The city has determined that future growth within the general area of the Opus II business park must be responsibly managed to maintain acceptable levels of traffic operation on regional and local road systems. The city has also determined that the highway interchange at Bren Road and Highway 169 is nearly at full capacity and that the interchange is the primary limiting factor for growth in the majority of the Opus II business park area. Limitations must be placed on this area in addition to the underlying zoning requirements in order to prevent unacceptable levels of traffic at the Bren Road interchange. Therefore, the Opus overlay district is established, and properties in that district are subject to the provisions in this section.

The Opus overlay district covers the area bounded by County Road No. 62 on the south, Highway 169 on the east, Smetana Road on the north, and Shady Oak Road/County Road No. 61 on the west. The Opus overlay district is further divided into four traffic analysis districts that reflect the different levels of expected distribution of traffic to the Bren Road interchange. The boundaries of each traffic analysis district are shown in subdivision 4.

In order to avoid overloading the Bren Road interchange, all non-residential parcels within the Opus overlay district are subject to the following traffic requirements. If an application is submitted to increase the density of a residential parcel, that application will be subject to the following requirements except for the trip generation limit. If an application is submitted to change the use of a residential parcel, that parcel will be subject to all of the following requirements, and the city will establish an appropriate trip generation limit for that parcel.

a)   Traffic impact studies: a traffic impact study prepared by a registered traffic engineer to assess potential traffic impacts on local and regional road systems is required for any of the following:

   1)   any development that exceeds 25,000 square feet of gross floor area;

   2)   expansion of existing development that exceeds 10 percent of gross floor area and the total gross floor area is 25,000 square feet or greater; or

   3)   any development for which the p.m. peak hour trip generation rate, as defined by the institute of traffic engineers, is expected to exceed two p.m. peak hour trips per 1,000 square feet of gross floor area.

b)   Trip generation:

   1)   Development limitations based on p.m. peak hour trip generation are established in subdivision 4 for each parcel of non-residential land in the Opus area district that contributes traffic to the Bren Road interchange. These development limitations have been developed by determining the maximum number of p.m. peak hour trips that can be accommodated at the interchange. That number of trips was then allocated proportionately on the basis of the maximum development that would be allowed under current zoning standards and the rate of trip distribution to the interchange for each traffic analysis district. The properties in traffic analysis district no. 4 were determined to have no trips to the interchange, so no trip generation limits are imposed for that district.

   2)   The trip generation numbers specified in subdivision 4 are the maximum numbers of p.m. peak hour trips that may be generated by non-residential properties to the Bren Road and TH169 interchange in traffic analysis districts no. 1, 2, and 3. To determine the maximum square footage of building space that is allowed for each parcel, the trip limitation number is divided by the p.m. peak hour rate for that use. The applicable rates are those specified in the Opus II area trip generation analysis, dated August 1, 2009, on file in the community development department. Substantial compliance with the trip generation number and resultant maximum square footage of buildable space is required. In determining trip generation and allowable building square footage, gross floor area of a building must be used, except that gross leasable area may be used when there is a substantial amount of common area within a building and when institute of traffic engineers data is based on gross leasable area.

   3)   Uses existing on December 7, 2009 that generate greater p.m. peak hour trips or that have a greater building area than would be allowed by the trip generation number may continue to exist as non-conforming developments. These uses are subject to the restrictions contained in section 300.29; however, each of these uses is allowed to expand by no more than 10 percent of existing building area if measures are taken to keep the traffic generation at the rate existing on December 7, 2009. An expansion beyond that amount or a change of use is permitted only if there is substantial compliance with the trip generation limit.

   4)   Unused trips allocated by this ordinance to a parcel under subdivision 4 are not a property right that may be transferred at will to another property. Allocated trips may be transferred to another property in the overlay district only with the approval of the city council, which may deny the transfer if it is likely to have a negative impact on the public health, safety, or welfare.

c)   Appeal of p.m. peak hour trips:

   1)   The owner of any property subject to a trip generation limit may appeal that limit to the planning commission and city council. No appeal may be taken unless the affected property owner files a written appeal with the city clerk within 90 days after the adoption of this section. The failure to file a timely appeal eliminates all right to challenge a trip generation limit. The appeal must be accompanied by a report prepared by a registered traffic engineer. The report must provide evidence indicating potential errors in a p.m. peak trip or rate, reasons why the property or development is presently generating, or will in the future generate, less p.m. peak hour trips, or both.

   2)   The appeal will be reviewed by the planning commission. Notices of a public meeting before the planning commission regarding the appeal will be mailed to owners of property located wholly or partially within 400 feet of the subject property, as reflected in the certified records of the Hennepin county auditor.

    3)   After receipt of the recommendation of the planning commission, the city council will consider the matter and may hold whatever hearing it deems advisable. The city council must serve a copy of its decision upon the applicant by mail. The city council may approve an appeal only upon an affirmative vote of at least two-thirds of its full membership.

d)   Road system improvements:

   1)   Development that would exceed the established trip generation limitations may only be constructed if concurrent road system improvements to accommodate the additional trip generation are paid for by the property owner. The road system improvements must achieve a level of service operation at the Bren Road interchange consistent with the level of service that would have existed without the excess trip generation. The adequacy and necessity of the road system improvements will be reviewed and approved by the city council as part of the development approvals.

   2)   If the city constructs, or participates in financing, road system improvements that create additional capacity at the Bren Road interchange after December 7, 2009, development beyond the allocated trip generation number is allowed only if the developer helps to reimburse the city for its costs by purchasing additional trips from the city. The city will determine the value of each additional trip by dividing the city's share of the total construction cost by the number of p.m. peak hour trips that can be added to the interchange because of the construction. That value will be adjusted each year by the rate established in the engineering news record or a similar standard for determining the inflationary or deflationary rate of construction costs per year.

   3)   Purchase of the additional trips from the increased capacity of the Bren Road interchange will be on a first-come, first-served basis. When all of the additional trips have been purchased, no more fees for additional trips will be charged and no development beyond that allowed by the allocated and purchased trips may occur. Purchase of the additional trips may occur only after a development has received all necessary land use approvals from the city. The trips will not be reserved for the development until the payment is made. If all available trips have been purchased before the owner of an approved development seeks to pay for its needed trips, the development may not proceed.

   4)   All purchased trips may be used only for the specific associated development approved by the city. Notwithstanding the foregoing, the owner of purchased trips may transfer those trips to another development if the city council has given all necessary land use approvals for that other development and has approved the transfer of those trips, after considering the impact on the public health, safety, and welfare.

   5)   Nothing in this chapter may be construed to eliminate developer responsibility for other improvements unrelated to the Bren Road interchange. If a traffic impact study finds that road system improvements unrelated to the Bren Road interchange are required as a result of the proposed development, no construction of the development may commence until arrangements, including financing, for completion of permanent improvements are made and approved by the city. If qualifying warrants are not met for such improvements, the city may require that the property owner install interim improvements.

e)   Phased occupancy: the city may require phased construction or occupancy of a building or portions of a development/redevelopment project. Such phasing may be tied to completion of a road system improvement found to be needed by the traffic impact study.

(Amended by Ord. No. 2012-07, adopted June 25, 2012; Amended by Ord. No. 2019-08, adopted March 18, 2019)

Traffic Analysis District No. 1 (Figure 34-1)

   59         0

Traffic Analysis District No. 2 (Figure 34-2)

   20         27

Traffic Analysis District No. 2 (Figure 34-3)

Parcel Number   Max. P.M. Peak Hour Trips

   27         5

Traffic Analysis District No. 4 (Figure 34-4)

   17         N/A

(Section added by Ord. No. 2009-17, adopted December 7, 2009)