Fight Data Centers with the 8 Golden Factors
Disclaimer: This post was written by AI. We recognize the cost of using AI and avoid it, but we are a small team fighting for our children against billionaires trying to exploit our community.
Shawnee County will use the Eight Golden Factors regarding the proposed hyperscale datacenter at 77th/85th and Gary Ormsby. We have two elementary schools only 1.3-1.7 miles from the site, and the community of Montara will be dramatically impacted and face significant public health concerns including air pollution, water pollution, extreme heat, damaging frequencies, constant loud noise, and more.
This post gives a run down about what the 8 factors are that they’ll use to consider approving the data center, and ideas on how we can fight these data centers.
Overview of the Eight Golden Factors
Local planning commissions and governing bodies use these eight points to evaluate whether a proposed rezoning or special use permit is reasonable and evidence-based rather than arbitrary: [1,2]
Character of the Neighborhood: Reviewing the physical layout, existing building conditions, and general environment of the surrounding area. [1,2]
Zoning and Uses of Nearby Property: Looking at how adjacent and nearby tracts are currently zoned and utilized. [1,2]
Suitability Under Current Restrictions: Determining if the property is realistically and economically viable under its current zoning limits. [1,2,3]
Detrimental Impact on Neighbors: Assessing whether removing restrictions or changing use will harm neighboring property values or quiet enjoyment. [1,2]
Length of Vacancy: Considering how long the subject property has remained vacant while subjected to the current zoning designation. [1,2]
Public Welfare vs. Hardship: Weighing the relative gain to the public health, safety, and welfare against the economic hardship imposed on the individual landowner if denied. [1,2]
Staff Recommendations: Factoring in the technical reviews, reports, and professional advice of city or county planning staff. [1,2,3]
Conformance to the Comprehensive Plan: Checking whether the requested change aligns with the community's officially adopted long-range master or comprehensive plan. [1,2]
How do We Use 8 Golden Rules to Fight Data Centers
In Shawnee County, a proposed data center must undergo a rigorous Conditional Use Permit (CUP) process, a requirement established by the County Commission to ensure heavy county oversight and case-by-case evaluation. Compass Datacenters submitted a formal CUP application for a facility at SW 85th Street in the Wakarusa area, forcing the project to legally face the Golden factors. [1,2,3,4]
How the Local Process Works
Because Shawnee County amended its zoning codes to eliminate data centers by right, a developer must advance through four structural stages: [1,2,3]
Initial Review: The Planning Department ensures the application is legally complete. [1]
Technical Consultation: Shawnee County utilizes an independent engineering firm (funded by increased developer fees) to scrutinize technical claims about infrastructure, power, and environmental strain. [1,2]
On 7/30, they approved the RFP process to hire an engineering firm.
Planning Commission Hearing: A public hearing is scheduled where the Planning Commission evaluates the data center using the Golden factors before voting on a recommendation. [1,2,3]
Board of Commissioners Final Vote: The Board of County Commissioners makes the binding legal decision to approve, conditionally approve, or deny the permit. [1,2]
How to Strategically Fight the Proposal
Because the county must legally base its decision on the Golden factors to survive future court appeals, opponents must structure arguments to directly attack those points: [1]
1. Target "Character of the Neighborhood" & "Detrimental Impact"
The Argument: Argue that a massive, industrial data center fundamentally breaks the rural, agricultural, or quiet residential landscape of the Wakarusa area. [1,2]
The Evidence: Gather testimony regarding visual blight, heavy humming from industrial HVAC cooling units, and massive electrical substations ruining quiet enjoyment.
2. Weaponize Infrastructure and Utility Strain (Public Welfare)
The Argument: Under the factor weighing "Public Welfare vs. Hardship," highlight how data centers create massive strain on community resources.
The Evidence: Emphasize that massive electricity consumption poses risks to local residential utility rates and strains the regional power grid managed by Evergy. Question any massive water demands required to cool the server stacks. [1,2,3,5]
3. Attack the Lack of Economic Proportion [1]
The Argument: Counter the developer's claims of high tax revenue by pointing out the exceptionally low number of permanent, local jobs created relative to the vast footprint of land consumed.
Action: Formally demand that County Commissioners refuse any property tax breaks, a strategy already publicly signaled by some county leadership. [,2,3,4]
4. Maximize Procedural Pressure
Submit Written Arguments: Send legally framed letters citing specific Golden factors directly to the Shawnee County Planning Department. These enter the official legal record that planners must review.
Pack the Planning Commission Hearing: Turnout is heavily weighted by local officials. When the county sets the official public hearing date, mobilize residents to speak in the standing-room-only format. Focus speakers on distinct technical objections (e.g., noise, water, grid strain) rather than generalized anger.
Lobby for a Moratorium: Emulate ongoing city-level efforts by formally requesting the Board of County Commissioners to pause all data center applications until comprehensive, long-term technical studies can be finished. [1,3,4]
Example Public Comment Letter
Here is a formal public comment letter drafted for the Shawnee County Planning Commission, structured around the Golden factors to provide maximum legal leverage against the application. We recommend changing up the letter to also personalize the request, particularly if you live in the area. We also recommend and providing links to resources with your submission.
Date: [Insert Date]
To:
Shawnee County Planning Commission
c/o Shawnee County Planning Department
3600 NW 12th Street
Topeka, KS 66618
Regarding: Public Comment on Conditional Use Permit (CUP) Application – Proposed Compass Datacenters Facility (SW 85th Street, Wakarusa Area)
To the Members of the Shawnee County Planning Commission,
I am writing to formally submit my opposition to the Conditional Use Permit (CUP) application submitted by Compass Datacenters on July 24, 2026, for a proposed data center facility at SW 85th Street in the Wakarusa area. Pursuant to the zoning guidelines mandated by the State of Kansas and local ordinances, I request that the Planning Commission recommend denial of this permit based on a failure to meet the Golden v. City of Overland Park factors. [1]
Specifically, the application fails to satisfy the following critical criteria:
Character of the Neighborhood & Nearby Zoning: The Wakarusa area is fundamentally defined by its quiet residential, agricultural, and rural landscape. Introducing a massive, industrial-scale data center complex completely contradicts the existing zoning and aesthetic fabric of this neighborhood.
Detrimental Impact on Nearby Properties: Data centers operate massive, industrial HVAC cooling systems and electrical infrastructure that generate continuous, low-frequency noise and visual blight. This directly threatens the quiet enjoyment of surrounding properties and will inevitably depress neighborhood property values.
Relative Gain to the Public Health, Safety, and Welfare vs. Hardship: The public detriment of this project vastly outweighs any claimed benefit. This facility will place an unprecedented strain on our local electrical grid and water resources, threatening utility rate stability for Shawnee County residents. Furthermore, data centers consume enormous acreage while generating an exceptionally low number of permanent, local jobs.
For these reasons, the proposed industrial development is entirely unsuitable for the SW 85th Street site. I urge the Planning Commission to prioritize the protection of our community resources and rural character by recommending a denial of this Conditional Use Permit.
Sincerely,
Signature: ____________________________
Printed Name: [Your Name]
Address: [Your Address, Topeka/Shawnee County, KS]
Email/Phone: [Your Contact Information]