Judge’s order puts rezoning consideration on hold

A restraining order issued Monday temporarily stops the Lawrence-Douglas County Planning Commission from considering a city-initiated rezoning of property in northwestern Lawrence where a Wal-Mart wants to open a second store in the city.

Douglas County District Judge Michael Malone’s temporary order also prohibits the Planning Commission from considering a new set of regulations that would make it tougher to build a big box retail store at the intersection of Sixth Street and Wakarusa Drive.

Officials with 6Wak Land Investments, the owner of the northwest corner of the intersection, requested the restraining order because they said it would interfere with their ongoing lawsuit that claims the city acted unlawfully in denying a building permit for the site,.

City commissioners in early June took the unusual step of initiating the rezoning against the wishes of the owners. The property currently is zoned for about 155,000 square feet of retail space and could house a building of about 132,000 square feet. The new proposal would prohibit any buildings over 80,000 square feet at the site.

Malone will conduct a hearing Aug. 12 to determine if the restraining order should be extended.

Planning commissioners were scheduled to review both a development plan and a rezoning for the northwest corner at their Wednesday meeting. The restraining order prohibits them from discussing either issue.

City Manager Mike Wildgen said the city would comply with the restraining order, but he said he was hopeful the court would allow planning commissioners to consider the rezoning at their August meeting.

Bill Newsome, a partner in 6Wak Land Investments, said he was optimistic that the court would strike down the city’s attempt to rezone the land at the Aug. 12 hearing.