Independence looks to add more regulations, guidelines for future data center development

INDEPENDENCE, Mo. — KSHB 41 reporter Isabella Ledonne reports on stories in Overland Park, Johnson County and topics about government accountability. She's been reporting on data centers extensively across the Kansas City metro. Share your story idea with Isabella.

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The City of Independence is looking to add more regulations and guidelines to the city code for future data center and battery energy storage system facilities.

This comes after the Independence community has significantly pushed back against the development of the Nebius hyperscale AI data center and the current zoning laws.

Last month, Independence adopted a data center moratorium to put new development proposals on pause until January. But the moratorium hasn't stopped the conversation on what future developments would have to adhere to.

Neighbor Daniel Moorehead is a leader with Independence GUARD Alliance and has been at the forefront of the fight for more data center regulations in Independence. He explained he wants to see more protections for neighbors near industrial sites.

Jake Weller

"The same zoning that allowed for Nebius will allow for Patmos and any other data center that wants to come in," Moorehead said. "I think what [Independence has proposed so far] is a far cry better than what they had currently, but they really need to go a full measure forward."

Here's what city council is considering adding to the city code with the updated regulations:

• Large data centers, often referred to as hyperscale, can't be within 500 feet of homes, schools, parks, playgrounds, daycares, nursing homes, hospitals or religious assembly uses.
• Facilities should use a closed-loop water system, which uses significantly less daily water.
• Data center companies receiving any local, state or federal incentives must enter into a community benefit agreement that delivers promised benefits related to workforce development, local hiring goals, partnerships with local schools and contributions toward public infrastructure improvements.
• Neighbors within 1 mile of the subject property's boundaries must be notified at least 15 days before the required neighborhood meeting.

Moorehead explained the proposed regulations are a good start, but asked the city council on Monday night to hold off on their decision to put more protections in place.

"We have plenty of time to work on those things," Moorehead said.

Last month, the Independence Planning Commission did not approve a recommendation for the regulations on the basis that commissioners wanted more information.

The city council ultimately listened to the planning commission and neighbors like Moorehead and agreed to postpone taking up the regulations until the September meeting.

Independence's city manager explained that the revised regulations following the planning commission's decision came last Friday.

Jake Weller

"Right now, I feel like we have a pretty good fit. Not everybody is going to agree with the recommendations on either side," Troy Anderson said. "The issue we're wrestling with right now is not necessarily land use concerns. It's more utility-related. What we’re keeping a really close eye on in the next couple of years and in the next decade is where we are on utility infrastructure. Can we continue to support continued growth and expansion, particularly in the industry sectors?"

City council and staff plan to spend the next few weeks informing residents and the community of the regulations and guidelines for data center and battery energy storage facilities.

"I think there are people on the city staff and city council who are now paying attention," Moorehead said.

You can find more coverage on data centers in Independence here.

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