Planning & Zoning Commission - Regular Meeting

I call to order the April 28th, 2026 regular meeting of the Whittier Planning and Zoning Commission at exactly 6:05 p.m. Um, can we please rise for the pledge of allegiance

to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Thank you. Before we begin tonight's meeting, please note that digital copies of the packet are available on our website. A QR code is provided just outside the door or in the top left corner of the YouTube video. Open your phone's camera to scan the code and access the packet. Um, Madame Clerk, could you call the role, please? Thank you, Madam Chair. Mr. Durning, here. Mrs. Brazelton,

here. Mrs. Mrs. Jurgerson here. Uh, Mrs. Loan here. And Mrs. Stockberger absent. You have a quorum. Great. Thank you. Um, next is citizen comments. Citizen comments on any agenda item except those scheduled for public hearing are welcome at this time. Those who have signed in will be given the first opportunity to speak. Please note, this is not a time for dialogue. It is a time for you to speak and the commission to listen. Um, madame clerk, is anyone signed in for citizen comments? Nope. Okay. Is there anyone present who would like to speak? Anyone present that would like to speak? Okay. Um, then I guess we'll move on to the approval of agenda and consent agenda. Um, is there a motion and a second to approve this evening's agenda and consent agenda?

I'll make the motion. I'll second it.

Okay. A motion has been made and seconded to approve the special agenda. Is there any discussion on any of the items? All right. Hearing none, will the clerk please call the role? Thank you. Voting on the motion to approve tonight's agenda and consent agenda. Mr. Dirting, yes. Mrs. Brazelton, yes. Mrs. Jurgerson,

yes. Madame vice chair. Yes. The motion passes and the agenda and consent agenda are approved. On tonight's consent agenda are the approval of the September 30th, 2025 rescheduled regular meeting minutes and the approval of the October 8th, 2025 rescheduled regular meeting minutes. Moving on to conflict of interest. Uh, do any members of the board wish to declare a conflict of interest due to a financial interest that would result in a monetary gain or loss exceeding $5,000 in a single transaction or more than $10,000 total in 12 consecutive months? Do any members of the board wish to report any significant exparte contact? Um, in other words, have you spoken with anyone about quasi judicial decisions? presentations and reports. Um, I do not have a specific report. Um, zoning administrator, do you have a report?

I do not, but the assistant city manager may. Wonderful. Nothing to report at this time. Okay. So, new business. Um, tonight we have a resolution uh 2026-001, a resolution recommending the establishment of designated mobile food vendor parking areas on cityowned property. Um, is there a staff report? You need to make a motion first.

Okay. I'm sorry. It's okay. No. Oh, would you make a motion and then we'll have a staff report to go into the resolution? Yeah. All right. Um, does anyone want to make a motion to move into resolutions? I'll make the motion. I can second it. Thank you. Okay. So, we have a motion and a second. Should we call the role? Okay,

just the motion and second and then you can ask for a staff report and I try to keep all the commissions in in in the same preface of how we do things on a council level just as a as a reoccurring mechanism staff report.

Yes. Um sorry I haven't got to see you guys for a very long time. We haven't been able to have these type of regular meetings. Um, for newer people on the commission, uh, since I've been here for five and a half years, a big majority of conversations was at one point, you know, how do we allow mobile vendors? Mobile vendors weren't allowed, but your code actually did allow mobile vendors. And um but then it caused conflict of where you know where they could actually be placed and uh we talked about providing a um ground base for allowing vendors to come in. while your code approves it. Uh creating a program that lays out as a city, you know, designated uses doesn't mean that it's the only space that the mobile vendors could be, but it gives the ability for um certain right of ways, the ability for us to regulate it through licensing. Uh this has been a tried and tested mechanism in other communities. Uh my previous community we started with five or three then we went to five and I think they have a little over 10 now. Um and what this does is it still establishes a permit application fee and um but then it gives the ability for fair fair access. So, um, in this resolution, we do have what this could look like and the different locations. And so, I do want to point you to your packet so we can talk about it in the staff review so that we can then talk about the ordinance or the resolution in general.

So on page four of your packet is an additional layown uh from the current the previous packet that was given out in in um on Friday. If you're looking at it, you see these red rectangles. This is all city property and this is a possible layout of where these could be, you know, where right now mobile vendors could go. Um if you're you're looking at the first three right over the words Harbor View Drive, that's right next to the um Harbor Master's office and the caboose. And then there's those that open area that's got where they put um carts and things. So that would be that's space for three. And this doesn't designate how they have to be laid out. We're just saying that, you know, up to three could possibly be there. You could offer it. you know, maybe it's in a U shape just like we'd show right across the way. Um, now something to take into account is while the city does own and operate these leases andor these lands, um, right now the best and highest use might be a mobile vendor and then in the future it may those spots may go away because the best and highest use could be, you know, the build of bathrooms, the extension of a harbor master's office. And so this doesn't set it in stone. It's just opening up um more opportunity and versatility down in the harbor. So, uh this first page shows the possibility of seven locations that a mobile vendor could possibly come to. Um one of the things that I I've had over the last five years is it's really hard. I mean, mobile

vendors, they're required to be able to be connected close to a bathroom, right? So, it's, you know, we don't you we know where our bathrooms are. They're down in the harbor. And um you the walkability and the ability to do that, but on not to say that lease land couldn't be the great opportunity for it, but um that would be considered a sub lease and then you have to look at what that is. And so we have had a lot of interest over the last 5 and a half years of mobile vendors coming in just trying to find the location and and how to implement it. You know, I think last year we had two people, you know, trying to find a location and we pointed them in the direction of, you know, businesses and and, you know, it's it's very it's really distinct in our code because it's city-owned property and um small boat harbor, right? So, it's commercial. So, a commercial property the designation in Can you pull up that part of the code, Shelby? Thank you.

Yeah, that that would be to show I mean the commercial portion of it is very limited. Everything in town is zoned industrial, right? So, you don't have a lot zoned commercial, but you do have city-owned property. And so, this is the best of both worlds for the future of what that looks like. And then um page five is just a zoomed in of those areas. You know, the the overview page four shows you everything. You know what that that looks like. Another mobile vendor spot is at the Whittier Falls Park site. So that would be off of Glacier Avenue up where the Whittier Falls Park is um has got a design for. Uh page seven is head of the bay. And even as as far as today, uh discussion within the administrative staff is while we have this little red square right there on the waterfront area, it was recommended that we right next to the bathrooms. Can you point to that? Yeah. So right there where Shel's pointing is probably the best location. And it does put them closer to the bathroom. It puts them, you know, it puts the ability of that location. So, what we're saying tonight is this may be a designated spot, but it's in the general vicinity. That's all still city- owned property. So, we're not saying it has to be right there. Excuse my fog horn. And then um right out here in the public safety building, page eight, uh right here on the corner, right across from the museum is another possible location, you know, to try to bring visitors

across the way and um give give that ability. And then the the seventh the seventh site is Smitty's Cove. If I mean, I know you've all been out there. There used to be ConX's parked right there and we moved the ConX's over and created a little park area. You know, we do provide bathrooms out there. We do puties and that still follows within the state statute. So, as long as there's a bathroom in the vicinity, we can use it. And then, um the other harbor site is on page 10, but we've already discussed what that looks like. And then um can you bring up that zoning map though, Shelby? So, while Shel's looking that up, I just want to read to the council or to the commission that um your commercial and small business districts. So, commercial is the red areas on your map and then the green hashtag area is considered small boat harbor. And so while the commercial portion I mean one of the people that reached out to us last year the area that they operate in is not commercially zoned. It's the brown on your map there. And so Mhm. Yeah. So, um, by the way your code is written right now doesn't mean that it can't be allowed in the future, but right now this opens up the opportunity for the city to be able to help figure out and locate those areas. Um, the head of the bay again, yes, it's

in it's zoned industrial, but because it's city-owned property, we have the ability to put it there. Does anyone have any questions or thoughts they'd like to share? I have lots of questions. Um, lots of questions. You said the interest has that's been shown most recently like in the past year was two particular people or slots but we don't want to try out three or five. We want to go straight to 11. you do because you want because of the way Whittier is laid out, you know, and you you're trying to pull people from one area to another area and you sort of want to put it into the hands of the vendor. Maybe they do maybe they think their business would be better in the harbor and we have the ability to offer these areas, but at the same time they may say, "I want to come in on cruise ship days and I want to be at the head of the bay." Right? So, we want to just be able to give it out there. And because of the history that I have with this program, I I do see an area where by us offering this and this the these seven or 11 sites, you know, seven of them are in the harbor. It's not saying that all seven of them would be filled. We're saying that it they can be dispersed throughout, but we're giving them the opportunity to even put in an application for it. And even those two people, like I said, in the 5 years, I mean, when I first got here, I was flat

out told we can't we don't allow mobile vendors. And I was like, what? You know, I mean, up until even a two years ago that it was really set that mobile vendors were not allowed in this town. And we're like, no, your code specifically says they're allowed. It's just where they're allowed. And you know, while I think that in the future you can take away the spots, right? You don't have to fill every spot, but giving them the ability to do it and then seeing how it works, opening up the realization that mobile vendors need to fill out a permit to be able to come in and we have a permit application fee and those type of things. We're really sort of setting them up for success as well as the areas maybe maybe they are across the street and then we end up saying the best and highest use is not this spot but we still have these that are already designated across the the railroad tracks. I have more.

Correct. Um, in your section three of the rules,

um, they are allowed to operate only during the hours of 6:00 a.m. to 10:00 p.m. Do we regulate the hours that shops and or whatever harbor things are open currently? And why are we choosing 6:00 to 10? Because isn't the first charter out generally at 6, which means I would want coffee at 5:45. Uh the a lot of it has to do with I mean you as a planning zoning commission do not have that set that authority even though it's in here. It's a it's a policy, right? So if they we don't oper we don't have operation noise levels you know after 10 p.m. you know, generators can't run even though we have, you know, we we have trains that run and everything else. But the the noise ordinance part of things, most people, you know, if your business starts, you want to start your business at 5:00, you just have to realize that as a policy, we'll let you operate your hours. But what we're saying is, guess what? at 4:00 a.m. you're not going to be setting up a generator and, you know, next to a campground and and throwing up doors. We're saying at 6:00 a.m. that that's doable, right? But, um, as the planning and zoning that those rules are us enforcing them and giving them the allowable time to set up and take down, you know, these aren't permanent structures. So, you know, they make they and it's what time the tunnel opens. And so yeah,

sorry because also there's a fee structure and fair access which means the assignments would be issued annually. Does that mean then their truck can be parked there all year long?

No, the the actual application is for a specific time period, but annually they they don't get the spot every year, right? What we're saying is every year you have to apply to get the spot. And the spot, you know, in the previous in my previous program, the spots were only available during the season, during the tourist season, right? And and you didn't get to Well, you could say, "I would like spot A." You you are not guaranteed spot A. You have to apply every year. And so that first year that we did it, that had three spots, we had 10 people sign up. We issued three and the next year we were like, "Okay, this is really great. We'll add five." But those people didn't get the same location. They they had to apply for it. And it was basically first come, first serve type thing. So we don't expect that is it just food or is it vendor mobile vendor because there is a difference to me. No mobile vendor is it's not there's not a difference. A mobile vendor is a vehicle and or um enclosed trailer of to sell. So I mean somebody could come in and be a te a mobile vendor t-shirt shop. They they it is the the part of it is that it is mobile, right? That they they can put up pretty much anything that they want in that statue.

It does say mobile food vendor, but um so my concern with that is I'm renting spot as an example. I'm renting site seven as a mobile vendor. I take my enclosed trailer to Smitties and I sell coffee to whoever for a dollar and then I leave my kayaks in it all season long because I get to park here for $240 a year. I I'm trying to understand I am trying to understand what makes them a mobile vendor versus this is just another great place to park a trailer and store my stuff for really cheap

that and I don't know how else to explain it except for technically it's an enclosed trailer where I sell coffee to one person which means I'm now a vendor. I've paid my fees, but my kayaks are dry and happy. But I get a prime spot at Smitties, and I don't have to take my car out there every single every single time. Well, within the permit application, you're stating that you're selling coffee and so the city will enforce that you're not selling you sold your coffee, but it's not a storage. It's not storage. And that's that's a policy thing, not a planning and zoning thing. So while you're asking the question, it's an administrative process that we would do the enforcement, we would do the things that were were the requirement. While you think you got a really good deal as the person getting the spot, there would be implications that we would then go, okay, well, you don't get to store all your stuff around it, right? You have to be enclosed. You have to be there. You have to operate from this time to this time. You have to say what your business plan's going to be. You have to put all of that. And if we come back and go, "Yeah, yeah." It's part of the the application process of it.

Can I ask this might be a dumb question, but um so you have a $250 um annual licensing fee. Is that do do you have to pay rent on top of that like for the spot or is that included in the the license? No, it's it's you're paying that $250 for that spot that that that if it's approved and given that is your spot from X date to X date. So let's say the program is from May 1st to September 1. And and I will tell you, I mean, this program uh the other city, it's $500 a month. You you pay $500 to put your application in and then you pay $500 a month for that location. And that would be the same type of premise here. So, it's not considered rent, but you pay for the application fee and then you would still pay, but it would be a set on the the overall fee. Does that make sense?

So, yes, let's let's just say it this way, make it easier. Yes, it would be a there would be a considered rent for the space. You're putting in an application that cost $250. It's not giving you the space for $250. It's saying you're putting in an application for 250. You agree to this location, but then there's a fee every month for that spot for four months. Oh, okay. Okay. I just wanted to Okay. I was I guess I'm thinking like how does this benefit the city if we are giving spots away for $250? So that it's just the application fee. Okay. Thank you. Mhm.

I I think all of my questions maybe are or most of my questions are application questions. So, I'm just going to keep asking them and I I'm going to keep answering that that's mostly administrative. So, yep. Um, go for it. In this application process, are we considering the other businesses that are already established in this town? for example,

going to stop you because as a planning and zoning commissioner, you don't get to make those type of decisions. So, you shouldn't even like those questions to be honest. Like, we don't compare what that looks like. You're comparing whether or not the use is good and whether or not the city has the ability for said use.

Okay. Um then on a logistical level is the city supplying power and or water or is that okay? I think uh I am somebody who really likes mobile vendors and I am really excited for this. Um I don't think I'm excited for the Smitty's Cove location. Um I love that it's a park and I love that you can go out there. It's sort of like a hidden gym for locals. Um, and I don't really feel like there needs to be a site out there for a mobile vendor, but I just wanted to like

Yeah. Um, to piggy back off that, I was going to touch on that as well. I see these most of these sites like I think the harbor front that makes perfect sense because there's a ton of people there and it can maybe kind of help spread out the crowd, give people options. That makes sense to me when I look at um especially like the head of the bay. There's a campground there. There's a cruise ship dock there. There's, you know, that's really cool to be able to, you know, have a snack on the beach or at the camp around your fire, something like that. Like that makes sense to me. And there's space. Um when I see the option for right out here, I think that makes great space. like great sense too because that's kind of like our, you know, like our little town corner, you know, museum and trails and just kind of the heart, I guess, of where everybody's passing through. There's this city building and businesses around. Um, but yeah, then when I think about Smitty's Cove, I think about how there's already so much stress in that area and especially in the summer. You can't get parking. There's businesses operating in and out. It just seems pretty chaotic. And again, yeah, it's nice to have a place when there's all these crowds for locals to be. So,

so let me tell you why we picked Smitty's Cove. Sure.

Okay. Has nothing to do whether or not there's a person there every day. It has to do with if you as Parks and Wreck decide to throw an event and you want to have let's say Parks and Wreck wants to have an event out at Smitty's Cove like a cold plunge and they would really like to have a a mobile vendor be out there to give ice cream or hot chocolate whatever it is for the cold plunge. Right now you could not do that. But if it's if it's a possible location where a mobile vendor could be, then you have the ability to to have those like so we're not saying these are the absolute spots. What we're saying is right now if you wanted to have an event at Smitty's Cove for the locals and you wanted to make, you know, have a band out there and you wanted to, you know, bring and maybe there maybe maybe Miss Brazelton has her coffee shop and she wants to pop it up. You couldn't do that unless it's a one of the designated locations where a mobile vendor could be. Okay, that makes more sense to me. Um, I don't have a copy of the map in front of me, but is there um for the going along the same guidelines, is there space at around or near our city park that would be allowed or no, it's not zoned correctly?

It's not. It's city property, but it isn't zoned correctly. So, you've got commercial andor or harbor and city- owned. Um, while these mobile vendors spaces, it's not saying that you couldn't, it's not saying that you couldn't offer that the city couldn't offer a one-time permit to allow said vendors, right? But that's another reason why we pushed one towards your Whittier Falls Park, right? because on a safety standpoint, I wouldn't want to put a bunch of mobile vendors on on this park because of the safety reasons. But it's not saying that you couldn't you couldn't you could ask to have a space designated for possible future use. Do we have any more questions or discussion thoughts? feelings is site number eight uh currently where the recycling is the big like recycling area.

Yes, it is. Okay. Um is there enough space there to have that still and a mobile vendor? I just don't know.

We've already addressed what that could look like. I mean, right now, yes, you have you have the cardboard, but it it could also be moved to another location. Um, you know, we even realized today that regardless of what anybody would like to hear that they used to put the dumpsters out right on the in the parking area. So, you know, but yes, it's not saying that yes, right now that's where they would be, but yes, it has the capability of being moved. Thank you. All right.

Yeah. Could I suggest um just for the sake of clarity um if you do want to remove site 7, could we maybe do an um a motion to amend resolution 2026-001 to remove proposed site 7 from exhibit A? Is that the Smitties? Yeah, that's Smitties. Do we because you're saying

Go ahead. I'm sorry. You said there was a possibility of a one-time exception for Jaime's polar plunge. Is that still accurate even in a different location? Not unless you've designated the space. And that's why I said, you know, if you guys wanted to add a space into this into this park, you could also do that type of amendment. But as it sits right now, because there isn't a space dedicated there, then we would not allow a one-time permit for for those usages that usage. How are we feeling about amending it? would does anybody have any thoughts on removing it entirely, keeping it in?

I I think right now my my thought is because we were planning zoning commission, we it's sort of a decision of like is this a good use of space or is it not? And in my head, sorry, I'm just sort of thinking out loud. Um if we go ahead and say like, oh, this is a good use of space for it. I don't think we can like necessarily regulate like how many times it actually like gets used. And that's my worry is that we say yes to this and we still end up with a mobile vendor out there all summer long. And I really love the idea of having, you know, uh, a parks and recck event out there and having a mobile vendor out there. I think that's great. But if we can't regulate that, that won't it won't be there all the time. I don't think that's a a good use of space. Um I love, you know, going out there having the the bench, you know, the bench that's out there and, you know, having a little bit of like untamed. There's something untamed about Smitty Cove that I really like. And um so yeah, I don't I'm hesitant to like I yeah to go ahead with it.

I could possibly even recommend that you go back to what Miss Brazelton said. Instead of jumping to all sites, maybe you look at what the sites that are available on page four and maybe those are the only ones that you you approve and that would be only the harbor area for now. I actually do like the idea of Whittier Falls having one out there. Um, I could like see in the future having a a music event out there with Parks and Wreck and I think that would like to me that makes sense. Um, yeah.

The other one that I feel like makes sense just today too is the one that would be out in this area on this corner. Yeah, I I think that Yeah, Smitties is still the only one that gives me any pause. I think that all the rest of the others are seem very logical and like it'd be a good opportunity. And

so I'd say remove it for now and then see what the future brings for it and see how it works. It's not it's not that it's, you know, written in stone. This is a this is a resolution. You know, code can change and and areas can change just like I said. So, I I would say remove that that idea of what it looks like and and then maybe we re maybe in a year we review it and see what what even happened. I mean, you still have to get the word out that we're opening it up, right, for that that capability, but it doesn't hurt. How does everybody feel about that? I just want to clarify that none of these harbor front areas are available for any other type of city rental business rental that has nothing to do with the mobile vendor. As I said earlier, these sites right now are city-owned properties. And right now we may say it may be this may be the best use but it could be tomorrow the city decides to put up a bathroom there and then they say it's not the best use this no long this space is no longer available type thing. So um all of this land is areas in which the city does own and operate. One we haven't really discussed is the head of the bay. Um, we had kind of mentioned like maybe a better site would be in the campground. Um, I don't know exactly how I feel about it, but I do worry about uh if it were further from the campground like it is shown in the map right now. Um, just garbage accumulating on the beach from food or beverage services.

Yeah. Yeah. And even like I said earlier that discussion when we you know we show this red square rectangle on it. It was like well you could move it right over here. And we're like what where's that? And they're like right by the ba by the garbage by the dumpster by the you know. And so, you know, the the process itself, if it if it goes the way that it has in the past, you see somebody apply for it and, you know, we say this is the designated area and um, you know, we go out and we chalk it and say this is the spot. And so, I agree with you. And after even looking at it today and when we blew it up and it was like, "Oh yeah, why why didn't we think of putting it in the campground instead of at the head of the bay?" But even just putting the head of the bay opens it up so that we can then choose. I mean, right now it's one, you know, maybe next year there's two at the head of the bay type thing. Any other discussion? Or are we okay to move forward with the amendment leaving out the Smitty's Cove site?

Yeah, I think so.

Yes. Do we have a motion and a second to do that? I can make the motion. I'll second. Okay. Any further discussion? Okay. Hearing none, madame clerk, will you please call the role with the amendment? Thank you. Voting on the motion to amend resolution 2026-001 to remove proposed site 7 from exhibit A. Mr. Dirting. Yes. Mrs. Jurgerson,

yes. Mrs. uh Brazilton, yes. Vice Chair Loan, yes. The motion passes and resolution 2026-001 is amended. Returning again to the motion to approve resolution 2026-001 as amended. Any other discussion on the resolution? Okay. Hearing none, u madam clerk, will you please call the role?

Thank you. Voting on the motion to approve resolution 2026-001 recommending the establishment of designated mobile food vendor parking areas on city-owned property as amended. Mrs. Brazilton.

Yes. Mr. Dirting. Yes. Mrs. Jurgerson. Yes. Madame uh Vice Chair Loan.

Yes. The motion passes and resolution 2026-001 is approved as amended. All right. Um I think next we're moving on to other new business, right? Um or we approved it. Oh, we we approved it. Sorry. Um so I guess next is Commissioner comments. Um Ben, do you have any comments? Anything? Aubrey?

No comments. Heather nothing. Okay. Um then moving on. Um next is citizen discussion. Time is limited to five minutes per speaker on any subject over which the commission has control. Again, this is not a time for dialogue. Rather, it is a time to allow citizens to speak and the commission to listen. Madame clerk, is anyone signed in for citizens discussion? No one signed in. Okay. Are there any others present who wish to speak at this time? Mr. Shen. Hey, good evening, Commissioner Victor Shen here at the at the podium. Um just want to say thank you for um putting community at the forefront of your decision-m here thinking about people uses current uses and future uses that of uh community members are using like I also utilize Sin's cove quite quite a bit with my family and I do great with Mr. dirting. It is a it is a little gem. It's wonderful there. Um and also your other questions, thoughtful questions to wondering how this plan will be implemented. Um I guess my concerns going forward is when the fee structure is implemented know that with the mobile men vendor um there's a state statute how they need to be near a bathroom and trash recepticles. So that means that the cost of restroom facilities and trash will be you know the city or harbor I guess I don't know how depending on location is going to be

taking that on and so that hopefully you know I am hoping that we will implement a fee structure with that in mind um because the cost of trash in Whittier is extremely high um and then with the head of the bay comment there Like when we think about mo mobile vendors, we think about, in a way, uh um food a lot of times, but Miss Wild also mentioned a t-shirt shop. Well, what about like uh other mobile men could be like a services, you know, something at the head of the bay? could be a service or a tour as as a home base for tours or headed bay and um the portage pass even. Um and then so thinking about how that can change um traffic and use and uh um I guess the feel of the community. It's not just food. It's also could be tours. It could be gifts. It could be I mean I can't imagine what other businesses people will come up with and bring in that we can't imagine right now. But thank you for thinking of us.

Thank you Mr. Shen. Um does the commission or administration wish to respond to citizen comment at this time? Okay. Okay. All right. Is there any further business? No. There being no further business, this meeting is adjourned at 6:50 M.