Concrete or Asphalt batch plants​

Zoning code amendment to address concrete or asphalt batch plants in support of the adopted Comprehensive Environmental & Climate Action Plan (CECAP).


Planning & Urban Design hosted a series of public meetings to get input on the Draft regulations for Phase II of the concrete or asphalt batch plant code amendment of the two-phased strategy. View the meeting presentations and videos below prior to changes to State Law (HB 929 and , 88th Legislature).


BACKGROUND

On November 12, 2021, a memo was prepared on strategies to effectively address batch plants at the request of Councilmember Blackmon, Chair of the Environment & Sustainability Committee. The memorandum provided an outline of strategies to effectively address batch plants in ways that protect our community, enhance local air quality, improve public health, and provide appropriate locations for batch plant operations in the City. Staff identified zoning changes as a strategy to better define where these operations should be allowed. On, January 28, 2022, staff prepared a memo on a phasing approach to address batching plant zoning regulations.


Temporary concrete or asphalt batching plants were previously allowed in most of the zoning districts across the City, including residential districts with administrative approval by the Building Official and is approved if limited criteria such as screening and buffering can be met. Planning and Urban Design staff initiated a zoning code amendment for concrete batch plants in support of the adopted Comprehensive Environmental & Climate Action Plan (CECAP) goal of ensuring new industries are an appropriate distance away from neighborhoods. Given the urgency of permanent and temporary concrete batching plant permits near sensitive uses such as residences, parks, and schools and the need to provide a public process for these uses, staff proposed a two-phased approach.


PHASE I
To immediately address the lack of public process for these industrial land uses, staff proposes removing the administrative and by-right approval process allowed by Code and adding a Specific Use Permit (SUP) process that will require public hearings in City Plan Commission (CPC) and City Council. Staff has initiated Phase I of this two-part approach and brought proposed zoning ordinance changes to the Zoning Ordinance Advisory Committee (ZOAC) meeting on February 10, 2022 and March 3, 2022. Please see the February 10, 2022 and March 3, 2022 case reports below for more information regarding the proposed two-phased approach and proposed zoning ordinances changes to the Dallas Development Code. On May 11, 2022 Dallas City Council adopted Ordinance No. 32209 for Phase I which requires a Specific Use Permit (SUP) for all temporary and permanent concrete or asphalt batch plants.

PHASE II
A review of concrete or asphalt batching plant and similar industrial land uses will be reassessed for appropriateness and may need further changes to land use categories with respect to land use intensity, and potential for residential and business adjacency, and other factors contributing to potentially incompatible industrial uses.
Phase II, or the longer- term approach will entail a more comprehensive and holistic strategy that staff anticipates will take approximately 6 to 8 months to develop recommendations and present to City Council.
Longer- term strategies will include, but not be limited to departmental coordination, including our legal team for consideration of implications on existing land uses with respect to code land use changes, public outreach meetings, meetings with industry and professional organizations, research of local and national cities regulations and best management practices, and external meetings and coordination with state and federal jurisdictions, such as Texas Commission on Environmental Quality (TCEQ). Due to changes in State Law, Phase II is no longer being proposed.  The ordinance passed by the City Council on May 11, 2022 (Phase I) which requires a Specific Use Permit (SUP) for all temporary and permanent concrete or asphalt batch plants will remain in effect and this code amendment is completed. 


More information:
Lori Levy, AICP
(214) 671-8114 or lori.levy@dallascityhall.com


Phase II Meetings