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(5)(c)
CITY COMMISSION REGULAR MTG
Meeting Date:
08/06/2025
Title:
Public Hearing for comments on the zoning change of 38.653 acres from District H Heavy Industry to District SP Site Plan for a Battery Energy Storage System (BESS) located in an area south of the GCWA canal, north of Moses Bayou, east of South Humble Camp Rd., and west of property owned by the Galveston Bay Area Foundation
Submitted For:
Kim Golden
Submitted By:
Curt Kelly, Transportation and Planning
Department:
Transportation and Planning

Information

ACTION REQUEST

Public Hearing for comments on the zoning change of 38.653 acres from District H Heavy Industry to District SP Site Plan for a Battery Energy Storage System (BESS) located in an area south of the GCWA canal, north of Moses Bayou, east of South Humble Camp Rd., and west of property owned by the Galveston Bay Area Foundation

BACKGROUND (Brief Summary)

The applicant, Red Egret, LLC, requests a Zoning change of a 38.653-acre site from District “H” (Heavy Industrial) to District “S-P” (Site Plan) for development and operation of a battery electric storage system (BESS) utilizing lithium-ion battery technology. TNMP, as the current owner of the property, is a co-applicant for the zoning change. The requested actions are cross conditioned upon approval of all pending applications. 

The applicant, Red Egret LLC, states an intent to build, own and operate a proposed BESS project at the subject location.  The project proposes to develop 149 lithium-ion containers and 75 medium voltage transformer skids with room for additional future containers to maintain full project capacity of 300 MW, 600 MWh over the life of the project at the site. The applicant seeks to begin construction in 2025 with the project to be online and fully operational in 2026. The proposed project will encompass 38.653 acres of vacant property which is landlocked with no public access and no access to public water or sewer. The location is in an area south of the GCWA canal, north of Moses Bayou, east of South Humble Camp Rd., and west of property owned by the Galveston Bay Area Foundation. The applicant states the site is 2,000 feet from the nearest occupied structure. The property is currently zoned District “H” (Heavy Industrial). The applicant proposes to access the site through private easements. 

The applicant has a lease and purchase agreement with TNMP with the intent to purchase the project site once the project begins commercial operations.

TNMP Freeway Park Substation – The applicant states it has an interconnect agreement in place with TNMP for the Freeway Park Substation located at 25th Ave N and SH 3. The Freeway Park Substation was recently rebuilt by TNMP and functions to convert high-voltage electricity supplied to the substation by long-distance transmission lines to lower voltage which is then distributed from the substation to nearby homes and businesses. TNMP will connect to the BESS project through infrastructure upgrades within TNMP’s existing land rights. 

At its regular meeting on July 7, 2025, the Planning Board reviewed and approved a Detailed Site Plan for the requested rezoning upon certain conditions to be memorialized in a Development Agreement approved by the City Commission. 

The Zoning Commission held a public hearing upon notice to adjacent property owners on July 15, 2025.  The Notice of the Zoning Commission Hearing was mailed to 4 property owners within 200 ft.  No letters of opposition were received and no one appeared at the hearing held on July 15, 2025 to oppose the zoning change.  After conducting the public hearing and having all questions answered by the Applicant the Zoning Commission voted 4-0 to recommend approval of the zoning change from District H Heavy Industrial to District SP Site Plan subject to the Detail Site Plan approved and the conditions recommend by the Planning Board.

The Applicant agreed with the conditions and has provided a Development Agreement for approval by the City Commission.  
 

RECOMMENDATION

At its meeting on July 7, 2025 the Planning Board voted 4-0 to approve the proposed Site Plan for the referenced project and to recommend the zoning change upon conditions to be memorialized in a Development Agreement approved by the City Commission.  AT its meeting on July 15, 2025 the Zoning Commission held a public hearing upon notice mailed to adjacent property owners.  No written comments were received and no comments were presented in opposition to the zoning change at the public hearing.  Following the close of the public hearing the Zoning Commission voted 4-0 to recommend approval of the zoning change from District H Heavy Industrial to District SP Site Plan subject to the Detailed Site Plan and conditions recommended by the Planning Board as follows: 

1. Posting of financial security satisfactory to the City for the commissioning and decommissioning of the project.
2. Installation of three (3) 30,000-gallon water tanks on the site at locations approved by the Fire Marshal, to be replaced by connection to a public water source if and when such source becomes available to the site.
3. Landscaping improvements and requirements for platting and access to public utilities to be deferred until other development is approved within 500ft of the property, provided the existing suitable vegetation shall be retained and maintained  to provide screening of the project until  future installation of the required landscaping improvements.
4. Private access easements in form and content acceptable to the City to be allowed for 25ft paved access suitable for the ingress and egress of emergency response and public safety vehicles. 
5. Security fencing and screening acceptable to the City to be installed around the project, which shall consist of no less than pre-cast concrete panels. Specific plans and specifications to be reviewed and approved through the building permitting process
6. Posting of financial security for the maintenance of access during construction and direct payment for the repair and restoration satisfactory to the Director of Public Works of any damage caused by the project related construction traffic to public streets.

The Developer has signed an approved Development Agreement which memorializes the recommended conditions.  

City staff including the City Engineer, the Chief Building Official, the Fire Marshal, and the Director of Emergency Management have reviewed the recommended Detailed Site Plan and conditions to be memorialized in a Development Agreement and offer no objection to the zoning change from District  "H" (Heavy Industrial) to District "SP" (Site Plan) for the new BESS project.

Fiscal Impact

Attachments