Proposed rezoning of the northwest corner of Sixth Street and Wakarusa Drive would limit the largest building there to 80,000 square feet — less than two-thirds the size of the store Wal-Mart wants to build at the site.

But the Lawrence-Douglas County Planning Commission may not get to talk about the proposal quite yet. This afternoon, a judge will rule on developers’ request to stop Wednesday’s planned hearing on the rezoning plan.

“We don’t know what’s happening with these items,” Planning Director Linda Finger told planning commissioners at a Monday night study session.

And commissioners aren’t sure they want to discuss it.

“It’s a matter under litigation, and we shouldn’t be sticking our noses in it,” Planning Commissioner Ernie Angino said.

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 Oct. 2.

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 would:

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• Limit all commercial development on the northwest corner to 154,000 square feet, with the biggest allowable building capped at 80,000 square feet.
• Put the northeast corner of the intersection off-limits to retail development, setting it aside for “recreational commercial” uses, office-residential developments and “institutional” uses.
• Allow only residential development to the east, on the northwest corner of Sixth Street and Folks Road. 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.”

6Wak Land Investments LLC, owners of the northwest corner of Sixth Street and Wakarusa Drive, and Wal-Mart have asked for a restraining order to prevent the Planning Commission discussion, officials said. Douglas County District Judge Michael Malone will hear from the attorneys during a closed-door conference at 4:45 p.m. today.

“As a matter of principle, I’m going to excuse myself from this issue if the injunction isn’t granted,” Angino told his colleagues Monday.

Finger said she had consulted with Assistant City Manager Dave Corliss on the matter.

“He’s very clear in his mind that this is an appropriate action,” Finger said, “unless the judge says otherwise.”

The Planning Commission meets at 6:30 p.m. Wednesday in City Hall, Sixth and Massachusetts streets.