A city-initiated land-use plan that would derail Wal-Mart’s plans to build a new store at Sixth Street and Wakarusa Drive got the go-ahead Thursday night.

The Lawrence-Douglas County Planning Commission approved a plan to limit the biggest store on the site to 80,000 square feet — less than two-thirds the size of what Wal-Mart has proposed.

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“There’s a plan afoot to take my clients’ property rights away from them,” said Jim Bowers, an attorney for the landowners. “This is nothing more than a rifle shot to kill the deal.”

The vote came after more than four contentious hours of testimony and debate, and after commissioners narrowly turned back two efforts to delay the discussion to a later date.

Commissioner Ernie Angino walked out of the meeting early, after his motion to table the discussion failed on a 4-4 vote. Commissioner Sue Pine was absent; Commissioner John Haase recused himself from the discussion because his business, Collection Bureau of Lawrence, does business with Wal-Mart.

Angino said he didn’t think it was wise to take action while other actions were pending on the issue. The city’s Board of Zoning Appeals will decide tonight whether the city was wrong in August to deny Wal-Mart a building permit for the site; legal action also is pending.

“Legally, of course, we can discuss the issue,” Angino said. “But I’d like to remind people the law is the lowest standard we can aspire to as a society. There’s a higher standard, and that standard is called ‘ethics.'”

Burress disagreed, noting that construction rights aren’t legally binding until construction has begun.

“I don’t see this as an ethical issue,” he said. “There’s nothing we can do that will take away their (developers’) rights.”

Wal-Mart wants to build a 132,000-square-foot store on the site, but the city has denied building permit applications. Developers have appealed that decision to the city’s Board of Zoning Appeals, which will take up the matter tonight.

In June, the Lawrence City Commission ordered planners to create an area plan for the north side of the intersection. That plan, along with accompanying proposals, would force Wal-Mart to scrap its current blueprint.

The plan, as modified by the commission Wednesday, would:

• Limit all commercial development on the northwest corner to 156,000 square feet, with the biggest allowable building capped at 80,000 square feet.
• Put the northeast corner of the intersection off-limits to all but 40,000 square feet of retail development, setting the rest aside for “recreational commercial” uses, office-residential developments and “institutional” uses.
• On the northwest corner of Sixth Street and Folks Road, allow only residential development to the east. Commercial and retail development at that site, planners said in the unsigned plan, “would be too intrusive on the residential character of adjacent land-use activities and established residential neighborhoods.”

Bill Newsome, who co-owns the land with Doug Compton, pleaded with the commission to defer its consideration.

“I’m here to ask for a deferral. Period. End of sentence,” Newsome said. “With all due respect, this item should not be on the commission’s agenda.”

Though some commissioners protested having to make the decision, those who were present unanimously voted for the plan.

It should go to the City Commission for approval on Oct. 21. The Board of Zoning Appeals meets at 6:30 p.m. today at City Hall, Sixth and Massachusetts streets.