Rezoning rolls back size limits for sites at Sixth and Wakarusa

Voices were raised. Lawsuit threats were made. And Wal-Mart’s proposal for a new store in west Lawrence suffered another blow.

The Lawrence City Commission on Tuesday approved rezoning the northwest corner of Sixth Street and Wakarusa Drive to make the retailer’s plans for the site impossible.

“The taxpayers’ checkbook is wide open and the law can be made up as you go, because nothing, nothing is more important to this commission than stopping Wal-Mart,” said Bill Newsome, who co-owns the property with developer Doug Compton.

Commissioners were virtually silent in making their decision, noting that the city already faces six pending lawsuits in the matter, with a seventh likely as the result of Tuesday’s action.

“I think I understand your concerns, and I would like to address them,” Commissioner Boog Highberger said during the meeting to critics, “but because of the pending litigation, I can’t.”

Commissioner David Schauner moved for approval of the rezoning, seconded by Commissioner Mike Rundle. Highberger and Mayor David Dunfield joined them in approval; Commissioner Sue Hack was the lone dissenter.

Tuesday’s rezoning limits the size of the biggest store on the site to 80,000 square feet — short of the 132,000 square feet that Wal-Mart wants to build.

It was just the latest action in a yearlong battle.

Wal-Mart applied for building permits at the site in May 2003, but its application was rejected by the city. The retailer and the landowners have filed six lawsuits challenging portions of that decision; the legal bill for the city so far has run more than $100,000.

For neighborhood residents who worry about the amount of traffic Wal-Mart would generate in their neighborhood, that bill is worth it.

“I encourage you to stand up for the people … who are going to live out there for the next 50 or 75 years,” said Alan Cowles of the West Lawrence Neighborhood Assn.

Other Lawrence residents at Tuesday’s meeting were skeptical, however.

“Lawrence citizens are perfectly capable of choosing where to shop,” Darren Cauthon told the commission. “We don’t need you protecting us.”

In a related move the commission, along the same voting lines, rezoned the northeast corner of the intersection for commercial and residential uses. Commissioners also voted to lift a building moratorium that has governed the north side of Sixth and Wakarusa since last spring.

Newsome said after the meeting a lawsuit would be filed within 30 days.