Rural Commercial Subdivision Survey Background

The Development Rights Map was digitized in 2003 and is updated regularly. The most recent update to the map was completed on May 8, 2024.

An alternative to development rights that retains a similar level of density would be a large minimum lot size (i.e., 10 acres).

The Development Rights Program is still in effect today. However, higher density is now expected within the City's Metropolitan Urban Service Area (MUSA).

When a property enters into the current stage of phasing for municipal sewer and water (indicated as 2020-2025 on the 2040 Staging Plan), development rights are no longer applied. Instead, development density is controlled by the minimum lot size of the zoning district and calculated using the density formula provided by the Metropolitan Council.

Development rights control density for subdivisions outside of the MUSA as well as within the MUSA for properties not within the current stage of phasing for municipal services.

Properties within the MUSA that are not in the current staging of phasing are zoned Urban Reserve (dark green on the Zoning Map). The City Code does allow for limited use of development rights within the Urban Reserve.

Property subdivisions within the Rural Residential (white on the Zoning Map) are controlled by development rights. This district has a minimum lot size of 2 acres, but the development rights require 2-acre lots to be offset by larger lots. A 100-acre subdivision cannot be entirely made up of 2-acre lots.

Up to this point, development rights have been applied to residential and commercial properties.

There are available subdivision rights currently shown on a few properties guided/zoned for Rural Commercial (CR). This district has a 2.5-acre minimum lot size, but smaller lot sizes would be expected to be balanced within the limits of the available development rights.

Recent examples of development rights used in non-residential development include the Doboszenski subdivision in 2004, and the City purchased a development right from the Roehlke property when the site for the City's Public Works Facility was subdivided from their property.

For some more context on the CR area, including existing businesses and lot sizes, explore the 7 icons in the map to the right.

The CR district is the existing Burschville area located at County Road 19 and County Road 10. The intent of this district to provide a mix of neighborhood commercial uses and rural industrial, such as contractor's yards and similar uses, that do not require municipal sewer and water.

This area has a number of contractor's operations and/or uses that heavily rely on exterior storage. Staff has found long-term management of these type of uses is most successful with large sites that exceed 10 acres.

The City is currently reviewing how best to proceed with subdivisions, specifically in the CR district.

There are currently several options up for discussion, and the City Council would like resident feedback to inform what is most appropriate to balance needs for commercial businesses with rural character in this area.

The different options are illustrated on the following slides based on a theoretical parcel of 110 acres as shown to the right. Additional assumptions to keep in mind as you consider the different options include:

1. Each lot would have its own parking lot. Parking needs can fluctuate over time.
2. Each lot would have at least one building.
3. Each lot would be subject to a 50% impervious surface limit.
4. Each lot must have two viable septic sites.
5. Many CR businesses rely on exterior storage.
6. Typically, more lots within an area will create more illumination from parking lot lighting, streetlights at intersections, and lights on the exterior of buildings.
7. More lots within an area can result in increased traffic.
8. Stormwater management can be more difficult on smaller sites.
9. More commercial lots may increase the tax base for the City to help reduce the tax burden on residential properties.
10. Newer and/or small businesses may prefer smaller lots to keep their facility costs low.



Option 1: Status Quo

Option 1 would continue the use of development rights for CR subdivisions for consistent treatment across all rural districts that are not served by municipal sewer and water.

The illustration to the right provides one example of how development rights could be used on a 110-acre parcel that has 11 development rights. This example assumes that the lot sizes/development rights are distributed fairly evenly throughout the original parcel. This results in 11 lots, and each lot is less than 10 acres but more than 9 acres.

Option 1: Status Quo - Example 2

The illustration to the right provides another example of how 11 development rights could be used on the site while providing a variety of lot sizes, including two parcels at the current minimum lot size in the CR of 2.5 acres. These smaller lots may be more desirable for newer or smaller businesses, or some neighborhood services permitted in the district (e.g., a small retail store).

The smaller lots are balanced with larger lots, and the site is kept to a maximum of 11 lots overall.

Option 2: Commercial Density - 1 per 10 Acres

Another option is to move away from development rights once a property is zoned CR and instead apply a commercial density limit.

A CR density limit of 1 lot per 10 acres would look nearly identical to the Status Quo examples on properties that did not previously utilize any development rights. For example, a 110-acre parcel would be subdivided into no more than 11 lots. Developers could choose to have the lot sizes evenly distributed between lots or have some smaller lots balanced with larger lots.

However, under this option, properties that previously used some or all development rights would be able to further develop based on the density limit when zoned to CR.

For example, an 80-acre parcel with 4 development rights remaining after a previous subdivision could be subdivided into 8 lots if rezoned to Rural Commercial under this option as the development rights would no longer apply.

Option 3: Commercial Density - 1 per 5 Acres

Similar to Option 2, Option 3 would set a commercial density that does not consider previous use of development rights once a parcel is zoned CR. Instead, a developer would be capped at a density of 1 lot per 5 acres within their overall plat.

For example, a 110-acre lot could be subdivided into as many as 22 lots. The lot sizes could be evenly distributed (approximately) as shown in the image to the right. However, some lots could be as small as 2.5 acres. This will be shown on the next slide.

This option would allow for roughly twice the number of lots within the CR as compared to the Development Rights Program.

Option 3: Commercial Density - 1 per 5 Acres (continued)

The image to the right shows another example of how a 110-acre property could be subdivided under Option 3. This example shows a variety of lot sizes ranging from 2.5 to 10.4-acre lots. The density limit of 1 lot per 5 acres would allow up to 22 lots, but this example shows 20 lots.

As stated previously, this option would double the amount of allowed lots as compared to the Development Rights Program. Additionally, previous use of development rights would not be considered.

Option 4: 10 Acre Minimum Lot Size

Option 4 moves away from development rights and instead relies solely on a minimum lot size. A minimum lot size of 10 acres would accomplish a similar density as the Development Rights Program but allows no flexibility for smaller lots. Additionally, a 110-acre parcel would likely be limited to a subdivision of no more than 10 lots once right-of-way is removed (as compared to 11 lots under Option 1 and Option 2).

Option 5: 5 Acre Minimum Lot Size

Under Option 5, a CR parcel could be subdivided into lots as small as 5 acres. Development rights or a commercial density limit would not be applied. On a 110-acre parcel, this would result in 20 lots. This is roughly twice the density as compared to what the Development Rights Program allows.

Option 6: Minimum Lot Size of 2.5 Acres

Finally, Option 6 would allow properties to be subdivided into lots as small as 2.5 acres. Under the most intense development conditions, this would allow more than 3x the number of lots as compared to what would be allowed under the Development Rights Program. For example, a 110-acre property, could be subdivided into 36 lots as shown in the image to the right.