Independence could add more guardrails for data centers following temporary ban
Days after passing a temporary moratorium on approvals for new data centers, the Independence City Council is seeking to impose significant limits on them going forward.
Within the first week of the ban, city staffers have drafted new rules split into different tiers that would set stricter limits on where and how data centers can be approved, how much water and energy they can use, and what kind of impact they can have on nearby residential areas.
A plan currently before the Independence Planning Commission proposes to add a new zoning category specifically for data centers, laying out the development rules for those projects.
The new proposal says that despite the potential economic advantages of data centers, the sites can “present unique land use considerations not commonly associated with traditional industrial development.”
The city’s first data center — a $150 billion project from Dutch company Nebius, fueled directly by a power plant undergoing upgrades nearby — is currently under construction on 400 acres in northeast Independence, over the protests of those who live closest by. A second data center proposed by Kansas-City based firm Patmos is also set for approval, and would occupy a former industrial building along Little Blue Parkway.
The new zoning rules are still in the planning stage and have not been formally sponsored by any council member.
New data center rules
If passed by the Independence City Council, the city’s new restrictions on data centers would be split into two different sets of rules: one for data centers that have less than a 5-megawatt capacity, and one for anything larger. It also clarifies that data center sites can include separate, “accessory” structures – which are not described in detail in the proposal – to support site operations.
Large data centers over 5 megawatts would be restricted to I-1 areas, or parts of town zoned for light to moderate industrial work. And they would be newly required to obtain a special use permit from the city to be built.
Current city code lists data centers as one of the already approved uses for industrial areas. The new rules would require that extra approval to build.
To get that special use permit, developers would need to submit reports about emissions, stormwater infrastructure, and potential impacts on local businesses and historically marginalized communities.
The proposed rules also say that data centers would have to be built at least 500 feet from residential neighborhoods, schools, hospitals, parks and playgrounds, nursing homes and hospitals. And those next to residentially zoned areas would need an additional 100-foot buffer, along with screening or landscaping so that the facility could not be seen from nearby houses or trails.
Smaller data centers would be permitted in several styles of commercial and business areas, but neither style of data center would be eligible for a special use permit without first holding a neighborhood meeting in the proposed development area.
Under the new rules, in order to be approved for zoning in Independence, all data centers would need to use a closed-loop water system and set limits on how often loud backup generators can be tested.
Council members also proposed requiring an annual report on how well the data center is complying with all city ordinances.
If a company wanted to expand or “substantially modif[y]” its infrastructure, it would need to seek city approval.
Though the rules would only apply to future projects, both of the data centers currently underway in Independence would have been considered large projects.
The proposed Patmos data center in Independence, would have a starting capacity of 17.5 megawatts, with a potential expansion up to 70 megawatts, according to Second District Councilmember Brice Stewart. The Nebius data center currently under construction will start at 200 megawatts and will increase to at least 800 megawatts, with the potential of building up to 1,200 megawatts over several years.
Stricter regulations
The proposal also sets clearer expectations for how data center developers should engage with the Independence community, along with stricter guidelines around consequences for breaking city ordinances.
The new proposal wouldn’t block data developers from pursuing bonds or tax breaks. However, any data center seeking public tax incentives would be required to sign a Community Benefit Agreement with the city, laying out a set of proposed “public benefits proportional to the requested incentives.” This could include programs around minimizing environmental impact or prioritizing local labor.
Under the proposal, new data centers in Independence could lose their special use permit if they violate city ordinances. However, existing data centers in Independence would not be impacted by the proposed new rules.
The proposal also lays out a set of lighter guidelines for battery energy storage centers, proposing a 100-foot distance from schools, houses, hospitals and the like, along with similar restrictions on lighting and noise.
Council members will discuss the proposal further at Tuesday’s planning meeting. The proposal could pass in late August, with a public hearing set for August 17.
