Ordinance No. 16,297 (Item 6.b.) ORDINANCE NO. 16,297
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 SUBURBAN RESIDENTIAL(SR)ZONING DISTRICT,LOCATED AT
1004 BOB SMITH ROAD, 1010 BOB SMITH ROAD, 1106 BOB SMITH ROAD, AND
3223 WALKER ROAD, BAYTOWN, TEXAS, ON FOUR PARCELS TOTALING
APPROXIMATELY 9.26 ACRES; PROVIDING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO.'100 DOLLARS ($2,000.00); AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXCECUTE AND THE CITY CLERK TO
ATTEST TO SUCH PERMIT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR THE PUBLICATION FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the property is 1004 Bob Smith Road, 1010 Bob Smith Road, 1106 Bob Smith
Road, AND 3223 Walker Road, on four parcels totaling approximately 9.26 ACRES of land, legally
described as TR 21 A ABST 709 J W SINGLETON, TR 21 ABST 709 J W SINGLETON,TR 24 ABST
709 J W SINGLETON, and TRS 22 & 23 ABST 709 J W SINGLETON, Baytown,Texas; and
WHEREAS, the proposal is to allow the construction of a Battery Energy Storage System in a
Suburban Residential (SR) 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 SR zoning district; and
WHEREAS, the Planning and Zoning Commission of the City of Baytown and the 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
and safety, and will conform in all other respects to all applicable zoning regulations and standards; and
WHEREAS, on October 2151, 2025 the Commission submitted its final report that is to be used by
the City Council in its consideration of the special use permit as set forth in §7.44 of the ULDC,
recommending approval of the SUP with the following conditions:
1) BESS containers must be located a minimum of 200 feet from all residential usesistructures and a
minimum of 100 feet from all other usesistructures;
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;
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4) The applicant shall be required to provide notice of neighborhood meetings and required public
hearings by mail to owners of land within 500 feet of the property line of the property on which the
proposed BESS operations are proposed to occur, per Sec. 7.25 Public Notice.
5) At least one neighborhood meeting must be held to inform residents of the area of this planned
project;
b) Construction must meet NFPA 855 standards and all other applicable codes;
7) 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 October 23', 2025; 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,to be true and correct.
Section 2: That the City Council of the City of Baytown, Texas, hereby grants the Special Use
Permit which shall be developed in accordance with the City of Baytown ordinances and Land
Development Code and is granted on the following conditions:
1) BESS containers must be located a minimum of 200 feet from all residential usesistructures and a
minimum of 100 feet from all other uses.-structures;
2) The project site must be screened by a masonry wall, minimum of b 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) The applicant shall be required to provide notice of neighborhood meetings and required public
hearings by mail to owners of land within 500 feet of the property line of the property on which the
proposed BESS operations are proposed to occur, per Sec. 7.25 Public Notice.
5) At least one neighborhood meeting must be held to inform residents of the area of this planned
project;
G) Construction must meet NFPA 855 standards and all other applicable codes;
7) A decommissioning plan must be submitted before any permits will be issued for construction; and
A site map and legal description of the areas is attached hereto as Exhibit "A" and incorporated
herein for all intents and purposes, to the property owner to allow the construction of a Battery Energy
Storage System in a Suburban Residential (SR) zoning district subject to these conditions.
Section 3: 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 4: That the Chief Building Official shall not issue a building permit or a certificate
of occupancy 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.
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Section 5: 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 6: 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 7: That the terms and provisions of this ordinance are severable and are governed
by Chapter 1 of the Baytown Code of Ordinances.
Section 8: 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.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 13"'day of November, 2025.
a'"1�! CHARLES JO JNMa�
or ATTEST:
r�
ANGE JACKS N, City Clerk
t11. »YZ ',,V Pal:an°� + -
APPROVED AS O F RM:
SCOTT LEMO D, City Attorney
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R-Ordinances and Resolutions Resolution Drafts Ciiy Council 2025-11 13 Ordinance SUP BESS Storage 9 acres at 1010 Bob Sin &Exhibit
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