The Woodbury Planning Commission approved an amended conditional use permit for Valley Creek Retail to allow a Moe's Southwest Grill restaurant at its September 22 meeting, while recommending denial of a variance request for lot subdivision on Military Road.

The commission unanimously approved removing a condition that previously prohibited class 2 restaurants at the Valley Creek Retail development at 6671 Valley Creek Road. The restriction was originally implemented due to a deed restriction with an adjacent property owner, but Lisa McCormack, representing Delta VWB LLC, indicated the parties had reached a revised agreement. The Moe's Southwest Grill would occupy 42 seats with five staff members during peak shifts, requiring 26 parking spaces. The development has 46 total parking spaces to accommodate the restaurant, existing Dunkin' Donuts, and retail space.

The commission recommended denial of a variance request from Nick and Kelly Johnson to subdivide their 4.9-acre property at 7086 Military Road into two buildable lots. City code requires a minimum of 3 acres exclusive of wetlands for lots in the R2 zoning district. The property contains 1.116 acres of wetlands, and neither proposed lot would meet the 3-acre requirement after accounting for wetland buffers. Staff determined none of the required findings of fact necessary to grant a variance were met for the request.

Nick Johnson argued the wetland makes the western portion of his property unusable and creates unique circumstances. However, commissioners expressed concerns about setting precedent and noted the property's challenges don't constitute the uniqueness required for variance approval. Commissioner Stephanie Swanson said she couldn't support the findings of fact, while Commissioner John Jarrett cited the lack of city infrastructure in the area as additional justification for maintaining lot size requirements.

The commission also received a kickoff presentation for the Southwest Bailey Property Master Plan, covering over 180 acres of development in southwest Woodbury. The master plan will address landscaping, pedestrian connections, architectural themes, and land use patterns for the mixed-use development that will include residential, retail, and light industrial components. Staff indicated the process will include neighborhood meetings and planning commission review before final city council approval later this year.