Johan Dybdahl, Chair
September 25, 2001

Chair Dybdahl called the regular meeting of the City and Borough Planning Commission to order at 7:00 p.m., in the Assembly Chambers of the Municipal Building.


Commissioners present: Roger Allington, Mike Bavard, Dan Bruce, Johan Dybdahl, Maria Gladziszewski, Marshal Kendziorek, Mark Pusich, Merrill Sanford, Jody Vick

Commissioners absent:

A quorum was present.

Staff present: Tim Maguire, CDD Principal Planner; Chris Beanés, CDD Planner, Teri Camery, CDD Planner


August 14, 2001 - Regular Meeting
August 28, 2001 - Regular Meeting

Motion - by Mr. Kendziorek to approve the minutes of August 14, 2001 and August 28, 2001 as written.

Hearing no objection, it was so ordered.




Mr. Dybdahl announced that there were three items on the Consent Agenda (USE2001-00027, USE2001-00028 and USE2001-00032 and he inquired if there was any member from the public who wished to testify.

Mr. Kendziorek requested that USE2001-00027 be pulled from the Consent Agenda in order to amend the condition relating to lighting.

Ms. Gladziszewski requested that USE2001-00032 be pulled in order to make an inquiry.

MOTION - by Mr. Bavard that the Planning Commission approve the amended Consent Agenda, that included only USE2001-00028, as listed below. .

There was no objection and the amended Consent Agenda was approved.


An allowable use permit for a 20-foot wide, 435 feet long driveway in an undeveloped right-of-way.

Location: 9315 GLACIER HIGHWAY

Staff recommendation: That the Planning Commission adopt the director's analysis and findings and grant the allowable use permit. The permit would allow the development of 435-foot long, 20-foot wide driveway within the First Street right-of-way at 9315 Glacier Highway





An allowable use permit for a 2,276 square foot building as the second building of an existing daycare center.

Location: 9315 GLACIER HIGHWAY

Staff report: Teri Camery came forward to brief Commissioners on this item; however, Mr. Kendziorek requested that the Planning Commission waive the presentation of the staff report as he had a simple addition to the conditions dealing with lighting.

There was no objection by Commissioners and the staff report was waived.

Staff recommendation:
That the Planning Commission adopt the director's analysis and findings and grant the requested allowable use permit for a 2276 square foot day care center building in the rear of the lot at 9315 Glacier Highway, with the following conditions:

  1. The applicant shall construct a minimum 5-foot wide footpath, safely outside of the border of the driveway, between the two parking areas and two buildings, with a plan approved by the Community Development Department, prior to the issuance of a Certificate of Occupancy.
  2. The applicant shall clearly mark parking spaces and access aisles on site, prior to the issuance of a Certificate of Occupancy.
  3. The applicant shall place a safety sign in the front of the rear parking lot Accessible Space A that reads, "Caution! Children loading behind vehicle," or a similar cautionary message, prior to the issuance of a Certificate of Occupancy.
  4. The applicant shall place a sign visibly located in front of the rear building which reads, "Loading Area: Temporary Parking only," or a similar message, prior to the issuance of a Certificate of Occupancy.
  5. The applicant shall eliminate Parking Stalls 1 and 2 from the rear parking lot and change Accessible Space B into a regular parking space, prior to the issuance of a Certificate of Occupancy.
  6. The applicant shall add one additional parking space to the northwest corner and one parking space to the southeast corner of the front parking lot. The modified plan shall be submitted and approved prior to issuance of a Building Permit.
  7. The applicant shall preserve vegetation between Glacier Highway and the front parking lot for screening purposes. The applicant shall also re-vegetate the northern edge of the front parking lot at the former point of temporary access from the adjacent lot to prohibit future access from this location. The modified plan shall be submitted and approved prior to issuance of a Building Permit.

Mr. Kendziorek requested the addition of Condition No. 8:

The applicant shall use of shielded full-cutoff exterior lighting to minimize glare and excess light.

Mr. Kendziorek explained that this Condition is consistent with past actions taken by the Commission. As well, the Building Code was being updated to standardize this requirement.

– by Mr. Kendziorek that the Planning Commission accept staff’s analysis, findings and recommendations with the addition of Condition No. 8 and adopt USE2001-00027.

Mr. Bavard noted that Public Testimony had been overlooked.

Chair Dybdahl asked if anyone wanted to speak on this item. No one came forward and Public Testimony was closed.

Mr. Kendziorek restated his Motion.

There was no objection to the Motion and USE2001-00027 was approved.


A conditional use permit to provide temporary boarding for 20-25 horses From May to Sept.


Staff report: Mr. Beanés came forward to outline USE2001-00032 to the Commission; however, Ms. Gladziszewski also requested that the Planning Commission waive the staff report. However, she required clarification from staff on an email from the Alaska Department of Fish and Game that was included in the packet.

Staff recommendation: That the Planning Commission adopt the director's analysis and findings and grant the requested Conditional Use Permit. The permit would allow the development of a temporary horse-stabling site. The recommendation is made subject to the following conditions:

1. The manure shall be picked up from the road and SITE B daily and stored on SITE A.

2. The manure pile on SITE A shall be bermed in such a way that there shall be no run-off beyond the limits of the storage area.

3. While stabled at site B, the horses shall be kept a minimum of 50 feet from the Ordinary High Water of Montana Creek.

4. The applicant will maintain an agreement with the Gastineau Humane Society on the protocol of handling stray horses from the site. The agreement with GHS shall include 24 hour contact information for the caretakers, adequate access to the site and how and where to return the horse/s at large by Animal Control.

5. Conditional Use Permit USE 2001-00032 shall expire September 30, 2009.

Ms. Gladziszewski noted that the Department of Fish and Game had raised the issue of invasive plant species and suggested staff require bibs on the applicant’s horses. She wondered why discussion of this recommendation was excluded from the staff report. Mr. Beanés explained that the manure and invasive plant issue that Department of Transportation (DOT) had raised focused on land that was their own right-of-way. In other words, the manure was deposited on state owned land and it was outside of CBJ’s jurisdiction. Mr. Beanés assured the Commission that the manure issue was adequately addressed by conditions the applicant’s permit obtained by DOT.

Lyle Yost, is the operator of the horse tour operation. He states that diapers are standard equipment when the horses are on the Montana Creek trail. All the manure is packed out of the area and disposed of.

Mr. Bruce commented that he uses the trail frequently but has never noticed impacts of any kind from the horse tour. With the exception of the tent and stable, the area remains unchanged. He commended the applicant on his well-run operation.

MOTIONby Ms. Gladziszewski to accept staff’s analysis, findings and recommendations and approve USE2001-00032.

There was no objection to the motion and it was so ordered.




Ms. Gladziszewski reported on the search for the new Director of CDD. The four final candidates participated in a two-day assessment process by the review team of Don Smith, Ernie Mueller, Steve Gilbertson and herself. The candidates went through five different exercises where they demonstrated their skills in information gathering, report writing and conflict resolution. They responded to puzzles provided by the assessors as well as to questions of the public. The assessors submitted their ratings to the City Manager, who will now check references and conduct interviews with the candidates prior to making the final selection.

Mr. Bruce reported that the Wetlands Review Board met September 24. They were provided the supplemental information for the Totem Creek Golf Course to review and comment upon. The Board felt it important to make comments to the Planning Commission and the Board will outline the draft letter at the next meeting, October 11.

Mr. Sanford reported that the Assembly Lands Committee had met. Discussed was the lighting ordinance that should have been sent back to the Planning Commission. Mr. Sanford requested that staff check into the status of that draft ordinance. Mr. Maguire indicated that the ordinance had not been forwarded but he would certainly check into that.

Mr. Pusich commented that the City is moving ahead on acquiring the Faith Lutheran Church property. This will be the future site of the Valley library.

Mr. Sanford added that the Lands Committee voted to appropriate money from the Lands Fund and recommend to the Assembly that the acquisition of three acres be approved.

Mr. Bruce said that the Wetlands Review Board heard more about Tonsgard’s logging and gravel extraction plans at Herbert River. Kristy Allen, a Herbert River resident appeared at the meeting to express her concern. He anticipated that when Mr. Tonsgard’s gravel extraction application comes before the Commission public interest would be intense.


Mr. Bavard asked if there were developments on the Malick appeal following the cancellation of its hearing October 9. Mr. Maguire explained that the Malick’s easement did not authorize commercial use and the next step for the applicant is to have the easement documents changed to reflect commercial and personal use. A hearing before the Parks and Recreation Advisory Committee is the next step as the issue is controversial and it involves CBJ parklands.

Mr. Allington referred to Mr. Graham’s letter to the Malick’s. He reminded the Commission that the Assembly overturned their decision in part because there was not an independent analysis of the road. The Commission had stipulated that the applicant provide an independent analysis indicating that the road was safe for two-way traffic according to AASHTO standards. Even if Malick obtains an easement, he urged the Commission to stand by their request of this independent analysis for that roadway.

In closing, Mr. Allington urged the Planning Commission to be vigilant and get the 2005 update of the Area Wide Transportation Plan underway. As well, he encouraged everyone that the local government has the right to direct what projects the Department of Transportation embarks upon.


Chair Dybdahl asked Mr. Maguire to address the timeframe for the next hearing of the Totem Creek Golf Course. Mr. Maguire indicated staff was making preliminary plans for a Special meeting sometime at the end of October. Staff needed time to continue its review of the recent submittals and to prepare their report. Oscar Graham, the Acting Director of CDD indicated that the earliest possible time for a meeting was the week of October 21.

Mr. Vick said that he would be out of town at the end of October but he wanted to participate in the hearing.

Mr. Allington announced his resignation effective October 23, 2001 when he would be leaving Juneau. Considering the amount of time he had invested in the review thus far, Mr. Allington hoped to participate in its final resolution as well.

Mr. Bruce suggested with two commissioners out during the end of October, an alternative might be for CDD to expedite it’s review so that a hearing could be held on October 16.

Mr. Maguire said he would share the Commission’s concern with Oscar Graham.

Mr. Bavard suggested Thursday, October 18 in order to give CDD two additional days.

Mr. Kendziorek wondered if holding a Planning Commission hearing on a day other than Tuesday might confuse the public. Most importantly, Mr. Kendziorek wanted the hearing to take place before the full Commission.

Mr. Allington supported hearing the item on October 18 and then holding the vote on October 23.

Chair Dybdahl expected that both the hearing and the vote would occur on the same night.


Motion: by Mr. Bavard to adjourn. There was no objection to the motion and Chair Dybdahl adjourned the meeting at 7:45 p.m.