Dozens of residents packed the meeting room and hallway at a meeting of the Platte County Planning and Zoning Commission on Tuesday night, their voices often rising as they shared their concerns about a massive data center project.
The meeting came about a month after a data center and power generation complex was proposed for 5,344 acres of ranchland northeast of Wheatland in Platte County near the Goshen County line.
More than 70 people attended, with the majority standing in the hallway because of limited space. It was contentious from the beginning over cell towers, the data center project, and even whether the meeting was legal.
All that came after Commission Chairman Marty Shepard pointed out that the meeting wasn’t open for public comment because it was about a regulatory change.
The Planning and Zoning Commission is considering changes to Platte County’s land-use rules and regulations that would bring data centers under the county’s regulatory framework, potentially requiring developers to obtain a special-use permit.
Board members stressed Tuesday that the discussion was about how to regulate data centers, not whether the county should allow them.
“We are here to make sure the projects come in front of us meet our regulations,” board member Bill Klein said.
Shepard said the county wants to make sure it has the ability to place restrictions on future data center developments rather than giving developers broad authority to proceed without additional county oversight.
“If we rezone to commercial industrial and we give these companies free rein, we’re not in favor of that,” Shepard said. “We’re looking at special-use permit instead of giving them carte blanche.”
Amid wide public pushback, the commission unanimously voted to move forward with proposed changes to rules and regulations that would require a special-use permit for data centers.
Saving Most Contentious For Last
The commission closed the evening with the issue that had drawn most of the crowd: How to incorporate data centers into the county’s land-use regulations.
County planner Laura Bookout told the commission that commissioners “would like to incorporate some form of data centers into our current regulations.”
She said they believe there might be loopholes in existing rules that could be addressed by requiring a special-use permit.
Shepard said updating the regulations would give the county more authority over future projects and allow officials to negotiate protections with developers.
“If we are good negotiators, we negotiate to the developer, this is what we want to protect our county,” he said. “If the developer is OK with paying for it up front, there’s no risk to Platte County. I think that is the gist of this meeting. I don’t think the taxpayers of Platte County (should) front the bill."
Resident Josh Martinez, who had previously presented the commission with his concerns and proposed regulations, pressed board members for more information about the county’s approach.
“There’s not a lot of data,” Martinez said. “This community wants to know a lot of stuff, and nobody is saying nothing.”
Board member Bonnie Lockhart pointed out the commission has not received an actual data center application.
Martinez accused county commissioners of failing to do their due diligence.
“You’re in this position to look out for us, not the companies and the money,” he said. “Do what the people ask, because it comes from our tax dollars.”
Tax Revenue, Exemptions And Water
The debate also turned toward the potential financial benefits and costs of data centers.
Shepard pushed back against what he described as a persistent claim that data centers are tax exempt.
He said a data center could generate as much as $20 million in property tax revenue for Platte County.
Shepard said the exemption applies to equipment installed inside data center buildings rather than the buildings and property.
The explanation prompted shouting from the audience.
“So are they tax exempt or not?” someone off camera shouted. “You just said they have an exemption on equipment that they put in their building.”
“Is it public comment now?” a woman asked.
Shepard leaned back in his chair, visibly frustrated.
“I’m not going to argue with you. $20 million is a lot for this county,” he said.
He claimed everyone in attendance voted to gut property taxes.
“Where is the money going to come from that keeps our county alive?” he asked.
Shepard said he has toured data centers and spoken with people involved in the industry.
“Was I skeptical up front? Sure was. I’m not now,” he said.
He also challenged what he described as exaggerated claims about the amount of water data centers consume.
“A million gallons of water is a thimble. A thimble,” he said.
When Shepard was asked to share the information he had gathered during his tour, he said, “I didn’t take any notes. It’s stored right here.”
He pointed to his head.
‘Tell Us How You Want Them To Come’
Klein repeatedly emphasized that the commission was seeking input on regulations rather than a simple rejection of data centers.
“We can’t just say, no, they’re not coming,” he said. “But we can say how we want them to come and what stipulations we want and what help we want in the community.”
He grew frustrated with residents who were using the meeting primarily to argue against data centers.
“Don’t just come in here and read off a whole bunch of stuff telling us how bad they are and how they’re just going to use all of our water and how they’re just going to destroy our community, because that’s bullshit,” Klein said.
“They are not here to destroy Wheatland. But they are here … because there is opportunity here.”
A woman in the audience challenged the commission, asking, “Why can’t we just say we don’t want them in Platte County?”
“Why would you say that, ma’am?” Shepard replied.
Another man asked why the county has no other commercial manufacturing operations comparable to the proposed data center development.
More arguing followed.
Public Comment A Point Of Contention
As the commission attempted to move toward a vote, residents continued to ask when they would be allowed to formally comment on the proposed regulations.
“Do we need a motion to have a meeting on the 16th?” Shepard asked Bookout.
Off camera, someone said, “Didn’t they say they were going to open to public comment?”
Then she spoke publicly.
“You said you were going to open it up to public comment so if we could start our public comment, that would be great,” she said.
“This meeting is not open,” Shepard replied. “This is not an application. This is a rule change.”
The woman argued that because the county was already discussing changes to its land-use rules, residents should be able to offer ideas, suggestions and questions.
“On September 16th,” Shepard responded.
The woman pointed out that a Sept. 16 hearing comes after the commission’s upcoming meetings, when many decisions about the regulations might already have been made.
“Are we moving into these meetings with no rezoning and with no regulations and with no anything?” she asked.
Lockhart again noted that the county has not received an application for a data center.
Size Of Crowd Debated
Klein said residents would have an opportunity to voice their opinions at the Aug. 26 rezoning meeting.
The commission then voted unanimously to move ahead with proposed changes to the county’s rules requiring data centers to obtain a special-use permit. Board member Jay Collins made the motion, and Lockhart seconded it.
Shepard said the commission would work on the specific regulations at its Sept. 16 meeting.
The announcement prompted another round of shouting.
“If we include data centers within our regulations, then we can regulate them better if they come,” Lockhart said over the noise. “If we don’t have them in our regulations, then they’re going to do whatever they want.”
As the arguments continued, Klein reminded the crowd that the commission was hearing from a relatively small portion of the county.
“You have to remember, there’s 32 of you here,” he said.
“There is 75,” a woman corrected him from off camera.
Klein responded that Platte County has about 6,000 residents and said three men he spoke with at a grocery store the previous week supported data centers.
One man in the front row warned that the opposition could grow significantly if residents believe the county is moving toward approving a data center without adequate restrictions.
“I think once the word gets out to Platte County and Goshen County about regulations where this is definitely coming in and the permits have been approved, you’re going to have a hellstorm on your hands,” he said.
“We already do,” Lockhart replied. “And we haven’t even got an application yet.”
‘An Illegal Meeting?’
The meeting was contentious from the get-go.
Less than two minutes in, Rebecca Cohorn of Goshen County questioned whether the commission could proceed.
“I notice there is no period of time in which public comments is an agenda item and I believe that that would make this an illegal meeting,” Cohorn said.
Shepard responded that he did not believe public comment was required for the land-use regulation discussion.
“And that’s a problem. It doesn’t matter,” Cohorn interjected. “There is no public comment on anything.”
Cohorn asked that the meeting be rescheduled in a larger room.
Shepard pointed out that the meeting was being livestreamed and recorded on YouTube before saying the commission would continue.
“No. We’re going to move forward. But thank you for your consideration,” he said.
As the commission moved into its first agenda item, consideration of a special-use permit for a wireless communication tower on private land, Cohorn continued to object.
“It’s an illegal meeting,” she shouted.
The interruptions continued as the board attempted to proceed.
“Shut the door,” Shepard said.
Cell Tower Also Contentious
Shepard later told the audience he generally opens meetings to public comment, even when it is not specifically listed on the agenda.
“It may not be on the agenda, but I am always open in every meeting to public comment,” he said.
The tension continued as landowner Mary Meyer addressed the commission about opposition to a proposed cell tower on a neighboring property.
At one point, Shepard left his seat at the front of the room and addressed people gathered in the hallway.
“We are in a public hearing setting right now and it is very disruptive to the person who is trying to get her point across, whether you’re for it or against it,” he said. “You’re disturbing the lady who is trying to present her case. And she’s probably saying something you might want to hear.”
Jeers came from the crowd.
“All I’m asking for is just a little peace so we can get through our meeting,” Shepard said. “If we can’t have it I’m going to have you removed.”
The crowd eventually quieted, but questions and objections continued as the meeting turned to the data center project.
A special meeting to consider a major rezone application by the company proposing the data center, Site Layer 4, LLC, is scheduled for 1 p.m. on Aug. 26 at the Agriplex in Wheatland. A public hearing on the proposed land-use regulations is scheduled for Sept. 16 at 1 p.m. at the same location.
Kate Meadows can be reached at kate@cowboystatedaily.com.
