The Durham Planning Commission voted four to seven against the University's rezoning petition for the new Central Campus Tuesday night.
The commission's recommendation will be taken into account when City Council makes its final decision in November or December.
"This is a victory for common sense," said John Schelp, president of the Old West Durham Neighborhood Association.
The application sought to change Central's zoning from residential to university-college-a classification intended to allow universities flexibility in growth while protecting the interests of neighbors.
"The requested zoning district is exactly what we developed ages back to cover these universities," said Vice Chair Deborah Giles, who supported the proposal.
Debate over the rezoning proposal centered on plans for commercial spaces. The University offered to limit total retail space to 50,000 sq. ft., with no single space exceeding 20,000 sq. ft.
"The University has engaged the community, providing top-level administration to meet with stakeholders," said George Stanziale, principal of HadenStanziale, the landscape architecture and civil engineering firm working on plans for the new Central.
Tom Miller, speaking on behalf of neighbors and business owners, said retail space should be restricted to 30,000 sq. ft., with single spaces at 15,000 sq. ft.
"We think we're being pretty liberal," he said. Jenny Bowman, who is affiliated with Northgate Mall, said because the University is a non-profit organization with different tax laws, on-campus retailers would have an unfair advantage.
Another issue was building heights. Neighbors were concerned about one area in the University's current campus plan that allows structures of up to 120-ft. tall.
With the denial of the rezoning proposal, the University is under no obligation to stick to any current compromises. Officials, however, will likely choose not to make any major changes, Stanziale said.
"Duke wants to be a good neighbor," he explained.
University officials will continue to meet with Durham leaders. "We just have to find a place in the middle," Miller said. "And I think we will."
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