Loading...
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, ON FOUR PARCELS TOTALING APPROXIMATELY 9.26 ACRES; 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 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 2 1 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; 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 (the "Commission') held a public hearing on November 111, 2025; and WHEREAS, on November 111, 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 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) 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; 6) 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 November 13', 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 SR 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 November 24", 2025. 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 A 1 W(ds s4'etv(sa D, City Attorney Exhibit " A" McCamey BEING situates in the J. W. Singleton Survey, State Abstract No. 709 and out of the H. W. Barkuloo Tract described by metes and bounds as follows: BEGINNING at a point in the West boundary line of the road commonly known as Barkuloo Road. which beginning point is 210 feet measured along the said West boundary line of said Barkuloo Road. Northward from its intersection with the North boundary line of the Brooks-Winfree Road, which BEGINNING POINT is also the northeast corner of that certain tract of land conveyed by Dulcena Barkuloo to L. S. Gilbert dated February 25, 1946; THENCE North along the West line of said Barkuloo Road to the distance of 420 feet to point for corner. being the Northeast corner of the tract here conveyed, THENCE in a Westerly direction along a line parallel to the North boundary line of the Brooks-Winfree road to the distance of 315 feet to the Northwest corner of the tract here conveyed, which point is also the Northwest corner of the J. M. Gilbert tract, THENCE in a Southerly direction along a line parallel to the West boundary line of the said Barkuloo Road to the distance of 420 feet to point for comer, being the Southwest comer of the tract here conveyed and also the Northwest comer of the aforesaid tract conveyed to L. S. Gilbert: THENCE in an easterly direction along a line parallel to the north boundary line of the Brooks-Winfree Road, which line is also the North boundary line of the said L. S. Gilbert tract to the distance of 315 feet to the POINT OF BEGINNING, containing within these metes and bounds THREE (3) ACRES of land. more or less. being the same land conveyed to J. T. Nixon (now deceased) by deed dated March 17, 1951 and recorded in the Deed Records of Harris County, Texas in Vol. 2252 at Page 643 under file No. 859278, to which reference is here made for pertinent purposes Ruiz LEGAL DESCRIPTION 1.5185 ACRES J. W. SINGLETON SURVEY. ABSTRACT NO. 709, HARRIS COUNTY, TEXAS Being a Tract or Parcel Containing 1.51185 Acres (66.147 Square Feet) of land situated in the J.W. Singleton Survey. Abstract No. 709. Harris County. Texas, being that same called 1'/2 acre tract conveyed from Maureen Chatham to Ricky Lynn Chatham described in Harris County Clerk s File No. 2010-0078865. said 1.5185 acre tract being more particularly described by metes and bounds as follows: Beginning at a 518 inch capped iron rod set set at the intersection of the North right-of-way line of Bob Smith Road (60 Foot Right -of Way) and the West Right -of -Way line of Walker Road (60 Foot Right of Way) being the Southeast corner of said 1'/2 acre tract and the herein described tract: Thence South 78 Degrees 18 minutes 24 seconds West, along the right-of-way line of Bob Smith Road, with the south line of said 1'/, acre tract, a distance of 315 00 feet to a 5/8 inch capped iron rod set for the Southeast corner of the Luis C. Loya called 4.10 acre tract described in Harris County Clerk's File No. 2017-387461, and being the Southwest corner of said 1'/: acre tract and the herein described tract: Thence North 12 degrees 12 minutes 32 seconds West, along the East line of said Luis C. Loya called 4.10 acre tract, with the West line of said 1'/: acre tract, a distance of 210.00 feet to a 5/8 inch capped iron rod set for the Southwest corner of the Claire M. McCamey and Milton M. McCamey called 3 acre tract, described in Harris County Clerks File No. X507150, and being the Northwest comer of said 1% acre tract and the herein described tract: Thence North 78 degrees 18 minutes 24 seconds East, along the South line of said Claire M. McCamey and Milton M. McCamey called 3 acre tract. with the North line of said 1'/: acre tract, a distance of 315.00 feet to a 5/8 inch capped iron rod set in the West nght-of-way line of said Walker Road. and being the Northeast corner of said 1% acre tract and the herein described tract: Thence South 12 degrees 12 minutes 32 seconds East. along the West right-of-way line of said Walker Road: with the East line of said 1 % acre tract, a distance of 210 feet. to the point of beginning and containing 1.5185 acres of land, more or less. Surveyed: December 27. 2022 WLS JOB NO. 901-22 Tim Wells White. RPLS No. 5742 Wells Land survey, LLC Loya DESCRIPTIONOF A 4.10 ACRE TRACTOR PARCEL OF LAND OUTTHEOF J W. SINGLETONSURVEY. ABSTRACT NO. 709, IN HARRIS COUNTY, TEXAS; SAID 4.10 ACRE TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO J.M., GILBERT, ETUX, BY DULCENA E. BARKULOO BY DEED DATED DECEMBER 16. 1947. AND RECORDED IN VOLUME 1764, PAGE 202 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, TO WHICH REFERENCE IS HERE MADE FOR ALL PURPOSES; THENCE. NORTH 80 DEGREES, 28 MINUTES, 00 SECONDS EAST. A DISTANCE OF 315.00 FEETTO A 5/8 INCH IRON ROD SET FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE. SOUTH 09 DEGREES. 32 MINUTES. 00 SECONDS EAST. A DISTANCE OF 630.00 FEET TO 518 INCH IRON ROD SET ON THE NORTH RIGHT-OF-WAY LINE OF BROOKS WINFREE ROAD (NOW BOB SMITH ROAD) FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT. THENCE. SOUTH 80 DEGREES, 28 MINUTES, 00 SECONDS WEST. A DISTANCE OF 200.00 FEET TO A 1 INCH PIPE FOUND FOR THE INTERIOR SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 09 DEGREES 32 MINUTES 00 SECONDS WEST A DISTANCE OF 200.00 FEET TO A 5/8 INCH IRON ROD SET FOR THE INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 80 DECREES, 28 MINUTES, 00 SECONDS WEST, A DISTANCE OF 100 00 FEET TO A 518 INCH IRON ROD SET FOR THE MOST NORTHERN AND WESTERN SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, BEING ALSO IN THE WEST BOUNDARY LINE OF THE TRACT CONVEYED BY THE J.M. GILBERT, ET UX IN THE DEED RECORDED IN VOLUME 1764, AT PAGE 202 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, THENCE. NORTH 09 DEGREES, 32 MINUTES, 00 SECONDS WEST, A DISTANCE OF 430.00 FEETTO THE POINTOF BEGINNING. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Therefore, any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. Gilbertha ALL THAT CERTAIN 0.46 ACRE LOT. T RACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE J.W. SINGLETON SURVEY, HARRIS COUNTY. TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES END BOUNDS AS FOLLOWS: BEGINNING AT A FOUND POWER POLE IN THE NORTH BOUNDARY LINE OF BOB SMITH ROAD (CALLED BOB SMITH ROAD) WHICH BEGINNING POINT IS 632.45 FEET MEASURED ALONG SAID NORTH BOUNDARY LINE OF SAID BOB SMITH ROAD. WESTWARD FROM A FOUND BAYTOWN MONUMENT AT ITS INTERSECTION WITH THE WEST BOUNDARY LINE OF THE BARKALOO ROAD, THENCE NORTH 11"27"28' WEST, WITH A LINE PARALLEL TO THE WEST LINE OF BARKALOO ROAD, A DISTANCE OF 200.00 FEET TO A FOUND 1/2" IRON ROD FOR CORNER. THENCE NORTH 78"29"58' EAST. WITH A LINE PARALLEL TO THE NORTH LINE OF BOB SMITH ROAD. A DISTANCE OF 100.00 FEET TO A FOUND 1 1/4" IRON PIPE FOR CORNER. THENCE SOUTH 11°27"28' EAST, WITH A LINE PARALLEL TO THE WEST LINE OF BOB SMITH ROAD, A DISTANCE OF 200.00 FEET TO A FOUND 1/2" IRON ROD FOUND FOR CORNER; THENCE SOUTH 78`29"58' WEST, ALONG SAID NORTH LINE OF BOB SMITH ROAD, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.46 ACRES.