DAPHNE, Ala. — The Planning Commission Tuesday needed a super majority vote to send a favorable recommendation to the City Council on the rezoning of a tract of land.

With a vote of 5-2, — of which 6 votes are needed for the super majority — the commission will send an unfavorable recommendation on the rezoning of a parcel of the Patrick Klaas property. The property — about 15 acres — is east of U.S. Highway 98 and south of Park Drive.

Commissioners Ed Kirby, Cathy Barnette, Don Terry, Larry Chason and Mayor Fred Small — who sits on the Planning Commission— voted for the favorable recommendation. Commissioners DeLeon Thomas and Victoria Phelps voted against the recommendation.

The land is about 1 acre and adjacent to another piece of property that received a favorable recommendation of 6-1 sent to the City Council.

Thomas cast the lone dissenting vote.

Developers with Engineering Development Services want the property rezoned from R-3, high density single family, to R-4, high density multifamily, Developer David Diehl said.

Developers want the property rezoned from B-2, general business, to R-4, high density multifamily, Diehl said.

“It is a better idea to have residential next to residential,” Diehl said of surrounding R-3 neighborhoods.

A B-2 zone property could allow anything from pawn shops, car lots or service stations, Diehl said.

Residents in the Park City area of Daphne expressed concerns over traffic, noise and the environment of neighborhoods it could create, among other situations.

“It’s already an established neighborhood,” resident Doris Moore said.

“It’s going to be one or the other and there’s nothing we can do about it,” Thomas said.

The commission also heard a presentation by Diehl on the annexation and rezoning of four parcels of land located on Alabama 181.

Commissioners voted 3-4 against a favorable recommendation to the council.

Small, Chason and Kirby voted for a favorable recommendation. Phelps, Thomas, Terry and Barnette voted against the recommendation.

The annexation and rezoning will still go to the City Council.

The first parcel — a 14-acre tract of land— would become a B-2 zone for general business, Diehl said.

About 32 acres would become an R-4 zone and a 10-acre tract of land would become an R-3 zone, according to Diehl.

The land is currently zoned as rural agricultural in Baldwin County’s District 15, according to Diehl.

With the amount of businesses and residential areas around the property and surrounding areas, it is consistent with the zoning developers’ request, Diehl said.

Phelps voiced concerns about the B-2 zoning because it would allow almost any type of commercial or business property in the area, she said.

The B-2 property would have access to a service road, according to Diehl.

With a service road, it is not going to be businesses with heavier volumes of traffic, Small said.

Another area developers wanted rezoned is at the Windscape Apartments on U.S. Highway 98, near Wal-Mart.

The commission voted 7-0 to send a favorable recommendation to the City Council.

The property was grandfathered in as a B-2 and should be an R-4, according to Les Goodall, a developer with Windscape II Associates, Ltd.

The current owners bought the property in April, which is why it is only up for rezoning now, Goodall said when asked about why it had not been changed before.

The new owners may be unable to rebuild if something were to happen in the future as the property is currently zoned, Goodall said.