SPANISH FORT, Ala. — The fate of a rezoning request that would allow for the creation of a contractor’s storage yard remains squarely on the shoulders of the City Council after the Planning Commission voted narrowly during Monday’s regular meeting to forward a negative recommendation for the proposed restrictive covenants that have materialized in recent weeks as a means of compromise on the divisive issue.

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 was being asked Monday to only review the proposed restrictive covenants on the property designed to address those concerns and provide feedback to council members struggling with the rezoning decision.

Commissioner Mary Brabner, who also represents District 5 on the City Council, abstained from the vote as did Mayor Joe Bonner. Commissioners J.R. Smith, Tom Montgomery, Carl Nelson, Bruce Renkert and Maura Dismuke voted in favor of forwarding the negative recommendation. Commissioners Bernard Davis and Kevin Diamond were not present.

The topic elicited unease from several commissioners during a lengthy work session two weeks ago, who felt endorsing the covenants in any way would be viewed as an endorsement for the rezoning request.

The now standing request for the commission to review Renfroe’s application for creation of the storage yard was not addressed because it hinges on the council’s pending zoning decision. Should the rezoning request be denied the land use request would be moot.

At least three neighboring residents and business owners who have remained vocal opponents of the measure since it was first introduced in August reiterated their displeasure Monday with the activities taking place on the property in the absence of clear zoning authority. Specifically, business owners Sonny Nichols and John Pate joined resident Al Morgan in objecting to the traffic, noise and dust being created by Asphalt Services’ practices even as the issue awaits resolution.

In other business the commission:

The next regular meeting of the Planning Commission will be held at 6:30 p.m. May 10, 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.