SPANISH FORT, Ala. — The City Council has set a Jan. 25 public hearing on Asphalt Services’ request to rezone its Old Highway 31 property from general business to light industrial, potentially paving the way for the company to operate an equipment laydown and materials storage yard.

The Planning Commission voted 6-3 in early December against recommending the shift from B-3 to M-1 in response primarily to concerns from neighboring business owners and residents over the use of the property for concrete crushing operations.

The pulverization activities have since been relocated to a different portion of the property that falls outside the city limits, while discussions have surfaced of drafting restrictive covenants that allow for the operation of the storage yard with the least disruption possible to neighboring tenants.

Another option would be for the city to consider expanding and delineating its industrial classifications in much the same way it revamped residential zonings to differentiate between single-family developments, duplexes and multi-family housing developments allowing for three or more units.

The request, submitted by businessman Charles A. Renfroe, seeks to bring operations previously conducted on the 6.5-acre parcel across from the I-10 Commerce Center into compliance. The company had been using the property adjacent to its existing office and warehouse operation as a storage yard as well as to pulverize and recycle concrete.

The company halted the pulverization activity in July when the likelihood of a zoning violation was raised, but the rezoning request has drawn ire from neighboring residents and business owners who cite increased noise and dust levels that could undermine and even compromise their own operations and quality of life.

District 3 Councilman Joe Thomas said he has visited the site and heard from residents who have previously expressed interest in building near the site for whom the M-1 designation would be a deal breaker.

Businessman John E. Pate, who recently rezoned two lots in the nearby I-10 Commerce Center to accommodate the construction of corporate offices as well as  additional space for lease, told the Planning Commission in December he would “never have bought the land” if he had known Asphalt Services’ plans were in the works.

“We’ve all been hurting, and this isn’t going to help one bit,” said Pate, who has invested $250,000 toward construction of the 8,000-square-foot facility.

District 5 Councilwoman Mary Brabner, who voted to approve the rezoning request, said she voted favorably for the measure because she believes M-1 to be the best classification for an equipment storage yard with which she has no problem. She also noted that the city has no control over what Asphalt Services does on the county’s portion of its land, but denying the request would essentially force the company out of Spanish Fort’s city limits entirely.

For clarification, City Attorney David Conner said the measure failed ultimately at the Planning Commission level because commissioners were uncomfortable with all of the uses an industrial zoning could usher in, but splitting the larger classification into smaller, more detailed industrial categories could alleviate those concerns.

District 1 Councilman Dennis Dismuke said the council also needs to consider the volume of heavy traffic the designation could create and whether or not the operations represent the type of business the city wishes to attract to the business park.

“I just don’t think that’s the best use for that land,” Dismuke said.

District 4 Councilman Tom Sawyer said although the concrete pulverization activities and associated traffic are not what he “envisioned” for the property, he is certainly interested in exploring all options for an amicable outcome.

“Ideally, I’d like to work something out that appeases everybody. I think that’s the best solution,” Sawyer said.

Building Official Bruce Renkert said three other businesses in the I-10 Commerce Park have already received M-1, or light industrial, designations, but he did recognize each of those adheres to restrictive covenants with park owner Sonny Nichols.

In other business the council announced City Hall will be closed Jan. 18 in observance of the Martin Luther King Jr. Day holiday. The regular council meeting slated for that evening has been rescheduled for 6 p.m. Jan. 25, immediately following a 5 p.m. work session.