The City of Katy on Jan. 27 amended its zoning ordinance to require special-use permits for defined heavy industrial uses and to explicitly identify battery energy storage systems (BESS) as a use requiring a special-use permit. After debate about regulation and oversight, the council directed staff to return with additional information and potential next steps on BESS projects within three months.

City planner Rachel Lazo told the council the changes respond to gaps discovered during a recent, contentious rezoning. “...there were a lot of other uses that were, I guess, antiquated and hadn't been looked at in quite a long time,” Lazo said. She explained the proposal would move heavy industrial uses into a category that requires a special-use permit and would “include battery energy storage systems as a called out use in the special use permit section.” Lazo added that the special-use permit requirement would give the city and developers a forum to negotiate site-specific design criteria.

Council members praised the update as a first step but several urged stronger standards. Council member Janet Court said the change was helpful but incomplete and pressed for clearer requirements for studies tied to future BESS proposals: “I think we need to be clear on, and more than anything, what studies need to be done for the area that is proposed? Environmental studies, plume studies,” Court said.

Following passage of the ordinance, Council member Dan Smith made a motion directing staff to return to council within six months “with more information regarding BESS projects and the possible creation of an advisory board for said projects.” Council member Janet Court moved to shorten that timeline. After a second and a roll-call voice vote, the council amended the motion to require staff to report back within three months; the amended motion carried.

The ordinance language amends the city's zoning ordinance (identified in the meeting as ordinance number 621) by updating Section 2 (definitions), Section 11M (industrial district) and Section 15 (special use permits) to define heavy industrial uses (noted to include processing and distribution of raw materials) and to place BESS explicitly in the permitting path. City Planning and Zoning recommended the change on Jan. 14.

Mayor Pro Tem Chris Harris moved adoption of the ordinance; Council member Gina Hicks seconded. After discussion about the need for further study and formation of an advisory or technical committee, the council adopted the ordinance and approved the staff-direction motion as amended. Council members discussed the option of a public workshop, formation of a study committee or advisory board, and drawing on ordinances from other municipalities as models.

The council did not adopt specific technical standards for BESS at the Jan. 27 meeting. Instead, it created a near-term process: staff will prepare options and recommended next steps and return to council within three months for further direction.