The Lawrence City Commission took new steps Tuesday to keep Wal-Mart at bay, and one commissioner suggested all big-box stores should be banned.

“I don’t think … they’re the wave of the future,” Commissioner David Schauner said. He said research showed that malls and “large format” stores were losing popularity among shoppers.

Commissioner Sue Hack immediately objected.

“I think we have to understand that retailers and developers won’t tend to build something that’s guaranteed to lose money or go out of style,” she said. “I’m not sure that accomplishes what we want to accomplish as a community.”

The discussion came as commissioners took steps to block Wal-Mart’s plans to build a 132,000-square-foot store at the northwest corner of Sixth Street and Wakarusa Drive.

Commissioners unanimously approved:

• An area plan for the intersection that would limit the size of the biggest stores on the northwest corner to 80,000 square feet — less than two-thirds the size Wal-Mart is seeking for the site. Commissioners said stores of up to 62,000 square feet could be located on the northeast corner.
• Extending a moratorium on new construction on both sides of the intersection north of Sixth Street.

6News video: New chase policy unveiled, Wal-Mart discussed at commission Past stories, video

Commissioners deferred a decision on revisions to commercial construction definitions that would eliminate big-box stores from certain commercially zoned areas, another attempt to keep Wal-Mart from the intersection. Mayor David Dunfield said the language needed clarification.

Representatives of 6Wak Land Investments LLC, owners of the land where Wal-Mart wants to build, opposed the commission’s actions — albeit in a less fiery manner than at previous commission meetings.

“An area guide is a guide to future planning. It’s not a mechanism to unwind what’s already been planned,” 6Wak partner Bill Newsome said of the area plan.

“Changing an area plan when our planning is already done is unwarranted,” he said. “It’s changing the rules, and it’s an unreasonable action for the city to take.”

6Wak and Wal-Mart filed lawsuits in the spring to force the city to issue permits to build a 132,000-square-foot Wal-Mart and unidentified restaurant at the site.

A Douglas County District Court judge ordered the city to make a yes-or-no decision on the permit requests and to the plaintiffs’ legal fees.

In August, the city formally rejected applications for permits. And in October, the Board of Zoning Appeals upheld the decision to deny the permits, saying Wal-Mart was clearly a department store, which is prohibited under terms of the site’s zoning. Wal-Mart said it was a “variety store” within the rules.

6Wak and Wal-Mart filed new lawsuits last month, asking the judge to order the city to furnish the building permits. They also asked for money — damages in excess of $75,000 each — saying the city has deprived the landowners of the use of their property without compensation.

The city’s responses to the lawsuits are due this week.