Legislation Details

File #: 26-1809    Name:
Type: General Business Status: Agenda Ready
File created: 11/10/2026 In control: Broken Arrow City Council
On agenda: 11/16/2026 Final action:
Title: Consideration, discussion, and possible approval of and authorization to execute Resolution No. 1783, a resolution of the City Council of the City of Broken Arrow, Oklahoma, making updated legislative findings pursuant to Section 6-4-6 of Appendix A – Zoning Ordinance demonstrating the continued need for an extension of the temporary moratorium on certain data center development applications established by Ordinance No. 3929; extending Division 6-4 and the moratorium for an additional period not to exceed six (6) months beyond the original expiration date; ratifying and incorporating prior legislative findings; directing publication; providing for severability; and declaring an effective date
Attachments: 1. 11-16-2026 Resolution No. 1783 - Moratorium extension, 2. ORD 3929 2026 ZONING-DIVISION 6-4 DATA CENTER MORATORIUM
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Broken Arrow City Council

Meeting of: 11-16-2026

 

Title:

title

Consideration, discussion, and possible approval of and authorization to execute Resolution No. 1783, a resolution of the City Council of the City of Broken Arrow, Oklahoma,  making updated legislative findings pursuant to Section 6-4-6 of Appendix A - Zoning Ordinance demonstrating the continued need for an extension of the temporary moratorium on certain data center development applications established by Ordinance No. 3929; extending Division 6-4 and the moratorium for an additional period not to exceed six (6) months beyond the original expiration date; ratifying and incorporating prior legislative findings; directing publication; providing for severability; and declaring an effective date

End

 

Background:

The City Council of the City of Broken Arrow adopted Ordinance No. 3929 on June 15, 2026, with the emergency clause ruled upon separately, which Ordinance created Division 6-4, Data Center Moratorium, within Chapter 6 of Appendix A - Zoning Ordinance, and was published on June 19, 2026, and June 24, 2026, thereby establishing a temporary moratorium on the acceptance, processing, approval, and issuance of permits and development approvals for certain new data center developments within the City in order to protect the public health, safety, and welfare while the City studies and develops permanent regulations addressing such uses.

 

Section 6-4-6 provides that Division 6-4 and the moratorium shall remain in effect until the earlier of December 31, 2026, or the date on which the City Council adopts ordinances or amendments that specifically and comprehensively address the regulation of data centers; authorizes the City Council, by resolution adopted prior to the expiration date and upon updated legislative findings demonstrating the continued need for study or regulatory development, to extend the duration of the moratorium for one or more additional periods not to exceed a total of six (6) months beyond the original expiration date; and requires that any extension resolution be published in the same manner as Ordinance No. 3929.

 

Following adoption of Ordinance No. 3929, the City  has diligently pursued the study and regulatory development work identified in Ordinance No. 3929. The City Council finds that the study and regulatory development process remains ongoing and that additional time is necessary to complete technical review, infrastructure analysis, public engagement, utility coordination, consultant review, drafting of regulatory language, Planning Commission consideration, and final City Council review and adoption of permanent regulations. City Council finds that the factual conditions and public welfare concerns supporting Ordinance No. 3929 continue to exist and that acceptance or approval of new data center development applications before completion of the regulatory process could impair the City’s ability to adopt and implement a comprehensive land use framework addressing the unique characteristics of such facilities.

 

Cost:                                                                $0

Funding Source:                     None

Requested By:                      Trevor Dennis, City Attorney

Approved By:                      City Manager’s Office

Attachments:                                          Resolution No. 1783
                                    Ordinance No. 3929

Recommendation:

recommend

Approve and authorize execution of Resolution No. 1783.

end