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Ordinance No. 16,207 ORDINANCE NO. 16,207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT(SUP)FOR A BATTERY ENERGY STORAGE SYSTEM IN A GENERAL COMMERCIAL(GC)ZONING DISTRICT, LOCATED AT 2015 MASSEY TOMPKINS ROAD, ON AN APPROXIMATELY 15.46 ACRE PARCEL;AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXCECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* WHEREAS,the property is located at 2015 Massey Tompkins Road, Baytown,Texas 77521, on approximately 15.46 acres of land, legally described as PT TR 3 ABST 69 C SMITH; and WHEREAS,the proposal is to allow the construction of a Battery Energy Storage System in a GC zoning district; and WHEREAS, the Unified Land Development Code (ULDC) allows the issuance of a special use permit for a Battery Energy Storage System to be constructed in a GC zoning district; and WHEREAS, the Planning and Zoning Commission (the "Commission") held a public hearing on July 15th, 2025; and WHEREAS, on July 15th,2025 the Commission submitted its final report that is to be used by the City Council in its consideration of the amendment as set forth in § 7.44 of the ULDC, recommending approval of the SUP with the following condition: 1) BESS containers must be located a minimum of 200 feet from all residential uses/structures and a minimum of 100 feet from all other uses/structures; 2) The project site must be screened by a masonry wall, minimum of 6 feet tall; 3) The project site must be screened using bufferyard"B" from ULDC Table 3.43-2 adjacent to any commercial districts and bufferyard "C" adjacent to any residential districts; 4) At least one neighborhood meeting must be held to inform residents of the area of this planned project; 5) Construction must meet NFPA 855 standards and all other applicable codes; 6) A decommissioning plan must be submitted before any permits will be issued for construction; and WHEREAS, the City Council held a public hearing on the SUP on August 14, 2025; and WHEREAS, after the public hearing, the City Council discussed and considered the SUP; 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,to be true and correct. Section 2: That the City Council of the City of Baytown,Texas,hereby grants the Special Use Permit,which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes,to the property owner for the construction of a Battery Energy Storage System in a GC zoning district. Section 3: That the City Council of the City of Baytown,Texas,hereby authorizes and directs the City Manager to execute and the City Clerk to attest to the Special Use Permit,which is attached hereto as Exhibit "A". Section 4: This ordinance shall take effect September 1, 2025. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 14th day of August, 2025. cw.) CHARLES J SON, Mayor ATTEST: r ANGEL KSON, City Clerk APPROVED AS ARM: SCOTT LE O , City Attorney 2 Exhibit "A" CENT ERPOINTE UTILITY f 1 ' ARU/SUB.LOCATION AND , S TO BE DETERMINED BY II A'A TUTURE DATE ' ; 1 1 ` ` 1 \\ ,i 1 , \\ 1 ` „ _, ,,.1 0 0© • % \ % 1 1 \ •,....-- • ''..----"" 1 t ; 1 r \\ '1 , , �, , \ ,1 ` , ` 1 ` % 1 ` 3