SPANISH FORT, Ala. — Discussion of a proposed contractor’s storage yard dominated Monday’s more than two-hour Planning Commission work session even though the nine-member body already recommended the City Council deny the rezoning request that would make the use possible.

At issue is businessman Charles Renfroe’s request to rezone the Old Highway 31 property housing Asphalt Services Inc. from B-3, or general business, to M-1, or light industrial. Neighboring residents and business owners have argued publicly that the company’s activities—in addition to violating existing zoning regulations—produce disruptive levels of noise, dust and traffic incongruous with the activities of the neighboring business park.

Having already issued its decision, however, the commission is currently being asked only to review proposed restrictive covenants on the property designed to address those concerns and provide feedback to council members struggling with the rezoning decision.

Several commissioners during Monday’s meeting voiced concerns that commenting on the proposed covenants in any way implies support for the rezoning request they already recommended denying.

City Attorney David Conner said he understands the concerns, but he also noted that because the item would not come back before the commission should the council award approval, the covenants represent an opportunity for the zoning body to have input on the ground rules being set for the property.

Commissioner Tom Montgomery said the length and complexity of the issue has failed to breed “warm and fuzzy feelings” in him that even if the covenants are adopted they would be enforced any more successfully than the original zoning violations.

“Why wasn’t a halt put to the activity? Why has it escalated to this point,” asked Commissioner Maura Dismuke, echoing Montgomery’s concerns and those of the neighboring residents and business owners who spoke during the informal work session.

Businessman John Pate, who is planning to build a $1 million office building in the I-10 Commerce Park across from Renfroe’s 6.5-acre city parcel, said he is concerned by the lack of enforcement on Asphalt Services violation of the existing regulations, considering the property was clearly designated B-3 when purchased in August of 2008.

“Why is one person more important or have more power than the majority…This operation is a nuisance to surrounding neighbors and property owners, and I hope it will be turned down for the betterment of the whole,” Pate said.

Sonny Nichols, who owns the commerce park, echoed Pate’s concerns said he would appreciate the commission’s close consideration because the issue has been a “little out of hand.”

Resident Al Morgan said although he understands the covenants are designed to address noise, dust and other “offensive activities,” the question remains as to the city’s “ability to regulate (violations) in the future.”

Former City Engineer Ronnie Gibson chastised city leaders for disregarding existing zoning agreements with the tenants of the commerce park by allowing Asphalt Services “incompatible” activities to continue so long.

“City government is not just about running police departments and generating revenue. It’s also about growth management and hard decisions,” he said.

Gibson also argued that the council’s request for the commission to review the proposed covenants “presumes the decision to rezone has already been made,” and he said the covenants simply “mask the intention of Mr. Renfroe” to continue operating a nonconforming operation.

 Commissioners will decide during the April 12 meeeting whether to forward feedback to the City Council in advance of its April 19 regularly scheduled meeting.

In an unrelated item, the commission also discussed land use and site plan requests for a proposed five-home manufactured home park on Spanish Brook Drive East, submitted by Sinking Ship LLC.

Mike Dassinger of Daphne originally submitted the request for a 21-unit park prior to the city’s enactment of a moratorium on multi-family housing permits, but his request was denied. Because Dassinger filed suit challenging the negative recommendation before the moratorium took effect, Conner said the revised request for less than one-third of the original units is being considered as a compromise to settle the litigation.

In other business the commission:

The next regular meeting of the Planning Commission will be held at 6:30 p.m. April. 12, following a 6 p.m. work session at the Gathering Place in the Prodisee Center. An informal work session is slated for 6 p.m. April 26 in the conference room at City Hall.