It appears new retail projects in Lawrence will have to go through a more detailed review process before they’re allowed to set up shop in the community.

But city commissioners on Tuesday vowed not to let the proposed regulations – called a retail market impact analysis – be the sole determinant in approving or denying new retail projects in the city.

“I need to know whether we’re going to use these studies as a guide or whether they’ll be an absolute,” Mayor Mike Amyx said. “I don’t want to allow this study to make decisions for us.”

The retail market impact studies would require all new retail projects of 50,000 square feet or more to be evaluated based on whether Lawrence’s economy and real estate market can support the new development.

As currently written, the regulations say any project that pushes the city’s overall retail vacancy rate above 8 percent should be denied. It also gives planners the ability to make determinations on whether demand for certain types of retail sectors – areas such as clothing or electronics stores, for example – already is being met in the community.

Commissioners did not give formal approval to the new regulations, but deferred the item to the Sept. 19 City Commission meeting to give the Lawrence-Douglas County Planning Commission time to make a change to the proposal.

At their Aug. 30 meeting, planning commissioners are scheduled to discuss changing the wording in the regulations from saying a project “shall” be denied to “may” be denied if a development pushes the vacancy rate above 8 percent.

But three city commissioners – Boog Highberger, Mike Rundle and David Schauner – expressed support for the concept of the retail market analysis. All three, however, said they only would use the analysis as a guide in their decision-making.

They said the new regulations would be an important tool to protect downtown and other areas from being cannibalized by new retail projects.

“I have one word that best describes why I support this concept: It is Topeka,” Schauner said. “Topeka has allowed retail development to take place at whatever pace it chose. The result has been that retail basically has been destroyed everywhere east of Gage (Boulevard).”

Commissioners didn’t accept public comment on the issue Tuesday because it didn’t come up for a final vote. But members of the development community have expressed concern that the new regulations would hinder retail development by making the approval process overly complicated and highly subjective.

Opponents have argued that relying on the judgment of elected officials is a better way to protect downtown Lawrence from new retail development than creating a strict policy.

Zoning variance extension approved

A mammoth old home at 805 Ohio will continue to be allowed to serve as an apartment house while its owners try to restore it to a grand single-family residence.

The property, owned by Kenneth and Daniel Riedemann, is 110 years old and has nearly 8,000 square feet. The city has allowed the property to serve as four multifamily apartment units, even though the property’s zoning does not allow that. The Riedemanns have argued that the apartments are necessary to fund the home’s renovation.

Commissioners on Tuesday approved a 10-year extension of the multifamily use of the property, in part because several neighbors told them the property’s condition was improving.

The property owners will be required to make annual reports on their progress in restoring the property as a single-family home.

Commissioners approved the permit on a 4-1 vote. Commissioner David Schauner voted against it.

Commission advances bidding policy changes

Commissioners unanimously agreed to move ahead on a new city bidding policy.

The policy clarifies that the city has the legal authority to accept a bid on a project even though the price may be higher than what the city engineer had estimated before the bid.

Commissioners have long thought they’ve had the legal authority to accept such bids, but the new ordinance will make it clearer from a legal perspective, interim City Manager David Corliss said.