Ordinance No. 15,576 ORDINANCE NO. 15,576
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
GRANTING A SPECIAL USE PERMIT FOR A BATTERY ENERGY STORAGE
SYSTEM; PERMITTING THE FOLLOWING PROPERTY, WHICH IS PRESENTLY
ZONED AS A GENERAL COMMERCIAL ("GC") ZONING DISTRICT: BEING A
TRACT OF LAND CONTAINING APPROXIMATELY 2.1 ACRES LOCATED AT
APPROXIMATELY 5141 GARTH ROAD,MORE SPECIFICALLY NORTH OF WEST
CEDAR BAYOU LYNCHBURG ROAD AND WEST OF GARTH ROAD,AND BEING
MORE PARTICULARLY DESCRIBED AS LOT 2B, GARTH ROAD HOLDINGS
REPLAT; PROVIDING THAT THIS SPECIAL USE PERMIT SHALL BE GRANTED
SUBJECT TO CERTAIN CONDITIONS; PROVIDING A MAXIMUM PENALTY OF
TWO THOUSAND AND NO.'100 DOLLARS ($2,000.00); AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO SUCH PERMIT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
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WHEREAS,Nathan Vajdos owns approximately 2.1 acres of land(the"Property")and requests an
amendment to the zoning ordinances to allow the Property, which is currently zoned as a General
Commercial("GC")Zoning District,to be used as a Battery Energy Storage System("BESS");and
WHEREAS,the Planning and Zoning Commission of the City of Baytown and the City Council of
the City of Baytown ("City Council"), in accordance with the Charter of the City of Baytown, state law,
and the ordinances of the City of Baytown,have given the required notices and have held public hearings
regarding the rezoning of the property described in this special use permit ordinance;and
WHEREAS, the City Council finds that this use will be compatible with and not injurious to the
use and enjoyment of adjacent property or property immediately across the street; will not significantly
diminish or impair property within the immediate vicinity in any material way; will not impede the normal
and orderly development and improvement of surrounding property;will contribute to,enhance or promote
the general welfare of the area of request and adjacent properties; will not be detrimental to the public
health,safety,and will conform in all other respects to all applicable zoning regulations and standards;and
WHEREAS,the City Council finds that it is in the public interest to grant this special use permit,
subject to certain conditions;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the facts and recitations contained in the preamble of this ordinance are hereby
found and declared by the City Council of the City of Baytown, Texas ("City Council") to be true and
correct.
Section 2: That the zoning ordinances of the City of Baytown are amended to allow the
following property (the "Property"), which is presently zoned a General Commercial ("GC") Zoning
District,to be used under this special use permit for a BESS use:
Approximately 2.1 acres, located at approximately 5141 Garth Road, more
specifically north of West Cedar Bayou Lynchburg Road and west of Garth Road, and
being more particularly described as Lot 213,Garth Road Holdings Replat.
Section 3: The special use authorized and permitted by this ordinance shall be developed in
accordance with the City of Baytown ordinances and Land Development Code and is granted on the
following conditions:
1. Use:The only use authorized by this special use permit is a BESS.
2. Site Plan: Use and development of the property must comply with the site plan, attached
to this ordinance as Exhibit "A."
3. Expiration of special use permit:A lapse of a period greater than twenty-four(24)months
from the date of City Council approval causes this special use permit and all related
approvals or permits to expire and be of no further force and effect unless one of the
following conditions are met:
a. A certificate of occupancy is issued for the use specified in this special use permit;
or
b. If no certificate of occupancy is required, a certificate of completion for the use
specified in the special use permit is issued.
Section 4: That all paved areas,permanent drives,streets,and drainage structures,if any,on the
property must be constructed in accordance with standard City of Baytown specifications,and completed.
Section 5: That the Chief Building Official shall not issue a building permit, certificate of
occupancy,or certificate of completion for a use authorized by this special use permit on the Property until
there has been full compliance with this ordinance, the Land Development Code, the construction codes,
and all other ordinances,rules and regulations of the City of Baytown.
Section 6: That any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the City of Baytown may pursue other remedies such as abatement of nuisances, injunctive relief,
administrative adjudication and revocation of licenses or permits.
Section 7: That the zoning ordinances of the City of Baytown,as amended,shall remain in full
force and effect,save and except as amended by this ordinance.
Section 8: That the terms and provisions of this ordinance are severable and are governed by
Chapter 1 of the Baytown Code of Ordinances.
Section 9: That this ordinance shall take effect from and after ten(10)days from its passage by
the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
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INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 12'day of October 2023.
DON CAPETILLO,Mayor
ATTEST:
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CIL 0-
ANGELA TACKSON,CityF to
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APPROVED AS T FORM: OF.
SCOTT LEMOTI�D,City Attorney
R:Karen Anderson.ORDINANCES\2023\2023.10.12.S.Lemond.SUP Battery Storage.docx
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Regis Garth BESS-Special Use Application August 2023
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