Wal-Mart will get a chance early next year to solicit approval for its latest plans for a Supercenter at the northwest corner of Sixth Street and Wakarusa Drive.

Members of the Lawrence-Douglas County Planning Commission decided late Wednesday that the retailer’s new proposal represented a “substantial change” from plans for a bigger store that failed to win approval earlier this fall.

Under zoning codes, developers who fail to get Lawrence City Commission approval for their projects must wait a full year to try again unless they can demonstrate they have made substantial change to the proposal. The substantial change — not approval for the zoning — was the issue decided Wednesday.

Even Wal-Mart’s opponents conceded the changes were considerable.

“It is a substantial change,” Commissioner David Burress said. “I’m not happy, but I’ll vote for it.”

Under the original plan, the store would have occupied 190,000 square feet, plus another 9,000 square feet for an outdoor garden center. The store would have included a full-service grocery store and car service center.

Neighborhood residents fought the proposal, saying it would bring too much traffic to the area and be an unsightly neighbor to nearby Free State High School.

The new proposal includes:

⢠Store space of 151,588 square feet, plus 6,378 square feet of garden center. That’s a reduction of more than 40,000 square feet from the earlier plan, and close to the 154,000 square feet of commercial space that already has been approved for the site.

⢠Removal of the auto service center.

⢠A promise for a “significant reduction” in commercial traffic at the intersection. Todd Thompson, the company’s attorney, said the smaller store would attract 200 vehicles per hour fewer than the 800 vehicles an hour expected under the first plan.

Planning commissioners had to come up with their own criteria for a substantial change. The codes offered no guidance.

They went with the “duck theory:” If it looks like a duck, walks like a duck and quacks like a duck, it’s a duck.

“Look at those two ducks together,” Commissioner Myles Schachter said. “They sure look alike.”

Commissioner Ron Durflinger disagreed.

“If it loses 30 percent of its body weight, it still looks like a duck, but it’s a substantial change,” Durflinger said.

Schachter was the lone vote against the substantial change determination. It was passed by Durflinger, Burress, Sue Pine, Tom Jennings, Jane Bateman and Dennis Lawson. Commissioner John Haase abstained because his business does work for Wal-Mart; Roger Schenewerk and Ernie Angino were absent.

Planning Director Linda Finger said the planning commission probably would consider the actual rezoning and development plans at its February meeting.

Neighborhood residents have indicated they also will fight the new proposal.