Independence could join KC-area wave of temporary freezes on data center zoning
As construction continues on a $150 billion, 400-acre artificial intelligence data center in Independence, some residents are pushing for policies that would create a higher barrier to entry for similar projects in the future.
The Independence City Council is considering placing a temporary, 180-day moratorium on zoning approval for data center projects, following similar legislation circulating around the Kansas City metro. The council is also considering a supplementary moratorium on battery energy storage sites.
The ordinance is sponsored by Second District Councilmember Brice Stewart, who has sat on the council since 2020. Stewart’s district includes the site off of Bly Road where Nebius, a Dutch AI services company, broke ground on their hyperscale AI factory in early May. The project will be fueled by its own power plant and will benefit from more than $6 billion in tax breaks, passed by the Independence City Council in March.
The proposed Independence ordinance notes that a 180-day data center moratorium period would be used “to potentially draft an ordinance that amends the City Code as to further promote the health, safety, and general welfare of the citizens of Independence.”
It would not impact the ongoing Nebius site but would give the city a window of time to figure out if it wants to add in more local regulations for data centers going forward.
Stewart said at a Monday night council study session that the moratorium was inspired not only by “community input on both sides” around the Nebius project, but by growing national discourse around data centers in small cities like Independence.
Data centers currently benefit from an expedited zoning process in Independence due to a 2024 expansion to the city code.
Stewart said that he’d like the city code to change so that data centers need to get a special use permit to move forward, and for the city’s response to permit requests to depend partially on the size of the proposed project.
“Should all data centers be treated equally?” Stewart said Monday. “Should a 50-megawatt data center be treated the same as a 500 (megawatt) when it comes to zoning?”
Daniel Moorehead, who lives in sight of the data center on Bly Road and has co-founded a group to oppose the project, said that a moratorium is “the only logical next step” in making Independence less attractive for a large influx of “predatory” data center developers.
“Too many communities have watched heavy industrial facilities get shoehorned into the wrong neighborhoods, destroying property values and straining city resources,” Moorehead said. “That has already happened right here in Independence. But tonight, you have a chance to stop a future – I’ll call it ‘Midwest data center alley’ – from swallowing our city.”
Third District resident Stephanie Robinson noted that those who oppose data centers in Independence aren’t necessarily against all forms of commercial development in the city. Taking a pause to update zoning regulations, she said, would demonstrate local officials’ commitment to ensuring that all development projects in the city are held to reasonable standards around environmental impact and quality of life.
“We’re just deciding how decisions should be made,” Robinson said. “A temporary moratorium is the tool. We need to use that tool and take the necessary pause.”
The Jackson County Legislature passed a similar moratorium Monday night, after about two months of consideration. The countywide legislation halts zoning and permitting processes for data centers and BESS sites in unincorporated areas of Jackson County for 180 days, which sponsor Sean Smith and other legislators have said will create time for the county to set more detailed permanent land use policies.
Legislators previously noted the ordinance was inspired by “widespread community opposition and resident concerns related to large industrial technology facilities.” Similar moratoriums have recently passed in Kansas City, Missouri and Leavenworth, Kansas.
Over the past several weeks, residents have criticized council members for clearing the way for Nebius, voting down two incumbent council members in April over their votes for the tax break package. Stewart voted against the tax breaks, along with former Independence Mayor Rory Rowland.
A special election is tentatively scheduled for Sept. 1 to potentially recall a third local leader — First District Councilmember John Perkins — who has been criticized both for his vote and for his decision not to hold any public informational events on the breaks.
The proposed moratoriums will make their first appearance before the full City Council on July 6.
