Anchorage Daily News

The Alaska Supreme Court ruled Friday that a voter initiative on big box stores in one of Alaska's most scenic communities is invalid because it exceeded the powers of local government.

The case stems from a tussle over zoning and the size of stores allowed in Homer's central business district. It came after Fred Meyer Inc. announced plans in 2002 to build a 95,000-square-foot store in the seaside town on Kachemak Bay, a favorite with tourists. The size of the proposed store was three times larger than any existing commercial building.

Citizen activist Frank Griswold challenged the initiative, arguing that the zoning decision by initiative increasing the floor area of stores in three of the city's zoning districts to 66,000 square feet was illegal.

Griswold, who has lived in Homer since 1976 and favors planned development, said he challenged the initiative because the city planning commission did a good job of coming up with reasonable standards.

Homer voters in March 2004 filed with the city clerk an initiative petition that limited the footprint for retail and wholesale business buildings to 66,000 square feet in the town of about 5,500 residents.

The following month, the City Council passed an ordinance that limited the square footage to between 20,000 and 45,000 square feet.

Voters passed the initiative on June 15 and it became effective almost immediately.

The following year the City Council passed an ordinance limiting the size to 66,000 square feet in accordance with the will of the voters.

Griswold challenged the initiative, arguing that the initiative process could not be used to amend the city's zoning code.

The high court agreed. It ruled that voters can't by initiative do end runs around planning commissions. The court found that the Homer City Council does not have the power to pass piecemeal zoning decisions.

Likewise, voters who have no obligation to consider the views of the planning commission can't use the initiative process to eliminate the commission's role, the court said.

"It is for this reason that zoning by initiative is invalid," the ruling says.

Homer city attorney Gordon Tans said Homer's local government was in a tight spot. It is their duty to do comprehensive planning and land-use regulation. At the same time, local government wants to help the people exercise their right to utilize the initiative process, he said.

"In this case, those two duties, they didn't mesh all that well because the voters were setting out to change a law the City Council had just adopted," he said.

Homer City Manager Walt Wrede said city residents care about quality of life issues in the town. They also care about the high cost of food, clothing and gasoline.

"We will be back to debating box store sizes again," he said. "There is a segment of the community that is really wishing that Fred Meyer was here."

Supreme Court Justice Walter Carpeneti said in a dissenting opinion that under the Alaska Constitution voter initiatives are beyond the scope of procedures regulating regular lawmaking.

"In sum, the initiative process is unique," Carpeneti wrote. "The special treatment afforded the initiative process stems from the fact that the initiative is a form of direct democracy."

Fred Meyer announced in 2006 that its plans for the store were on hold. It blamed the rising costs of construction.

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