Tomball City Council denies conditional use permit for battery storage system

Tomball City Council unanimously denied a request to issue a conditional use permit to allow a battery energy storage system within city limits at its June 19 meeting.
(Lizzy Spangler/Community Impact)

Community Impact
By Lizzy Spangler | 9:51 AM Jun 21, 2023 CDT
Updated 9:51 AM Jun 21, 2023 CDT

An electric storage system will not be coming to Tomball after City Council unanimously denied a request to issue a conditional use permit to allow a battery energy storage system within the light industrial zoning designation during its June 19 meeting.

In a nutshell

According to the June 19 agenda, Michael Kirtley, represented by Black Mountain Energy Storage, requested:

• To change his land located along Pitchford Road in Tomball from agricultural to light industrial zoning
• A conditional use permit to allow for a battery storage system within the light industrial zoning

City Council unanimously approved the rezoning request and unanimously denied the conditional use permit request.

Explained

According to an ordinance adopted by City Council March 6, an electric storage system is defined as “one or more devices assembled together capable of storing energy that allows power system operators and utilities to collect and store energy from the grid and discharge it at a future time to provide electricity when needed, such as to ensure adequate peaking generation capacity and grid resiliency.”

• The battery storage system consists of shipping containers with batteries in them, said Sam Jackson, the director of development for Black Mountain Energy Storage, during his presentation.
• Jackson said the project’s safety features include smoke detectors, heat detectors and gas ventilation.
• According to Black Mountain Energy Storage’s presentation, a project like this resolves transmission congestion, increases electric reliability and is a tax contributor.

What else?

• City staff notified properties within 2,000 feet of the project property about the public hearing on the conditional use permit, and received six responses in favor and 11 responses in opposition, City Planner Jared Smith said during the meeting.

What they’re saying

During discussion, council members asked questions about the project’s location and the safety of a facility like this as well as expressed concerns about the potential for fire.

• “I am very very fearful of putting lithium batteries in any place that has people,” Position 4 Council Member Derek Townsend said. “I was a firefighter. I know what the effects of lithium batteries catching on fire are and what you have to do to put them out.”
• “I love the idea; I love the technology,” Position 1 Council Member John Ford said. “I think we need to expand the grid. But our community’s saying no. And council has to listen to that. And so that’s where I struggle, and I’m afraid at this point I’m a no.”
• “I’m nervous about putting it in the city limits,” Position 3 Council Member Dane Dunagin said.
• “Until the community itself becomes a little bit more comfortable with the idea of having one of these basically in somebody’s backyard, it’s going to be very difficult for us as a council to move forward with something like this,” Position 5 Council Member Randy Parr said.
• “We’re not ready for this in our 13 square miles,” Mayor Lori Klein Quinn said.

The takeaway

All members of City Council voted to deny the conditional use permit for the battery storage system.