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Duplex project gains approval

Commission OKs zoning change; supermajority vote needed from council

11:55 PM CST on Thursday, November 19, 2009

By Lowell Brown / Staff Writer

A controversial duplex project at the gateway to the Bell Avenue Historic Conservation District won support from a key city panel this week, but it still faces several hurdles to final approval.

The Denton Planning and Zoning Commission voted 5-2 on Wednesday to rezone 1.1 acres of land to accommodate the proposed Lux at Bell Avenue development. Commissioners Patrice Lyke and Brian Bentley voted in the minority after raising concerns about the project’s density.

The rezoning now heads to the City Council, where its fate is uncertain. The change will require a supermajority vote, or six of the seven council members, because of the high level of neighborhood opposition. The supermajority requirement applies when owners of more than 20 percent of properties within 200 feet formally oppose a rezoning request.

Many neighbors say the project is too dense and would create traffic, parking and other problems in the area, which the council designated a historic conservation district in 2005.

Resident Steven Ambuehl expressed disappointment with the planning commission’s vote but said neighbors would keep fighting to alter the project.

“We’re not against development,” he said. “We’re looking for something that’s appropriate to the Bell Avenue Historic District.”

The vote followed a series of setbacks for the Corinth-based developer, Rod Taylor, who said he’d repeatedly changed the proposal to address concerns raised by neighbors and city officials.

The planning commission delayed a vote on the rezoning last month to give Taylor time to come up with added property restrictions that would lock in plans for the duplex development and prevent other land uses.

Taylor had proposed six two-story duplex buildings at the northeast corner of Bell Avenue and University Drive, across the street from Texas Woman’s University. He returned Wednesday with a new site plan showing four duplex buildings and two single-family residences — a net decrease of two dwelling units. The plan also showed a new configuration of buildings and fewer parking spaces.

Commissioners added multiple conditions, including that the site could only be used for single-family dwellings, duplexes and home occupations.

The density would be capped at nine dwelling units per acre.

That’s fewer than Taylor originally requested but still more than double that allowed under the current zoning.

A separate certificate of appropriateness for the project is pending before the Denton Historic Landmark Commission. The landmark commission initially rejected the certificate, but the City Council asked it to reconsider the case.

LOWELL BROWN can be reached at 940-566-6882. His e-mail address is lmbrown@dentonrc.com.

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