Dust in the wind

By Kelli M. Dugan
Staff Writer
Posted 9/17/09

SPANISH FORT, Ala. — A rezoning request for property being used by Asphalt Services in the I-10 Commerce Center commanded a significant portion of Monday’s Planning Commission meeting amid complaints registered by both nearby residents and …

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Dust in the wind

Posted

SPANISH FORT, Ala. — A rezoning request for property being used by Asphalt Services in the I-10 Commerce Center commanded a significant portion of Monday’s Planning Commission meeting amid complaints registered by both nearby residents and neighboring business owners.

Following lengthy debate, the commission postponed a decision on the rezoning and proposed use of the property until the Oct. 12 meeting to allow more time for research and examination of the property’s classification.

The request seeks to rezone property at 11059 Old Highway 31 from B-3, or General Business, to M-1, or Light Industrial.

Representatives of Asphalt Services made the request to bring operations already being conducted on the 6.5-acre parcel into compliance. The company has used the property adjacent to its existing operation as a storage yard as well as to pulverize and recycle concrete.

Commissioners had already determined during a recent work session that because there are no concrete products being manufactured on the premises, the M-1 classification suits the company’s intentions. Public outcry, however, prompted the body to look closer at the nature of the activity taking place.

In a letter read aloud during the meeting by Building Official Bruce Renkert, Rex A. “Sonny” Nichols, developer of the Commerce Center, registered his uneasiness with the situation and asked the commission for a quick resolution.

“I would like to go on the record opposing this zoning change to crush rocks,” Nichols wrote.

“The dust and the noise is the reason. If the noise and the dust can be controlled, I do not have a problem in trying to accommodate Mr. (Charles A.) Renfroe. If there is too much noise and dust, I will be unable to sell the many smaller (roughly)10 lots that I have at the front entrance to the Commerce Center.”

Resident Fred Johnston stated during the public hearing portion of the meeting that he is not opposed to continuation of Asphalt Services’ activities if the company limits them to normal business hours and erects a silk screen at least 4 feet higher than the operation and at at least a 90-degree angle to prevent the spread of aggregate residue.

Al Morgan, an immediately adjacent property owner, said he objects strongly, however, to the operation being allowed because it is in direct violation of the city’s zoning laws and should never have been allowed to operate illegally.

Morgan, who said he considers the request “spot zoning,” argued the pulverizing activity creates “continuous loud noise” that is offensive to and inconsistent with the other businesses in the development.

Ronnie Gibson, a former national coordinator for the U.S. Army’s stormwater permitting, said any project involving the use of raw materials on a site larger than one acre requires a stormwater permit from the Alabama Department of Environmental Management, which this operation does not possess.

Gibson requested the commission gather topographic evidence of the site’s storm drainage before making a determination, and he questioned how the activity can be classified as light industrial given its physical impact on the area involved.

Commerce Center business owner Steve King, who lives in Daphne, said he does not oppose anyone expanding their business to make a living in a difficult economic climate, but he does not feel the concrete-crushing activities are a good fit for the professional development in which he agreed to place his advertising and commercial media company.

King, who has been telling clients to enter the business park by an alternative route to bypass Asphalt Services’ activities, said the company’s expansion is already having a negative impact on its neighbors.

Enclosing the pulverizing activities would certainly address dust and noise issues, but commissioners opted instead to postpone consideration of the item until October in order to more thoroughly research all of the issues raised.