StoryPlanning commission actions on restaurant permit approval and subdivision variance denialSeptember 23, 2025

Planning Commission Approves Restaurant Permit, Denies Subdivision Variance

Meeting date: Sep 23, 2025
Published Oct 8, 2025

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.

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Full analysis
  • Potential precedent-setting controversy regarding variance approvals for lot splitting in R2 districts.
  • Tensions between private property rights and restrictive wetland/deed covenants in residential development.
  • City staff's explicit recommendation of denial versus applicant's argument for unique hardship.
  • Infrastructure challenges (lack of city water/sewer/hydrants) cited as barriers for increasing density on rural lots.

Approve project 07-2025-0000588 (Valley Creek Retail)

PassedVoice vote (unanimous)

Moved by Commissioner · Seconded by Commissioner

It's 6 acres that, you know, half of my land is essentially unusable. And I'm just trying to realize the use of the property.

Nick Johnson
7086 Military Road VarianceDuring discussion on variance application at 7086 Military Road.

In order for a planning commission and city council to ultimately approve a variance, it has to identify that a property is very unique.

Dan
Variance processExplaining the high evidentiary threshold for granting a variance.
Source document

[14:35] September 22nd, 2025 planning commission meeting. If all commissioners will please mute your microphone until it is

[14:41] your turn to speak, that would be appreciated. Members of the public may join using a PC, Mac, iPad, iPhone, or

[14:49] Android device. Members of the public can access the meeting online at the city's website, and public can ask

[14:54] questions and comments during the meeting by using the link to the virtual meeting to join and submitting the

[14:59] questions via the online Q&A feature within the meeting. Questions regarding this meeting can also be asked during

[15:06] regular business hours at city hall. And with that, we will call the meeting to order. If you are a member of the public

[15:13] and wish to speak on a topic, please fill out one of the yellow forms at the back of chambers and provide that sheet

[15:19] to staff. You will be called on after the project in reference is presented.

[15:24] Residents viewing online, please add your questions to the Q&A field along with your name and address. And with

[15:31] that, Dan, will you start the roll call, please? Thank you, chair. Uh John Jarrett here.

[15:40] Saurin Shaw here. Marcia Kennedy

[15:45] Shannon Olsen here. Thomas Harrington here. John Colum.

[15:51] Stephanie Swanson here. Adrena Nagalling here. Daniel Cho

[15:56] here. Chair, we have a quorum. All right. Thank you very much. The first item on the agenda this evening is

[16:02] the Valley Creek Retail Amended Conditional use permit project number 07-2025-0000588

[16:11] and the staff member presenting this report will be Eric. Thank you, Chair. Lisa McCormack on

[16:17] behalf of her client Delta VWB LLC has submitted an application to amend the

[16:23] existing conditional use permit to allow a class 2 restaurant within the existing

[16:28] building found within the Valley Creek retail development. The proposed site is located at 6671

[16:35] Valley Creek Road and is currently zoned B2 general business district and is guided as places to shop on the land use

[16:43] plan. At their July 17th, 2019 meeting, the city council approved the Valley Creek

[16:50] retail development. the project receive authorization for architectural design, landscaping, lighting, storm water

[16:57] parking use, uh, parking, the overall uses, and the like. The conditioning use

[17:03] permit also included a condition of approval that prohibited class 2 restaurants due to an existing deed

[17:10] restriction on site that prohibited fast food uses on the site. The conditional use permit condition and deed restricted

[17:17] were implemented based on previous agreements with the adjacent private property owner that owns and manages the

[17:24] shared private driveway. Per the attached the letter attached to the planning commission staff report. the

[17:30] property owner and the applicant have uh reached a revised agreement and those uh

[17:39] with a renegotiation and the previous terms are no longer uh in play.

[17:46] The application in front of you this evening does request to remove that condition of approval from the

[17:52] conditional use permit to allow a class 2 restaurant from Moe's Southwest Grill

[17:58] to occupy the remaining tenants space. Code section 2443 outlines the

[18:04] requirements for granting of a conditional use permit. Those findings of fact remain uh in full force and

[18:11] effect from the original Valley Creek retail and those are uh not needing to be amended tonight. As we take a look at

[18:18] the site plan quickly, no modifications are proposed. The site plan remains as

[18:24] is. The parking for the use is uh compliant with the zoning ordinance.

[18:30] Today the zoning ordinance requires a requirement of one space for each two seats plus employees for class 2

[18:38] restaurants. The applicant is proposing to install 42 seats and would have five

[18:43] staff on their largest shift for a total parking need of 26 spaces. The previous

[18:49] approvals uh was all calculated at retail which is at a one per 185 square

[18:56] ft of building area which included 35 parking totals. The applicant however

[19:02] installed 46 parking stalls to allow future flexibility for tenants. The

[19:08] applicant is meeting as shown on the screen the parking including the coffee shop which is Dun I'm sorry Dunkin

[19:15] Donuts the retail space and proposed class 2 restaurant for Moe's. With that

[19:22] staff does recommend the uh approval of the amended conditional use permit for the Valley Creek retail Moe's Southwest

[19:28] Grill. And it does not appear the applicant is on hand but I am happy to answer any questions you may have.

[19:35] All right. Thank you very much. Have there been any yellow sheets received or questions submitted via teams?

[19:41] Not at this time, chair. All right. Thank you. The Q&A will stay open for the duration of the project discussion. If there are any questions,

[19:47] please enter them and staff will read them for the commission. And with that, we will open it up to our commission

[19:53] members for questions. So, we'll start with Commissioner Swanson. The one time I go first, I have no

[20:00] questions. I I have no questions. It seems like it was a private disagreement that led to

[20:07] the condition that has since been resolved. Everybody seems fine with it. Parking works great. No changes. Fills

[20:14] an empty tenant space. Sounds good. Great. All right, Commissioner Sha.

[20:20] Um, thank you, Chair. Um, I do have a couple of questions. They're probably clarification questions. So, um, so

[20:29] there is already a drive-thru, correct? That that is correct. There is a drive-thru for the existing coffee shop.

[20:35] Correct. And and so when I read u it says that the permission actually didn't

[20:40] include um did not allow a drive-thru. So So I'm just curious as in why there is a drive-thru already in place around

[20:47] this building. The deed restriction identified uh not allowing a drive-thru for a class 2

[20:54] restaurant. Coffee shops are not identified as class two restaurants. Okay. Thank you. And then I guess from

[21:01] the the the site plan that you had in here uh that you had included for us um

[21:08] I was just curious as in you know the entrances into each of the businesses the existing and the new one. um you

[21:16] know could you identify those because the parking is essentially on one side of the building, right? So um how is

[21:23] that going to work with the new business which is going to be primarily people walking in, right? Um as compared to you

[21:32] know just doing a takeout for example. Yeah, it is anticipated that the majority of the parking will utilize the

[21:40] areas along the eastern portion of the site. They certainly could use the western portion and access the site

[21:46] through the shared uh sidewalk area. Duncan ends somewhere in this location.

[21:52] You can kind of see the front door creations within this different air photo.

[21:58] So the new business will be on the right side as we are looking at that plan view. That is correct. Okay. So the parking lot is there. So

[22:04] the pedestrian because I I'm kind of the reason I wanted to understand that is

[22:10] because there is a drive-thru, right? um you know don't want the pedestrian

[22:16] walkth through to be actually uh create an unsafe situation going into this new

[22:21] place when there are cars going by. Yeah, there is a proposal to stripe a

[22:27] crosswalk within this location to allow safe crossing within that location, but

[22:32] the movement is to come in off of that shared driveway into the parking lot area. So, there will be some level of

[22:40] traffic that does cross through that location, but again, that is an existing

[22:46] um drive-thru use and there is vacancy within the space. So, there is likely to have that crossover as part of the

[22:51] overall design. So, the staff thinks that the the proposed striping that you pointed out is sufficient for ensuring security for

[22:59] people walking across. Yeah, we we think the sightelines are um

[23:05] are positive that again the movement coming in off of Weir Drive coming back

[23:10] into this location. There's a straight shot to see pedestrians moving. Even if they come in off the first access point,

[23:17] there's very good sight lines that are not blocking that movement into the drive lane. I think we'd be more

[23:24] concerned if there was heavy movement come cutting through the exit than the entrance as well.

[23:29] Okay. Thank you. That's that's all I had. All right. Thank you very much, Commissioner Jarrett.

[23:37] Um I really don't have a whole lot uh to question on this except for one clarification. If this is going to be a

[23:43] class 2 restaurant and the existing coffee shop were to leave, could the

[23:48] existing can Mo then have a drive-thru? Would they be allowed to in this space

[23:54] since it was approved with a drive-thru? I would need to receive a conditional use permit to so they come back through again.

[24:00] That's correct. That's all I've got. Thank you. All right, Commissioner Harrington.

[24:07] Uh, thank you, Chair. Um, I also only have one question slashc comment. So on

[24:13] the site plan the the red lines indicate the allocation maybe not allocation but

[24:20] just showing where the 20 six parking stalls would be for MO not

[24:27] saying this is where you have to park not saying that there's going to be signs there this is like many retail

[24:33] it's just everybody shares the same parking lot that's correct this is just indicated to say hey here

[24:38] are the 26 that we're thinking about yeah it's a graphic representation okay great thank Thank you. That's all I

[24:43] have. All right. Thank you, Commissioner Engaling.

[24:49] Um the only question that I have is in the long term of the site, how would um

[24:57] the maintenance for like landscaping or like shared access um affect the

[25:02] development for the site in the future? I'm sorry. Can you ask that question

[25:08] again? How would the um maintenance for landscaping or shared access agreements

[25:14] like affect the site in the future for in the long term? Yes. Um so the existing there's two

[25:21] agreements. Uh the shared access agreement and I'm going to use a different graphic here. The shared

[25:27] access agreement is for this roadway. Shows it a little clearer. That is an

[25:32] access with the commercial use to the south. Those agreements identify things

[25:37] like maintenance um cost recovery. So there is the property owner of the south coordinates

[25:44] the activities and the structure to staff's understanding of the agreement

[25:49] is that there's a reimbursement for those costs as it relates to the landscaping on the rest of the site that

[25:56] is completed by the property owner not by the individual tenants. Okay, that's all the questions that I

[26:02] have. Thank you. All right. Thank you, Commissioner Cho. Yeah, I just have one clarifying

[26:08] question. Um, on the site plan, it says there's 47 total parking spaces, but then on the actual thing it says 46, and

[26:14] then when I counted the individual parking spaces on the site map, I counted 46. I think there was a typo in

[26:20] the bottom left corner saying there's five stalls instead of four. I will take a look at the math, but

[26:26] thank you for bringing that. Thank you. That'll be all chair. All right. Thank you very much. And I

[26:32] did not have any questions myself either. So I guess I will just make sure. Were there any questions at all

[26:38] received via teams? Not at this time. Chair. All right. So are there any additional

[26:44] questions from any of the commissioners at this time? All right. Hearing none, staff would be

[26:50] looking for a recommendation for the project. I move to approve project 07-2025-0000588

[26:58] with the conditions of approval as listed in the staff report. Thank you. Do we have a second? I'll second that.

[27:04] All right. We'll now vote on this motion. All in favor, please say I. I. I.

[27:09] All oppose, please say nay. All right. And with that, this uh

[27:14] project does earn the recommendation from the planning commission. and this will be then moving on to the public

[27:20] hearing portion of the city council meeting on October 8th of 2025.

[27:27] All right. So, our second item on the agenda this evening is

[27:33] uh the 7086 military road project variance project number 29-2025-0000580.

[27:44] And the staff member presenting this project will be Dan. Thank you, Chair.

[27:51] Nick and Kelly Johnson have submitted an application requesting a variance for the R2 zoning uh for their property

[27:57] located at 7086 Military Road. The zoning code identifies a minimum lot

[28:03] size of 3 acres exclusive of wetlands. The variance requests to allow two buildable lots on 4.9 acres exclusive of

[28:10] wetlands. The property is zoned R2 single family estate district and is guided as rural estate on the land use

[28:16] plan. In order to grant a variance, city council shall rely on review from the plan commission and community

[28:22] development staff to review the findings of fact regarding the merits of a variance application. These findings are

[28:28] established by city code and state statutes and are intended to assist policymakers in determining whether

[28:33] situations and circumstances are unique and outside of the control of the applicant. By clearly identifying that

[28:40] there are unique circumstances, a city can understand and reduce the possibility that a variance decision

[28:46] becomes precedent setting within a community. It is important to note that if a variance request is determined to

[28:52] be reasonable but not not unique, then the more appropriate tool to address the reasonable request would be through a

[28:58] zoning ordinance amendment process. The finding of findings of facts uh for

[29:05] criteria for granting. In order for the city to issue a variance, the applicant must meet all of the findings of fact

[29:11] identified in the city code. As shown on the screen and in the staff report, staff has identified that none of the

[29:17] required findings of fact necessary to grant a variance are met for this request. The findings of fact are

[29:23] adopted via the attached resolution included in your staff report and are shown on the screen.

[29:32] Nick and Kelly Johnson with their variance request uh states that minimum lot area shall be three acres exclusive

[29:38] of water bodies and wetlands. The city of Woodbury has had conversations with the applicant and the property was

[29:44] encumbered by wetlands and that the lot could not be subdivided. The wetland delineation report indicates that there

[29:50] are 1.116 acres of wetlands on the property which brings the area exclusive

[29:55] of wetlands down to 4.98 acres. In addition, city code section 27-15

[30:01] protection of wetlands states that all wetland bufflers shall have a minimum 25 foot minimum undisturbed buffer from the

[30:07] delineated wetland boundary, which would be additional unusable land for septic and wall sighting on the property. The

[30:14] image on the screen shows the wetland and associate wetland buffers sub buffer impacts to the property.

[30:22] The image on the screen identifies proposed subdivision with lot A measuring just over 3 acres at 3.03 03

[30:28] acres and lot B measuring 3.07 acres. Neither of the proposed lots would meet the required 3 acres exclusive of

[30:35] wetlands requirement. A neighborhood meeting was held uh on September 15th, 2025. There were six adjacent residents

[30:42] that attended the neighborhood meeting. Questions centered on timing of the process, driveway access, and overall

[30:48] process of splitting a lot. There were comments from an adjacent resident or property owner that mentioned that they

[30:53] would like to explore subdividing their 5acre parcel if this variance were to be approved. With that, staff recommended

[30:59] denial of the variance request project number 29-2025-00580

[31:07] uh for the variance at 7086 Military Road. Subject to the findings of fact

[31:12] found within your staff report. Staff and the applicant are on hand for any questions.

[31:17] All right. Thank you very much, Dan. Would the applicant like to add anything additional at this time?

[31:23] If you don't mind stating your name and address. Yeah, absolutely. Thank you. Nick Johnson,

[31:29] owner of the land in question. Um 786 Military Road in Woodbury. Um

[31:36] I've never done this before, so we'll uh start fresh here. Um, as far as none of

[31:43] the criteria being met, I I don't necessarily think that's entirely

[31:49] truthful. I I think that we do meet several factors of it, like the uh

[31:55] keeping in harmony with the neighborhood. I believe anything we do with the lot if it were to be subdivided

[32:02] would stay in harmony given the fact that uh our intent is to put another

[32:07] house on that lot. Either be for me and my family or somebody else. Haven't

[32:13] really decided that yet. And uh and to be honest with you, it's the other

[32:21] my notes here.

[32:29] Um we don't intend to switch zoning of any kind or stay outside of the guide

[32:35] other than the the lot size designation. There are 29 other lots

[32:42] within a mile radius of our home that are under 3 acres. Um, some which have

[32:49] wetlands. Um, some many that don't. Um, and on that I believe,

[32:58] let's see here, on military, which we border military

[33:04] and woodland, there are about 17 of those 29 on those two roads. Um,

[33:11] and anything we do on there would stay heavily wooded because let's face it,

[33:16] trees are appeasing to the eye and are beneficial to any lot you might or any

[33:22] home you might put in there. So, it would be something of our interest as a homeowner to keep the as many trees as

[33:28] possible. Um, and then, uh, as far as anything else

[33:33] that goes into putting a house on the lot, septic system, well, all of that would be minimally,

[33:40] um, intrusive on the lot, given that an acre or a septic system maybe takes up

[33:46] less than a tenth of an acre. A house takes up less than a quarter of an acre and we would have two and a halfish

[33:52] acres to do something with it. Um but really the crux of of our our

[34:02] um really going through with this variance is the fact that the wetland that

[34:07] currently is there essentially makes that portion of the land that's west of

[34:13] my current home unusable. There's no access to it. I can't go

[34:19] across the wetland. I can't go into a county easement to get to it, which

[34:24] would be the only other option. And the only way to access it would be to create

[34:30] another access point. And so if I were to do anything with

[34:35] that land, the means of access or need for an access is um an obligation.

[34:42] So um in that way we think you know not that we were ever g you know when we

[34:48] bought we weren't given a wetland delineation report. We didn't know where the wetland was and was not. Um you

[34:55] could obviously take a look and see for yourself for the most part a pretty good idea but didn't have a realiz

[35:01] realization it was that extensive. Um, so that's kind of where we say this

[35:06] lot's pretty unique, uh, in the sense that it's not just five acres or

[35:11] whatever of dry land that I'm trying to split. It's six acres that, you know,

[35:17] half of my land is essentially unusable. And it, you know, and I'm just trying to

[35:24] realize the use of the property.

[35:35] All right. Anything else you want to add before questioning? Not right now. No.

[35:40] All right. Thank you. All right. With that, then we will or

[35:46] actually, let me double check first. Have there been any yellow sheets received or questions submitted via teams?

[35:52] Not at this time, chair. All right. Thank you very much. Um, feel free to sit or stand yourself, Mr.

[35:58] Johnson. Not sure if you'll get called back up, but feel free to come up and down as as

[36:04] the questions arise. All right, Commissioner Swanson, we'll start off with you.

[36:09] All right. Uh, I want to start asking staff the question of why are we looking at a

[36:15] variance instead of the zoning amendment that was discussed in the staff report?

[36:21] What led us to this process? The applicant has made an an application for a variance. We have communicated

[36:27] that through the applicant that again if they have a dis they have a choice on what type of request to be reviewed by

[36:34] the planning commission and council. A variance by nature is a uh narrow policy

[36:41] decision. In order for a planning commission and city council to al ultimately approve a variance, it has to

[36:47] identify that a property is very unique. That it's Dan, if you can put the

[36:53] findings up, that all of the findings that are shown on the screen and further discussed within

[37:00] the resolution and within the staff report are met. Conversely, a zoning ordinance amendment

[37:07] can also be requested by an applicant and then that's looked at it globally. That would mean that every property

[37:13] could then be less than in this case less than 3 acres in size if they have a

[37:20] wetland. So, it's really a different question. It's in front of you this

[37:25] evening as a variance because that's what the applicant requested. Was there discussions with the applicant about

[37:30] zoning amendments before the application came in? From the from the beginning, we have

[37:35] been from a staff standpoint very clear that ultimately the staff would be recommending denial based on the findings of fact. It is not unusual for

[37:42] staff to have conversations with uh residents or prospective residents

[37:47] regarding zoning related matters. We try to be very transparent with what we believe ultimately so that individuals

[37:53] can make a decision. It's fully within an individual's rights to go through this process, but we want to make sure

[38:00] that they're well aware of the strict test that a variance is. As it relates

[38:06] to a zoning ordinance amendment, I don't know if that's any easier um to approve

[38:13] that would, but we have not spent significant time from a staff standpoint to evaluate the merits of a full zoning

[38:18] ordinance amendment at this time. Okay. I'm I'm basically trying to narrow down the logic of

[38:26] did we talk to staff and staff said globally we're not going to go for this. We're going to recommend denial. Your

[38:32] best chance is a variance if your unique pro if your property is unique enough.

[38:37] And that's the question before us. Is this property unique enough?

[38:43] Yeah, the uniqueness is one of the criteria. Just to be clear, in order to grant a variance, all of the

[38:48] requirements of the findings of fact need to be met. Um, as it relates to again a zoning

[38:54] ordinance amendment, that's a broad policy related topic that would need to be looked at from how many properties

[39:00] are impacted by the decision. Um, can our infrastructure system support that? Can the rest of our goals,

[39:07] some of which are similar to the findings of fact, if we are reducing the

[39:12] the lot width across all of the R or lot size in all of the R2 district, I think

[39:18] there probably would be some natural resources impacts. There likely would be some access management challenges much

[39:25] like you're seeing as part of the variance, but again, staff has not done a detailed review of that. Okay.

[39:35] I understand the desire to want to split and build another house, whether it's

[39:41] for somebody in your family or to just sell the lot. Personally, I can't get

[39:46] there on these findings. I

[39:52] I don't feel that this site is particularly unique. It is wooded. Many

[39:58] lots are wooded. It has wetlands. Many lots have wetlands.

[40:04] The figure that you've brought up about 29 houses, has that been verified by

[40:10] staff? Do we Is there something that led to these lots being that size?

[40:16] We have not verified the 29, but I I wouldn't refute it aggressively that that number is not accurate. I It very

[40:23] well could be. In the R2 district, there are properties that because of the

[40:29] historic nature of the community that are less than three acres in size. In the R2 district, there are some lots

[40:35] that are served by sanitary sewer, for instance, and have a septic or a well. And then the inverse of that, there's

[40:41] some that are served by a well, but are on private septic that also impact the lot sizes. But it is accurate to say

[40:47] that there are varying lot sizes. I think from the precedent standpoint, you have to look at the subdivision process.

[40:53] That's where the precedent setting comes in. Existing lot of record is important, but the precedent aspect that this would

[40:59] apply to future subdivisions is also important. Yeah,

[41:04] I don't especially have questions. It's just a feeling of I can't get there on the findings and I'd like to hear what

[41:11] other commissioners have to say, but that's where I am currently. So, that is all I have. Thank you.

[41:17] Great. Thank you. Thank you very much, Commissioner Sha.

[41:23] Thank you chair. Uh I had questions also for the staff. Only one question actually in addition to what you already

[41:28] asked. Um is is this the first time that we have had um a variance request like

[41:36] this for a lot similar to this? Um in Woodbury

[41:41] uh in my time which is 24 years we have

[41:46] had lot size variance requests at least one other time. That lot size variance

[41:53] request however was due to a taking that occurred

[41:59] along a county roadway where the original parcel and I don't remember the

[42:04] exact details but it's generally in this like this the initial parcel would have

[42:11] met the requirement but because of right-of-way takings to build a county road they drop below. When you look at

[42:17] that from the lens of the findings, one of the findings is the applicant didn't cause the need for the variance. The

[42:24] property was existing. The applicant there was a taking of the land and that

[42:31] was able to be met. It is it to my recollection that's the only other lot

[42:38] size variance that have been that has been granted. Variances have been

[42:43] granted for setbacks. Uh that's the most frequent variance.

[42:49] Usually the rationale for a setback variance is that the adjacent property,

[42:55] we've had a few that are in this situation and along Valley Creek Road

[43:01] where there is a significant amount of extra right ofway within an area that's unused. So the setback is not as

[43:07] critical in that location to a major road for instance. So the actually the application that was in front of you

[43:13] previously received a variance for setback as did when the

[43:20] um the bank um along Valley Creek Road was also approved through a variance

[43:26] process but setbacks are more frequent that than lot size.

[43:33] Thank you. No other questions from me. Thank you very much Commissioner Jarrett.

[43:39] Um, I guess I I tend to agree a little bit with uh Commissioner Stephanie. Um,

[43:47] so we do not have city water and sewer out this far, right? That is correct.

[43:52] And we don't have fire hydrants along uh Military Road either.

[43:58] Also correct. Okay. Um, yeah, it's uh I I don't think

[44:03] that there's any I don't I don't see any exceptions. It's just it's too it's too small. It's a wet

[44:11] land. You're encroaching on it. You don't have city water available.

[44:17] These rules are put into place because we don't have the city infrastructure and we don't have the city infrastructure out there. So, I hate to

[44:25] say it. I just don't see any work around this one. I think they're too small and I agree.

[44:30] That's all I got. Thank you, Commissioner Harrington. Thank you, Chair. Um, I want to I want

[44:38] to be responsive to Mr. Johnson's comments that he made just to be sure that I'm clear, we're clear. Um, if you

[44:45] don't mind, I'm going to paraphrase the points that you had made, Mr. Johnson, that you you thought that you weren't in

[44:52] agreement that you didn't this isn't meeting the findings of fact or it is meeting some findings of fact. And you

[44:59] brought up a couple of points. One was keeping in harmony with the neighborhood. Um, and I wonder Dan,

[45:07] there's a lot of good information in your report that that maybe you could share and go into that a little bit more

[45:14] into this notion of of harmony as a word and the neighborhood.

[45:27] One moment here. I'm just Sure.

[45:38] While you're looking, u maybe I'll stall for you just a little bit. So for time, I guess the way I read it in the report,

[45:45] Harmony was maybe more about the size of the lot

[45:51] and the the vegetation, the trees, the wetlands, just sort of the setting of the location

[45:58] of these larger lots. To me, maybe that's what harmony is as a word. Am I

[46:04] Am I getting that right? Because I'm trying to I'm trying to justify subdividing it, as Mr. Johnson may have

[46:11] indicated, will maintain that harmony, but I think in the staff report, you

[46:16] maybe had indicated that subdividing would sort of disturb that harmony, if

[46:21] that's the right word, change the harmony of the neighborhood. Yeah, Commissioner Harrington, I I think as we walk through the findings that are

[46:28] within the staff report, you see some of the as it relates to the Harmony, you

[46:34] look at the intent of the zoning district, the R2 zoning district, which is that semi-ural lifestyle to provide

[46:42] adequate space for private well and septic systems. The city has certainly

[46:48] could approve through a zoning amendment a smaller separation in space for um

[46:55] residential lands within our R2 district that are served by private well and septic systems. the but what is more

[47:03] challenging to overcome is that semi-ural lifestyle. Yes. As you shrink that and as you subdivide that further

[47:11] down into those areas and you reduce the encumbrances such as wetlands, heavily

[47:17] treed parcels and as you incentivize the removal or impacts of those natural

[47:22] areas, you will over time in staff's opinion disrupt the character that is unique to Woodbury and RR2 area. One of

[47:31] the things from a staff standpoint that that we find um very interesting is when

[47:36] new residents come into Woodbury, they travel with the military road or Woodlane corridor and they say, "Wow, I I didn't know Woodbury had those types

[47:43] of lots." Well, Woodbury has those types of lots because of the comprehensive plan and the zoning that identify these

[47:50] deliberately as a different type of product, as a different type. There is an infrastructure component to this, but

[47:56] there's also a very deliberate approach to actually providing a different type of housing product here and a different

[48:03] type of environment here than the rest of our R4 development patterns. And I

[48:08] think that's how I would encourage the commission to look at the character side of this. And as you start to degrade

[48:14] that through decision making such as a a variance, that is the precedent. And

[48:21] then as you look at it when it's if you if you can't get to uniqueness finding then you're really starting down a

[48:26] dangerous path that there are a number of arguments that you can make because there are five six seven 8 acre lots all

[48:33] over in this area. What's leading to not allowing a different answer to that?

[48:39] Great. Thank you. Um so so with that I believe Mr. Johnson had talked about um

[48:46] having an interest in maintaining the vegetation or the tree the tree cover and interest there. And I wonder could

[48:52] we look at the one graphic that I think is closer up that had the aerial photograph. There you go. Um so maybe if

[49:01] you could help me. I'm trying to justify the graphic on the left and the map on the right. And I think it's that blue

[49:08] line that cuts the two bright green properties in half is the north property

[49:14] line of this project. That one, that one there jives with that yellow line at the

[49:19] top of the aerial. So it's zoomed in more. So we're seeing that half of it.

[49:26] So everything on the left half is what would be the subdivided lot that could

[49:33] have a house on it. Based on this, it looks like the entire lot may be treed

[49:39] heavily vegetated. And so right now, that currently adds to the character of

[49:47] of military for me at least when I drive down there. Now, if a person built a home, they would have to of course take

[49:53] some trees out for the septic and for the home. Is there a maximum

[50:01] tree disturbance um when when it comes to residential property for tree removal on a on a lot

[50:08] like this? So, our maximum square footage or total area 50% of it has to

[50:16] remain as is. Yeah, that number is 30%. So, 30% could be removed, 70 has to

[50:23] remain. Did I say that? Did I do that right? Yeah, it's 30% by right. So without any tree replacement. So you can remove up

[50:31] to the 30% of the trees found on site without having to replace. You you can remove more than 30%. But you have to

[50:38] then replace those on site. I see. Okay. Um and then my other Mr.

[50:45] Jesse had talked about 29 lots in the vicinity that are threeacre lots. So you

[50:51] clarified that they are 3acre lots because they were originally platted as 3 acre lots. This conversation, this

[50:58] application is about subdividing to get a 3 acre lot or under in this case.

[51:03] Correct. That is the difference. Okay. Thank you. I I just wanted to get a little more

[51:10] clarity and understanding between Mr. Johnson's um comments and and findings

[51:15] of fact. So that's all I have. Thank you. All right. Thank you, Commissioner

[51:21] Engaling. All the questions I had were answered. So, thank you, Chair. I have no

[51:27] questions. Thank you, Commissioner Cho. Yeah, I just have one question to the

[51:32] applicant, Mr. Johnson. Um, if this plan were a were passed, where are you planning to build the house? Would it be

[51:38] would the driveway connect to Woodlane Drive or would it connect to Military Road?

[51:45] Uh, well, like I said before, I only have one location

[51:50] for that land. You have to come in off of Woodlane because the wetland essentially divides the parcel in half

[51:58] as is as a natural border. So, that's why I say it's unusable because I would

[52:03] have to go out onto military over onto Wood Lane and then go around to get onto

[52:10] this property. I can't do it any other way. So anybody else would not be able to do it any other way. So essentially

[52:17] it'll just stay empty. Thank you, Mr. Johnson. Um I guess again

[52:24] mentioning the lot looks heavily vegetative. So I'm not sure if there is viable room to make a house plus the

[52:31] driveway and all the septic tanks that are needed to build it. So they might destroy some of the vegetation to build

[52:37] that kind of structure, but I'm not quite sure if it's the greatest idea, but we'll see. Thank you. That'll be all

[52:44] chair. All right. Thank you very much. Um I have a just a couple of questions. Um

[52:52] there's the statement in here that the city of Woodbury had conversations with the applicant that the property was

[52:57] encumbered by the wetlands and could not be subdivided. Were those the conversations through this process or

[53:03] were there conversations that were had when this land was being purchased?

[53:09] When the property was for sale, we we received numerous calls from interested parties about the property and we we had

[53:16] the same messaging for everybody that it's encumbered by wetlands. Um so the development potential on it wasn't

[53:23] wasn't available. Okay. I think I do remember. Was there a sign up there that once said potential

[53:28] for subdivision? It did. I thought I remembered saying that. Um

[53:34] All right. Um I think the one other this item or I

[53:40] guess reasons why I was asking that is um correct me if I'm wrong, but I think

[53:46] when I looked up the timing of this purchase, was it December of 23

[53:52] about? So winter time, not a great time of year to be looking at wetland and

[53:57] what your property is going to look like when when we're in our vegetative season. So when it does come to just

[54:04] some of those, you know, is this uh the plight of the land owner, you know, was

[54:09] it very clear to them? Um especially after thought I had seen some signs if there was some, you know, misleading or

[54:16] something with that was what I wanted to try to clarify. Um, some questions specific on this wetland delineation.

[54:24] Um, when was the last time that was completed?

[54:30] I'll defer to the applicant on the timing of the wetland delineation.

[54:37] Uh, that was done I believe I don't have it in front of me, but I if I remember

[54:42] it, it was roughly early spring this year. Okay. And was that something that you

[54:48] had paid for on your own property then? Okay. Mhm. Um

[54:54] when I was also trying to, you know, creatively think to myself,

[54:59] you know, could this hit the finding of facts? I think when it comes to that the first two when it comes to harmony and

[55:05] this I think does get to also commissioner Harrington's point that without that clear definition of what

[55:11] harmony is and the fact that there are some lots you know 29 or 17 of 29 on two

[55:18] roads that one could perceive is harmonious with that. Um, but where, you

[55:25] know, my biggest hangup is is is not the A or B because I think for the same reason you could then, you know, argue

[55:32] that it would be consistent with our comprehensive plan since it does kind of fit in with some of the rural field, but

[55:38] it's this um part C on kind of the why we're at where we're at. Um, you know,

[55:44] is this what was this wetland something that the applicant was aware of? Were they misled? Um,

[55:52] and then when Mr. Johnson also brought up some of the discussions around some

[55:57] of the other lots, I think I've heard this clear. We've asked in the in the sense of um they were already plotted

[56:04] that way. So to just ask it one different time, none of those were subdivided. There had been no variance

[56:11] in the this R2 area. I'll let you guys both comment on that. Uh well, I do know

[56:18] that um two of the properties of the 29 were subdivisions. One that got

[56:25] subdivided into a halfacre lot and then two that got subdivided into equal 1.7

[56:31] acre lots. I I would need to research what those

[56:37] two properties are, but those were not done within my tenure. Okay.

[56:43] um what precedence if if those were you know 30 40 year old variants what

[56:49] precedence does that set on what we're looking at today I think there is a time frame for for

[56:57] precedent I think there is decision making that that would be looked at um

[57:03] what are the variables in our community over the last 10 years

[57:09] obviously aquafer protection has become significant significantly more of an issue than it was 10 years ago. So, or

[57:16] 20 years or 30 years ago. So, I think that decision is would change a precedent type. So, you really look at

[57:22] those themes or public policy issues. Um, we've had an environmental

[57:29] stewardship um process that valued natural vegetation and preserving of that. Those

[57:36] types of events in a community can modify precedent, past precedent, and

[57:43] can set direction for the future. Um,

[57:48] so I'm a strong advocate for good environmental stewardship, of course.

[57:54] However, just out of curiosity and not proposing this, could the applicant fill that

[58:01] wetland and get a take permit or do offsets and then split to 3 acres, 3 acres?

[58:10] I would say it's unlikely that the wetland conservation act would allow for that activity.

[58:16] One of the main requirement would be avoidance.

[58:21] Um and then also the wetland conservation act generally looks to identify what remedies were looked at.

[58:29] I think both of those would be challenging. I think it's also important to note that we have had a number and

[58:35] it's referenced within the staff report a number of property owners that have acquired adjacent properties to be able

[58:41] to become subdividable. M the property to the north is 8 acres in size and and there could be a

[58:47] transaction that could make that in the end the ability to have 3 acres of dry by acquiring additional land in close

[58:55] proximity. So that I think when you look at that from the wetland lens is has all remedies been exhausted.

[59:04] I did look into that myself. Mhm. Any acreage I were to purchase from that

[59:10] homeowner is actually on a pretty steep slope in a ravine. So it would be fairly

[59:18] unusable in a building sense or a usability sense. Um so you know

[59:24] anything that were to be done to achieve three acres would be the same as to be

[59:29] done achieving it in two and a half acres or three acres with wetland. So, I mean,

[59:36] the outcome would be the same. I wouldn't be able to put an access point anywhere different. I wouldn't be able

[59:42] to build a house anywhere different. But I think the inference was that you could reconfigure the wetland. So, now

[59:48] your wetland, you'd have more acreage that's dry to offset the But you can't do that. That's illegal.

[59:54] You have to do a 2:1 replacement. So if I were to fill that in, I'd have to to

[59:59] dig out two to one wetland requirement on my property to make that happen and

[1:00:06] therefore you lose your you know your your acreage there.

[1:00:11] That's it's actually not something you can do. I think the comment from staff was related to acquiring additional upland

[1:00:17] from surrounding properties. Oh, I thought it was filling in the wetland. Surrounding upland. Okay. Hm.

[1:00:27] Okay. Let's see if I had any other questions at all. Um,

[1:00:37] I think that was all I had for questions at this time. Um, open it back up to

[1:00:44] commissioners. Any other any other thoughts, questions, comments that you have and as we're discussing this?

[1:00:50] I do. I do. Um Dan, could you bring back the findings

[1:00:56] of fact sheet? So my takeaway here from

[1:01:02] the report on page 307, we talked a bit about maybe a few of

[1:01:10] findings of fact or sort of uh soft uh variations of this that that the

[1:01:19] applicant has brought up. But I don't think it changes the fact that on the findings of fact

[1:01:27] in order for the city to issue a variance applicant must meet all all of

[1:01:32] the findings. And so even if one or two might be questionable,

[1:01:37] we still don't meet the requirement. That's right. Thank you.

[1:01:47] Yeah. Yeah. And I I think my challenges are just coming in with the practical difficulties portion of the findings of

[1:01:54] fact. That's where where I think the biggest hangup is with

[1:01:59] this one hitting all of them. Uh Eric, we had a project

[1:02:07] maybe what's it's some time ago now along uh County Road 19.

[1:02:12] Uh homeowner property had been there many many years. uh probably been there.

[1:02:19] That house was there far before Woodbury and subdivided that into I think three

[1:02:24] additional lots. That was not our two over there.

[1:02:30] Correct. There are city services in So, so we had they had city water and sewer and then the

[1:02:37] lot size. Did that include the empty vacated lot or that piece of property

[1:02:43] they loaned they owned on the east side of of County Road 19? It did not. The lots themselves met the

[1:02:50] requirements and no wetland on that property. Uh, correct. That's correct. Thank you.

[1:03:00] All right. Any other questions from any commissioners or any uh questions

[1:03:07] received via teams? Not at this time, chair.

[1:03:12] All right. So, with that, um staff would be looking

[1:03:18] for a recommendation for the project. I move to deny case number

[1:03:24] 29-2025-0000580. We have a second.

[1:03:29] Second. All right, we'll vote on that motion. All in favor of the denial, please say

[1:03:34] I. I. I. All opposed, please say nay.

[1:03:40] All right, with that, uh, the planning commission does recommend denial on this project. However, it will still be heard

[1:03:47] as part of the lost my um

[1:03:52] October 8th. Is it the public hearing section again? Okay, sorry about that. Oh, here it is. the public hearing portion of the city council meeting on

[1:04:00] October 8th. All right. Thank you very much. All right. With that, we'll move to um

[1:04:06] item 4 C on our agenda this evening. Uh this is the kickoff for Southwest Bailey

[1:04:11] Property Master Plan and Eric will pass it back over to you.

[1:04:22] Thank you again, Chair Bear with me as I get this opened.

[1:04:34] So, the uh city is beginning a master plan process for the Bailey property.

[1:04:40] The Bailey property is located on the screen. It is on the north side of Bailey Road. This is in the southwest

[1:04:47] portion of our community. You can see where Military Road is in Woodlane Drive. just to orient this is New Life

[1:04:54] Academy uh in this location. So, as a a brief background, in 2024,

[1:05:00] council did authorize a council directive that requires master plans for projects and properties that are over

[1:05:07] 100 acres in size. The Bailey property measures over 180 acres in Woodbury.

[1:05:13] They also have holdings contiguous in the city of Newport and the city of Maplewood and we are working with all of

[1:05:21] those jurisdictions as well as Ramsey County as part of this overall ma and Washington County as part of this master

[1:05:28] plan. The city has done numerous master plans in its history. The first was city

[1:05:33] center and then there was a bit of a break but I think you'll see more master plans in the future based on the council

[1:05:38] directive. Most recently the city has done the urban village master plan. the urban village is where Jerry St. Theres uh

[1:05:46] Ascend uh and a number of other residential projects are located off of

[1:05:52] Radio Drive south of Bailey Road the south of Dale Master Plan which is in the Dale Road corridor

[1:05:59] um surrounding Pioneer Drive and Military

[1:06:04] Road. And then of course the gold line project had a master plan to guide development patterns but also

[1:06:10] infrastructure landscaping placemaking as part of their

[1:06:16] goals. So the purposes of master plan I won't go too deep into those but these are the

[1:06:22] rationale as part of the council directive. There's a lot of good reasons to do master planning in advance of development activities. It's really a

[1:06:28] proactive way to look at these sites to make sure that the community is getting what they envision while balancing the

[1:06:34] needs of the private sector. That's really important. We want to have viable, commercially viable projects. Um

[1:06:40] and so we work really hard as part of the master plan to get input from the private development community, from land

[1:06:45] owners within the areas to make sure that the visions that are proposed within a master plan can be implemented

[1:06:51] in a reasonable time frame but still have that overall vision of quality and serving the needs as well as robust

[1:06:58] review of infrastructure needs proactively. So, as part of this core, the master

[1:07:05] plan, the core deliveries are going to be looking at some landscaping plans. The pedestrian plans, the Carver Lake

[1:07:11] Park is located to the north of this area. And on the next slide, I'll show you some general lands the land use

[1:07:17] plans. So, you can start to kind of see the task at hand. Century Avenue will be extended from Bailey Road to the north

[1:07:25] within this project. So, looking at the roadway designs, it's looking at the buffering and screening. There's some

[1:07:30] existing residential housing within this area. There's multiple different uses that are contemplated including

[1:07:35] highdensity residential, industrial, some retail. How do we buffer? How do we screen? How do we make that all um be in

[1:07:43] harmony from our previous item? Um architectural themes. One of the unique things and one of the most impactful

[1:07:49] things that a master plan can do is establish an architectural theme that builds on sense of place very quickly.

[1:07:55] And then wayfinding as well. Again, trying to identify how all of these connection actions can make one project

[1:08:01] feel a part of a larger project. And the last component will be a review that

[1:08:06] ultimately will be finalized as part of the 2050 comprehensive plan. But as you see on the land use plan, the area on

[1:08:14] the north side is places to work. And the this distance from Bailey Road, this

[1:08:20] is unlikely that it'll be utilized for a places to work land use from a market standpoint. So the master plan will look

[1:08:27] at and make a recommendation to ultimately be reviewed and finalized through the 2050 comprehensive plan, but

[1:08:33] we'll review whether a residential use is the highest and best use for this

[1:08:38] property adjacent to the park. So as you start again as we go kind of merge the

[1:08:44] two slides start looking at this is again our land use plan. So the hashed

[1:08:49] area is a mixeduse component. So that's multifamily as well as retail and then

[1:08:56] places to work surrounding on the north side. You've got existing residential

[1:09:01] that's been there for decades. Um the good news is is there's some tree lines

[1:09:06] within this location that as we look to preserve some of those that will do a lot of the heavy lifting from a

[1:09:11] buffering standpoint. So this is the plan from the Bailey

[1:09:17] family. So this is one where we're starting with a little bit of an idea from a land use standpoint. And one of the first things you'll notice

[1:09:24] is the green area here and that is a proposed expansion of New Life um New

[1:09:32] Life. And so they would buy this for future recreation uses, sports uses

[1:09:40] um to expand their campus. Really what they've identified is that if they don't

[1:09:46] do that and this becomes residential or commercial development then really they're going to be uh challenged on

[1:09:53] site. They have a very large wetland within the center portion. So their

[1:09:58] athletic ability and ability to continue to provide the needs of their school

[1:10:03] community for the next hundred years would be stunted if not for an acquisition. So that changed a little bit of land use. So going to pop back

[1:10:10] and forth a little bit. You could see this was really much squared off in this location during the 2040 comprehensive

[1:10:17] plan process. It wasn't contemplated that a portion of the property would be acquired by New Life. So really the

[1:10:24] concept is to layer that multifamily. Just think of parcel A really kind of

[1:10:29] being dropped down in here and that's really that line. It's really the same amount of multifamily in commercial.

[1:10:36] It's just spread a little differently. So again the task as part of the master plan is to look at these land uses. How

[1:10:42] do you connect from a pedestrian standpoint to the amenities to the north? How do you move through this

[1:10:48] property? What is the design of this roadway network? Landscaping themes and

[1:10:54] features throughout. And then again, they diff the different architectural decisions by

[1:11:00] uh different form of each use. So again, we have commercial uses, we have housing

[1:11:06] uses, we have light industrial uses within D. This overall graphic does show

[1:11:12] some of the holdings within the other communities. For instance, F3 is in Newport as is F2.

[1:11:19] Um F uh one portion is also in Newport. So all of these different uses, how do

[1:11:26] they come together in a way that looks planful is the task at hand. So there's

[1:11:32] a couple of next steps and the goal today is not to dig in too deeply, but again kind of the kickoff, if you will,

[1:11:38] to the master plan process. There'll be a neighborhood meeting um as we come up with some initial drafts. So, we want to

[1:11:44] have some some review from the adjacent property owners on some of the initial that'll inform this project as it moves

[1:11:50] forward. Ultimately, we'll bring that back to planning commission review. They'll have an opportunity for additional comments as part of that

[1:11:57] process and ultimately the master plan will be reviewed and approved by the city council. Hopefully sometime towards

[1:12:03] the end of the year. But any questions from the commission?

[1:12:14] I'll go ahead and make my pitch for color. I know with architectural styles, we

[1:12:20] talk mostly about materials, but can we dare to imagine blue and green?

[1:12:28] We we can you make make me break out a little bit into hives. I'm just kidding. I'm very much just kidding. I I think

[1:12:35] that I think that is part of the placemaking. I think that is part of it is how do you add some vibrancy to the area whether that's on material pallet

[1:12:42] could be or is it on some plantings robust landscaping plantings to provide

[1:12:48] that splash of color signage um n you know the wayfinding signage could bring that colors. I will tell you

[1:12:56] the first thing that pops into my head when we talk about colors on on buildings is I have not seen and I would

[1:13:04] I really do want the commission to be thinking of this and prove me and give me examples of when it has been

[1:13:09] successful but when I have seen the community select a color it has dated

[1:13:15] itself quickly and that's the worry and our goal is always to have timeless design if we can. So when you pick a

[1:13:22] blue or a red or a terracotta 20 years from now, you look at that and

[1:13:27] go, "That's a 20-y old building when everything used to be terracotta." That's our worry when we use color.

[1:13:32] That's one of the reasons why we have been less colorful. We admittedly lose a

[1:13:38] little bit of the vibrancy upfront, but in the long term, we think it's a

[1:13:43] worthwhile. That said, we've tried to use splashes of color, and if Gina were here, she'd be

[1:13:49] talking about the yellow. the yellow. I'll do it for yellow. We have a lot of debate about that.

[1:13:55] And this is on the urban village. We wanted a little splash of color on the urban village. So, there's yellow on the

[1:14:01] Ascend project um as part of that project. It's it has sparked a fair

[1:14:07] amount of dialogue. I don't know if it's in the community or if it's just internal, but it has had dialogue.

[1:14:13] I think it's internal. Never heard anyone in the community dialogue about it.

[1:14:19] But I I I think it's a fair I think it's a fair thing for us to look at. How do you how do you I think color brings

[1:14:24] vibrancy, it brings excitement, it brings and that is something that certainly is going to be want to be a part of this.

[1:14:30] So could I ask a question along those lines? So I know that when we see applications and and folks bring

[1:14:36] buildings in here and they have a certain pallet and and we say could you put in more color or we like what they

[1:14:43] have. Is this process going to be a little more flexible for staff and maybe

[1:14:48] for the commission in that if we see early concepts, we can maybe effectively

[1:14:56] weigh in or ineffectively can either reject our comments or or pick up on

[1:15:03] them. Can can we weigh in more than we normally do on applications? Yeah, I think it's going to be an opportunity to

[1:15:09] weigh in more as part of the master plan and once that material pallet gets established through the master plan,

[1:15:14] there's probably a little less flexibility on the back end than we normally have for commenting.

[1:15:19] Um, but I I do think yes, the idea and what will be brought forward is a is a material pallet.

[1:15:25] The decision has not yet been made on whether that becomes a requirement. We have done that in the past when there's

[1:15:31] actually a required material pallet that or is it complimementaryary and those are some of the decisions as that will

[1:15:38] be vetted as part of the master plan process as well. Uh but I think for sure there will be a deliberate architectural

[1:15:45] approach as we look to balance all of the different uses within this area so

[1:15:51] that it you know this is a fair amount of development that's going to go into this area

[1:15:58] that without some sort of cohesion could look really random.

[1:16:03] So h how would that work? Um you're going to be working with the applicant

[1:16:08] much earlier as you are now than we are. So will you weigh in on that? Will you

[1:16:14] steer them in any way? Will you suggest things or do you wait until they propose some things and you can say I don't like

[1:16:21] that? Yeah. Could you try this? Is is that how does that work? I think the cycle will be that from a

[1:16:27] and this process has begun. Staff will generally identify a material uh

[1:16:33] a vision board if you will, maybe not directly. So we'll identify projects we like from across the country. uh we've

[1:16:40] already begun that process. We'll identify that. We'll take that to the applicants, identify here's the

[1:16:45] direction we're generally going. Does that give you any heartburn? If it does, we may go back to the

[1:16:50] drawing board. We may try to find something that still meets the overall needs. And then ultimately that will then be brought back forward to planning

[1:16:57] commission to look at it at this early level of here's kind of the vision aspects before we narrow it down further

[1:17:03] to more specific architectural requirements. Had you done that on other master plans?

[1:17:08] Yep. Did you did you get what you wanted? We did. Beautiful.

[1:17:14] We did. I think you know um the it was a little lighter version in

[1:17:20] the urban village, but you can see some nods to some of the architectural choices, some of the the different

[1:17:28] pallets working together within especially the multifamily. Um one of the challenges and and we

[1:17:35] still need to be aware of this. St. theres came in as part of that process after the master plan and that had its

[1:17:40] own unique architecture. So, you know, we also want to be aware that we don't want to not allow for really neat and

[1:17:48] unique projects to be constructed either. So, there's a little bit of a balance there that that the

[1:17:53] a master plan can provide. But if you look at the, you know, the the commercial center um at Benberg Gardens,

[1:18:00] the first phase residential, which is the Ascend apartment project, there's definitely architectural continuity

[1:18:07] between those two. And I think as well as the brewery, as well as the other businesses there and and to me, I think

[1:18:13] that adds a lot of value. Is the applicant local? So the applicant there is no uh well

[1:18:20] there are applicants that are emerging. So um there is not one overarching

[1:18:26] developer in this project. So that's one of the other compelling reasons why a master plan becomes very important.

[1:18:33] So that the city can provide that continuity element that historically can be provided by a developer.

[1:18:40] But in this case it's going to be individual land sales likely that occur. So the Bailey family will transact with

[1:18:47] a multifamily. They'll transact with New Life. They'll transact with a retailer.

[1:18:53] Mhm. Um and then a light industrial user. So there'll be those transaction but not an overarching. Okay.

[1:18:58] And they'll be bound by this master plan. Okay. So you you're saying that it's not

[1:19:04] one developer. It's the land is going to be sold to different developers.

[1:19:09] That's right. I I would say more sold to different users.

[1:19:14] Some are developer. It depends on how you in the end it'll be closer to the end user. the transactions then at least

[1:19:20] from my definition of developer is usually those who prepare the land, invest in the land and then go look for

[1:19:26] a a user of that space. I think it'll be closer to the end user being the

[1:19:31] individual who acquires the land. So can you put up that plan that you are showing? Um so this this one this

[1:19:38] particular plan is just a proposal from the Bailey family. That's right. That that's right.

[1:19:43] So they they are just saying this is how it would look like. Um the the one one

[1:19:49] or two complications I see is it's actually multi-ity right it's not just

[1:19:55] Woodbury I mean Newport obviously is there Maplewood uh part of it I think um

[1:20:02] and so so that actually makes it quite complicated right as in would the

[1:20:08] different you know people who are developing different parts of this will have to satisfy the need of the

[1:20:15] different cities and what their requirements are or is you know Newport

[1:20:20] and Maplewood going to let Woodbury lead the the master plan? So the master plan portions will only

[1:20:26] encumber the Woodbury land so it will not input. However, one of the concerns that we all have is that if

[1:20:33] we have a set of standards and then the other the Newport Maplewood is a little bit

[1:20:38] they have this piece here so it is a little bit more standalone a little bit. Um but from a Newport

[1:20:45] standpoint, we have met with their staff on a number of occasions. Um throughout

[1:20:50] this process, um it's been a very collaborative approach to figuring out

[1:20:57] it has been complicated. You are correct. This has been several years getting to this point because of some of

[1:21:04] those complications, but there's a willingness to look at some of the architectural, some of the landscaping,

[1:21:10] and some of the other themings uh across uh all of the municipalities.

[1:21:16] So, we will be meeting as part of this master plan with Newport staff to make sure that they're aware of what these

[1:21:22] requirements are. The goal is when we, you know, hit the fast forward button 10 years from now and all of this is built

[1:21:29] that you won't be able to know the municipal boundary where that is. It

[1:21:35] should have the same quality, fit, and finish whether it's in Woodbury, Newport.

[1:21:41] And I think we all share that vision. And and the extension of Century Avenue you referred to, is that the one curving

[1:21:48] down or straight down? That's this one. Okay. That is a county road based on our

[1:21:54] comprehensive plan. Yeah. So, will that get will that get a

[1:21:59] design? Yeah. Streetscape. Yep.

[1:22:04] Along the former note, um I just have a question on how the public engagement is

[1:22:09] going to look like on the pro on the um matter of the master plan. Like would it

[1:22:15] be separated from city to city like Woodbury, Newport, and Maplewood or

[1:22:20] would it just all be in like one consecutive place? That's a great question. Um, Newport's

[1:22:28] project F2 and F3 are a little bit ahead of the Woodbury projects. So, they've

[1:22:33] already had a neighborhood meeting within

[1:22:38] Newport. Um, but because some of the infrastructure and some of the areas get

[1:22:45] very close to the Woodbury property owners on both the uh to the east of the

[1:22:51] pro of the property and to the south. We uh asked if we could be a part of that

[1:22:58] meeting and be present. And so I was able to attend that meeting and have

[1:23:04] conversations very early with residents from both Woodbury and Newport on some

[1:23:10] of the very early visions from a Woodbury side. So I give Newport a lot of credit that they, you know, were

[1:23:16] willing to have us as part of a ad a part of their official process. Um I had

[1:23:24] not done that before, but I think it was positive. Um we'll certainly are happy

[1:23:30] to have residents from Newport be a part of our master planning process as we

[1:23:35] move forward with with that aspect. just um to touch on a couple of the main

[1:23:40] points and I'm not sure if I have a graphic cuz it's going to do this very well, but one of the things that at

[1:23:46] least the initial plans show there's there's a roadway connection right here

[1:23:52] and then there's another roadway connection I think it's right about here. Um that were previously planned

[1:23:58] for and as part of the initial plans those are no longer necessary and that was a major concern for the residents.

[1:24:05] So they were very receptive to the development patterns. I wonder if you can see it here. Here's one right there

[1:24:11] and one right there. But as we go back to the plan really because of this

[1:24:17] acquisition from a new life standpoint and really the power of century, it's really not critical that that connect

[1:24:23] from a roadway standpoint. We would likely have trail connectivity in that location. But it was really

[1:24:28] wellreceived by those residents.

[1:24:33] All right. Thank you. Will Sentry Avenue ever continue to the south and connect up with the existing Sentry to the

[1:24:42] southwest coordinate? I've learned long ago not to say never

[1:24:47] say never. Yeah. I think there's a lot of things that have to go right for that to happen, but

[1:24:52] never say never. And then did Newport, if anyone's listening from home, that does not mean that I know any

[1:24:58] information that that's coming sooner. I just never say never. Did Newport explore having uh in that like F2 or F3

[1:25:06] area gas station or service? F3 is a gas station. Yep. And it's it's actually public that that is a quick

[1:25:13] trip and the residents have been very favorable of that. Have they already approved that?

[1:25:18] Uh I don't know the status of the approvals in Newport. I think they might

[1:25:24] have concept approval, but I don't know if they've gotten full. We busy. Yeah. Was there ever any consideration

[1:25:32] of like an AUR type process in this area? We've had a lot of discussion of AUR

[1:25:37] versus EAWS. And so what ultimately is going to occur is multiple EAWs versus

[1:25:42] an AUR. And the reason for that is the AUR process needs to be updated by municipalities every 5 years where the

[1:25:48] EAW does not. It's the same level of very similar levels of

[1:25:53] environmental review. But Woodbury will need an an EA. Newport has conduct it will also need an EAW as well.

[1:26:00] And what's going to be the EAW trigger? Uh the total amount of development in

[1:26:06] both situations trigger.

[1:26:11] So maybe you said this Eric and I missed it. Sorry. So everything that we see here in all of the colors represents the

[1:26:19] 180 acres. Nope. Just so the 180 acres are site E,

[1:26:24] A, B1, C, and D is the 180 acres in

[1:26:30] Woodbury. F1, F2, F3, and H are in uh other jurisdictions. And G,

[1:26:36] Newport, Newport or Maplewood. So So you said um anything over 100

[1:26:42] acres um would require the master plan. So 180

[1:26:48] in Woodbury, well over that, but I I see everything colored in as sort of being

[1:26:54] built as part of a much larger master plan. So you said that Newport maybe

[1:26:59] maybe they've seen plans or they're further along with the F2 and the F3.

[1:27:05] So we're not able to guide design of of those because that's in

[1:27:12] another community. Is that That's right. Okay. Yeah. I mean we I mean we we are not able to have you know zoning approvals

[1:27:18] or that we do have the ability to have open dialogue about shared goals and I think I think we'll get there from what

[1:27:23] those goals are. Okay. But we don't have you know approval processes nor would we want the inverse

[1:27:30] um from having Newport have review approvals on our on our projects. But I think it's very

[1:27:37] healthy to have at the end of the day the residents who are utilizing or living in these spaces are not

[1:27:43] um are not going to have strong feelings on whether they're they're on the west side of Century Avenue, meaning they're in Newport or on the east side of

[1:27:49] Century. They're in in Woodbury. They want their overall area to be high quality and that's I

[1:27:55] think everyone's goal. Sure. Sure. And is New Life uh that site is

[1:28:02] New Life Pick that site. Is there like room in this whole thing to suggest

[1:28:08] having New Life's new campus be uh straight to the west on sea along

[1:28:14] Bailey? Yeah, there was a lot of dialogue with the family and and the reason for that

[1:28:20] is the values are significantly different. So the value of sea land versus a land

[1:28:25] value of B of what is now shown as B2 are apples to oranges. So they were able to come to financial agreement by going

[1:28:32] a little stretching it a little bit north versus the value of property along

[1:28:37] Bailey Road. We have such a nice um open, you know, there there's a lot of

[1:28:43] education, lot of open space, lots of park, lots of athletic fields all the

[1:28:49] way along Bailey, including the, you know, Eastridge High School and the

[1:28:54] middle school and the new new life or math and science.

[1:29:00] I do think one of the themes we have heard as growth has continued along the Bailey

[1:29:07] Road corridor and Dale Road corridors is a want for more retail services. And so,

[1:29:13] you know, it's really important to site those in locations that have one

[1:29:18] visibility and two trip generation to support those uses. So really if we want

[1:29:25] a commercially viable retail center, it it does need to be in close proximity to

[1:29:30] Bailey Road. If if for instance we flip that and put it up by B1, it would have a significantly different success

[1:29:38] or market success in my opinion. I think even being on the south side of Bailey Road, you know, even just being

[1:29:44] able to have that morning commute of having some commercial space and the easy right in right out,

[1:29:49] it matters. Yeah, it does matter. And I I see that space as a huge huge need to what you're

[1:29:56] hearing on Bailey Road and the potential and I'm sure there's going to be a lot of

[1:30:04] interest from people looking for commercial space in those especially especially next to a quick trip.

[1:30:09] Can we limit the future commercial retail space C to exclude businesses

[1:30:15] like parking lot car dealerships and Yes. Okay. Yeah, absolutely. I think

[1:30:21] Tesla. Yeah. I I mean, we would I'm seeing Starbucks, Caribou Coffee.

[1:30:28] We would really look at this at at core retail, community retail type uses,

[1:30:33] you know, some level. We'll see if there's a fast casual opportunity, fast

[1:30:39] food opportunity with the sports center there. That's something that we do hear criticism from those guests that are at the sports center is that there isn't

[1:30:46] that quick service opportunity at um at Belindberg Gardens. So that might be

[1:30:53] an opportunity there. We'll see if in time. Um one of the thing that's changed just I find this interesting from the

[1:31:00] time we did the master plan at Beenmber Gardens and and Urban Village. reason there wasn't is not a um fast food

[1:31:10] location there was at that time this was pre- pandemic um the lunch crowd in

[1:31:16] Woodbury was was pretty quiet the the really the 11:00 hour was especially in

[1:31:23] southern Woodbury was pretty quiet um also Eastridge is not an open campus

[1:31:29] so that's another um item that was challenging fast forward for six, seven, eight

[1:31:35] years. I think what we've seen and we've seen, you know, restaurant expansion due to it

[1:31:41] is it's a much different lunch crowd because of work from home, flexibility,

[1:31:47] other things that came from the pandemic. We'll see if that is a a trend or if that's real. But I I do think it's

[1:31:54] significantly different. I think it's changed a lot. I I even 15

[1:32:00] 10 15 years ago, I'd have service people come to my home and they'd be like, "Where's the closest gas station?" Or,

[1:32:07] "I want to get a sandwich." And it's like Alma School. I go over to Holiday on,

[1:32:15] you know, County Road 19. Um, so yes, it has changed with the all of that

[1:32:22] building to the south of Bailey with um St. trees and

[1:32:27] Jerry's and the shopping and made it much more vibrant.

[1:32:33] Still no gas station there. Uh Super America or Speedway is in in in that campus. Yes.

[1:32:40] Yeah. Yeah. I so the you know from a Woodbury city

[1:32:48] perspective right uh and there's lot of space that is Woodbury that is called out as future business park um does 2050

[1:32:58] plan actually have specific um kind of goals or objectives or you

[1:33:04] know as in what kind of businesses um because that would depend on what actually becomes the

[1:33:12] scope of that area, right? Yeah. As part of the all comp plans, so the next one being the 2050 plan, we

[1:33:19] will look at all of the vacant commercial space within the community and identify what the highest and best uses

[1:33:25] of those properties will be. So the way that land use works within the comprehensive plan is those are the

[1:33:31] broadest CA categories. So the future business park here in purple would be shown as places to work. But then as

[1:33:38] part of the implementation coming out of the 2050 plan, you do a zoning analysis and that's similar to

[1:33:46] what um um Commissioner Jarrett was asking about. Can we narrow what type of uses

[1:33:53] are allowed on that piece? That's done through the zoning more than through the land use. The land use is the broad

[1:33:58] category. The zoning is the more deliberate narrow of what type of businesses. You can guide a little bit

[1:34:04] through the creation within the the comp plan. You can indicate some of those

[1:34:09] vision aspects by some of the goals and policies that get put into um the plan.

[1:34:15] And I think we will certainly do this I think as part of the evaluation of E is is that really a viable commercial space

[1:34:22] in the long term or should that be a housing um a housing use?

[1:34:28] I mean reason I'm asking is for example if you look at um you know Hudson road

[1:34:33] right and that whole area starting from Kandeva you know all the way to

[1:34:39] essentially Manning it primarily looks like it's a place to work but it's like

[1:34:44] more like you know warehousing and you know mixed use kind of facilities right

[1:34:50] um and I'm just curious as in Woodbury thinking about like businesses that

[1:34:56] actually make things you know, as compared to businesses that transport things. I mean, what what what is the

[1:35:03] future vision? Yeah, I think that the what I'm going to bring up here is a a great example of

[1:35:10] what the 2050 plan will have the opportunity to give. And so, there was very deliberate discussion as part of

[1:35:17] the 2040 comprehensive plan about what the northeast area will be. And I I'm

[1:35:22] going to bring up a a bullet area here. Um, and hopefully you can, this is more

[1:35:29] than I remember it being, but really you can see that, you know, the goal of that area, if you read this, maybe I can zoom

[1:35:37] in or not, but hopefully you can read that on your screen, but it did identify

[1:35:42] the warehouse distribution, light industrial. So, the goal of what you're

[1:35:47] seeing today, that was the goal of the 2040 plan. And my point of showing this

[1:35:53] is I would envision a very similar dialogue and opportunity to shape the vision as part of the 2050 plan.

[1:36:00] So, so that that's great. I mean, so it is what you're saying is that it was defined to be what it is now being

[1:36:06] realized and I'm just asking a different kind of question which is um what are

[1:36:12] what are we as Woodbury envisioning that we want to have as businesses in

[1:36:18] Woodbury in future? That's the question for 2050. Agreed. Okay. Yeah, that's exactly what

[1:36:23] it's not answered yet what you're saying. Okay. That would be answered as part of the 2050 comp plan process that kicks off

[1:36:29] actually this week. Uh we received what's called system statements from the metropolitan council this week.

[1:36:36] And that is the really the beginning tangible beginning part of the 2050

[1:36:41] comprehensive plan process. So over the next several years, we'll be digging into those exact questions of and the

[1:36:47] planning commission will assist the the task force. It'll be a task force that's that will be appointed by the council

[1:36:54] that will help guide some of these that ultimately then will be reviewed by the planning commission. But really, it will

[1:37:00] look at the vacant pieces of property within the city and being very tangible, similar to what was done here on what is

[1:37:07] the vision for those last pieces. What type of businesses are we moving away? Maybe we're now at the point where we

[1:37:12] checked that box about the diversification of light industrial warehouse in the northeast area. Now the

[1:37:18] remaining parcel should be focused on something different. Correct. Okay. Thank you.

[1:37:25] Pickle ball parks. Yellow pickle ball parks.

[1:37:31] Curling clubs. More to come on this without a question.

[1:37:37] More to come. All right. Thank you. Exciting stuff. Yeah, very exciting.

[1:37:43] All right. Um, so thank you very much for that uh kickoff of that master plan,

[1:37:49] Eric. Um, the next item on our agenda, we had council report from council member Jennifer Santini. She's

[1:37:56] She's online. She's online. Wonderful. I was going to ask if she joined us there. So, we have

[1:38:02] councilini. We can hear you. Perfect. Perfect. Well, I'm actually going to move my report around because

[1:38:08] you just everybody segueed so well, which is um just a reminder that we are

[1:38:14] having the uh deadline for our commissioner our advisory commission applications is on October 5th. Um and

[1:38:21] to highlight that there this year there will be these two additional um advisory groups. So one is that we will be going

[1:38:28] through the process about selecting who will be on the 2050 comprehensive plan task force. Um and I do think it is a

[1:38:36] really unique um process to be part of. Um I also know that it is also helpful

[1:38:41] to have some background um general knowledge about the city as well. So it doesn't mean that somebody couldn't

[1:38:47] serve on it if they they're sort of new, but it does uh add well to the to the

[1:38:53] process. Um and I say that as somebody who served on the 2040 comprehensive plan task force. So, um I do think it is

[1:39:00] um a very worthwhile experience and um a really um insightful to to the city

[1:39:05] planning. Um as well as we're doing the parks and facilities long range planning

[1:39:10] focus group. Um and so we're actually going to be discussing this a little bit more in detail on Wednesday during our

[1:39:17] workshop. But again, this is going to be a group this I would say the time

[1:39:22] commitment is a little bit more limited. I believe the thought process being about a year versus the comp plan uh

[1:39:29] task force will be it's usually about a three-year um commitment. Um Eric can

[1:39:34] correct me if I'm wrong. Um but the long-term uh range planning is to really

[1:39:40] dive in to say what are what are the gaps in our parks um and facility uh

[1:39:45] system? What do we need? Again, we obviously had over the years um just established the parks and trails

[1:39:52] replacement fund. Um, so just really analyzing a lot of that from that long range planning. So did really want to

[1:39:58] put that on people's radars. Just because you're on the planning commission and maybe your term is not up doesn't mean that if you have an

[1:40:04] interest in these, you can't apply for those either. So um, but as well as if you have some friends or neighbors that

[1:40:10] you believe uh would also be uh worthy applicants. Um, and then just uh regroup

[1:40:17] uh the fact that we did just have our budget meeting on the 10th. So we did go through that process. Uh on Wednesday,

[1:40:23] we will be setting the preliminary levy um which is basically to say we cannot

[1:40:29] exceed that amount um when we do our full adoption of the budget in December. Um so it sets you know that ceiling. Um

[1:40:37] but we are trying to still fine-tune a few items here and there and hopefully as best as we can try to to rein some of

[1:40:44] it in a little bit. But um one of the big items that were part of the budget which uh will go to show also then

[1:40:51] what's happening on Wednesday um is that last budget year budget cycle we had

[1:40:56] sort of uh put out the task to to staff to really focus on full staffing with

[1:41:02] regards to and our public safety department um and they really sort of call uh you know answered the call for

[1:41:09] that. And so there is a huge um increase with regards to the fact that we are um

[1:41:15] going to be budgeting um for uh uh fully six new officers and actually we're

[1:41:20] swearing in seven new officers um this Wednesday. Uh so we are really uh have

[1:41:26] been focusing our efforts to make sure that we are being fully staffed and that it's not just on that um officer side

[1:41:33] but really also fire and EMS as well and making sure that with the population we are having enough staff

[1:41:40] enough crews to be able to respond to the calls that we need. So uh and then lastly sort of more of the fun stuff is

[1:41:47] that we are going to get to do a tour of Central Park on Wednesday uh for our workshop. So, uh, which are always fun

[1:41:54] field trips. Um, and I personally have yet to see a sneak peek. So, this is going to be really fun fun for me to

[1:42:00] see. So, it'll be fun to see that it is, uh, really come to fruition.

[1:42:05] But that is my report. All right. Thank you very much, Council Member Santini.

[1:42:11] Yes. All right. Next on our agenda, we have approval of the minutes from the August

[1:42:16] 18th, 2025 Planning Commission meeting. Are there any comments or edits at this

[1:42:21] time? I found two. Um, on page three, five

[1:42:27] paragraphs up from the bottom, Commissioner Kennedy's last name was just misspelled. It was just typo.

[1:42:33] And then I just had a question on formatting. On pages

[1:42:41] pages 10 and 11, uh, when commissioners are first introduced, it'll say Chair Olsson, and

[1:42:48] then it might say Miss Olsen, Commissioner Colum, Mr. column, but then at the very bottom here, uh, Tom and and

[1:42:56] my first names came in, and it just surprised me to see my first name. So, I just wanted to make sure it was a

[1:43:02] formatting issue or consistency. I think we probably want to have

[1:43:07] consistency on that. So, we'll update that back into the same cadence. Okay, that was it.

[1:43:13] So, you want to be on? Yeah, we'll switch. Yeah, it'll be fun.

[1:43:20] All right. Any other comments or edits? All right, with that, we'll entertain a motion for approval.

[1:43:26] I move to approve with the suggested edits. All right, second. I'll second that.

[1:43:31] All right, thank you. So, we'll vote on this motion. All in favor, please say I. I. I.

[1:43:36] All oppose, please say nay. All right, with that, the minutes are approved with the edits as noted by

[1:43:43] Commissioner Swanson. All right, with that, the meeting is adjourned.

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