Independence hits pause on data centers as Nebius construction moves forward

INDEPENDENCE, Mo. (KCTV) - The Independence City Council voted 7-0 Monday to impose a six-month moratorium on new data center approvals, halting future permits while construction on an already-approved Nebius data center continues near a residential neighborhood.

The moratorium applies only to new proposals. The Nebius project, which broke ground in May, is not affected.

Council cites outdated zoning rules

Councilman Brice Stewart, who represents District 2 and sponsored the moratorium, said the city’s existing rules were not written with large-scale data centers in mind.

“I understand their frustration,” Stewart said. “I mean, obviously, I guess the forethought was not there to do this before. I don’t think anybody could have imagined what a data center would be now compared to what it was then.”

The initial rezoning that allowed data centers in Independence was approved in 2022. Stewart said he did not want the city to reach ten data centers without updated zoning in place, noting the council had also received a second data center application.

The council also passed a temporary ban on new battery energy storage sites Monday. Similar moratoriums are already in place in Jackson County and Kansas City.

Zoning changes head to planning commission

City Manager Troy Anderson said staff began drafting code amendments before the vote, anticipating the council’s direction.

“Here’s an opportunity to get your voice heard,” Anderson said. “Government at its finest, where we’re actually being diligent and engaging the community where they’re at.”

Proposed zoning changes are scheduled to go before the Planning Commission next week. Under the draft amendments, large data centers — defined as those above 2.5 megawatts — would be reclassified from a use by right to a special use permit, requiring additional scrutiny and public review. Data centers below that threshold would be classified as small. Anderson said the city council could take up the commission’s recommendation as early as mid-August.

Neighbors say moratorium comes too late for them

Residents living near the Nebius construction site said the moratorium does not address the impacts they are already experiencing. Howard Hoff, who has lived in the area for 30 years, said he does not believe the current project can be stopped.

“I don’t personally know that we can do anything about what’s going on now,” Hoff said. “We didn’t get that opportunity.”

Hoff said concrete trucks, gravel trucks, and heavy equipment have been a constant presence since construction began. A nearby road was closed April 1 to accommodate the project, rerouting residents who previously used it as their primary exit.

In an email, a Nebius spokesperson said the company has been sending periodic updates to Bly Road residents and has posted guards at the intersection of Bly Road and Bundschu Road to intercept and redirect construction traffic away from the neighborhood.

Daniel Moorehead, a nine-year Independence resident and leader of the Independence Guard Alliance, said the moratorium falls short because it does not apply to the Nebius project or a second data center application already in the pipeline.

“When you have a moratorium that doesn’t stop current items, you’re effectively saying I have special interest in keeping the current items active,” Moorehead said. “It’s only a half measure.”

Moorehead said his group drafted a broader moratorium that would have paused current construction and required a full site plan from Nebius, which he said has not been submitted to the city. He said the alliance is prepared to pursue legal action if additional demands are not met.