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Independence unanimously approved a resolution Monday imposing a 180-day moratorium on new data center and battery energy saving systems (BESS) projects within city limits, drawing cautious praise from residents who say the pause is a step in the right direction — but not enough to address projects already underway in the Little Blue Valley.
The moratorium does not apply to existing projects, including a large Nebius data center the council approved in March, or a second data center application submitted by Patmos, which opponents said created urgency for the council to act.
Daniel Moorehead, who leads the Independence GUARD Alliance and lives on Bly Road near the Nebius site, said the moratorium falls short of what residents need.
"I'll call it a quarter measure,” he said. “It's a good start. We really need a lot more than that.”
Moorehead said zoning laws must be updated to give the city more control over where data centers can be built.
"The zoning absolutely has to be updated because right now you can put a data center anywhere in (Industrial)-1 and it's right of use,” Moorehead said. “They can just come in and put it wherever they want, and that's exactly what Patmos has already done.”
Patmos has applied to build a data center in a warehouse along Little Blue Parkway. At a maximum of 50 megawatts, it would pale in comparison to the Nebius hyperscale AI data factory, which will be 1.2 gigawatts at full build out.
Hanna Albina, a plant nursery worker and fellow GUARD Alliance member, said she has mixed feelings about the moratorium and wants the city to revisit the Nebius project during the pause.
"I have complex feelings about the moratorium because I almost feel like... it's too little too late for me," she said.
Albina said she is concerned about the environmental impacts of data centers she believes are operating with insufficient oversight.
"The projects that are currently being built need more scrutiny, and they need revision," Albina said.
Second District Councilman Brice Stewart, who voted against the Nebius project and sponsored the moratorium, said he believes residents in his district would have rejected the Nebius development if given the chance to vote on it directly.
"I truly believe that if the Nebius data center would have been put up for a vote of the residents of District 2, it most likely would have failed," Stewart said.
Stewart explained the moratorium could not be written to cover projects already in progress because of the legal risk it would create for the city.
"We just could not do that,” he said. “The litigation of the result for that, we would not be able to do it. We would most likely lose in court if we tried to stop something that was already in the process.”
Moorehead said he has raised concerns with the city about Nebius conducting construction outside permissible hours, including a 4 a.m. concrete pour and blocking roads not permitted for construction use. He said the issues reflect a pattern of the city prioritizing developers over residents.
"There's just so many issues where they've really put NorthPoint, Nebius and Arco above the value of the citizens, all for the hope of a bit of money that's promised but there’s no guarantee on those things," Moorehead said.
Nebius disputed that characterization, saying the early morning concrete pour was within compliance of all city regulations for noise levels for commercial work and that work stopped immediately when the city made contact.
"Nebius is committed to being a good neighbor at our site, and to the city of Independence as a whole,” the Netherlands-based technology company said in a statement to KSHB 41 News. “The construction crews at the Independence site did one early morning concrete pour early on — well within compliance of all city regulations for noise levels for commercial work. When the city contacted the crews, work immediately stopped. Ever since, we have continued to work closely with the city, abide by all regulations and lessen impacts to area residents. That includes a multitude of proactive mitigation measures, quick response to resident complaints and proactive resident communication and engagement.”
Stewart said he personally visited the site to remind security to use the proper construction entrance and has forwarded complaints to city staff.
"It has come to my attention, it was just an incident yesterday, and I forwarded to city staff and they are looking into it," Stewart said.
The city of Independence confirmed it is aware of resident concerns about construction activity at the Nebius site, including questions about work occurring outside hours permitted by city code.
"As with any concern brought to our attention, city staff reviews the information received and works directly with the appropriate parties to address potential compliance issues,” the city said, in part, in a statement to KSHB 41. “The city has been in regular communication with Nebius and its contractors throughout the construction process regarding applicable code requirements.”
Independence went on to say it works with developers and contractors to achieve compliance when concerns are identified and will continue to monitor the project.
"The city remains committed to balancing quality of life for nearby residents with supporting responsible development that complies with local regulations," the city said.
Despite his frustrations, Moorehead said he views the moratorium as a small but meaningful victory.
"Not quite where we need to be, but better,” he said. “We'll take a little bit of a win over no win at all.”
The Jackson County Legislature passed its own 180-day moratorium on projects in unincorporated parts of the county in late June.
Across the state line, residents have successfully fought several data center projects, including one in Gardner.
The Edgerton Planning Commission voted down a project in early June, while Leavenworth County passed a 90-day moratorium in mid-May.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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