the project application was submitted before certain updated development regulations were
adopted. Nevertheless, the Board believes these standards address important public interests, including the protection
of neighboring property owners, responsible use of water and energy resources, noise mitigation, environmental
protection, road and utility infrastructure, emergency preparedness, and the long-term welfare of County residents.
The Board is not asking the developer to disregard its existing legal rights or suggesting that subsequently adopted
regulations automatically apply to a previously submitted application. Rather, the Board is seeking a voluntary,
written commitment to meet the updated standards as a demonstration of good faith and a shared commitment to
responsible development in Leavenworth County.
We respectfully request that the developer meet with County representatives to review the specific standards at issue
and establish a written agreement identifying the measures the developer will implement, the applicable compliance
timelines, and the means of verifying compliance. Where a standard cannot reasonably be implemented as written, the
parties may discuss alternative measures that achieve the underlying public-protection objectives, subject to
applicable law.
The Board believes that this approach offers an opportunity to build public confidence, address community concerns,
and establish a constructive working relationship between the developer and the County. We ask that your company
give this request serious consideration and provide a written response by [Date].
The Board appreciates your willingness to work with the County toward a project that respects both the developer's
investment and the long-term interests of the community.

Sincerely,

Mike Stieben, Chairperson
Leavenworth County Commission

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