Email response From Kevin Shay (IGH Planning Manager) (06.17.26)

Question: Kirt has told us he’s provided justification to the City for reconsidering the designation, but that the City has indicated it would not, under any circumstance, support rezoning away from High Density Residential. He’s also mentioned that the formal “application” involves a fee, which has factored into his decision not to move forward with it yet. Can you confirm whether that’s accurate, both on the fee involved for the land owner to request rezoning and on what step within the process this is getting hung up on - is it the city staff, planning commission, or city council who is so strongly opposing this? 

Answer: Although we have visited with Mr. Rechtzigel, he has not submitted a formal application with his detailed analysis and justification for ‘why’ the City should consider the change he wants. We have met with him and understand his general thoughts on the matter – but he needs to formally apply and go through the process. He has not done this. Until he does that it is difficult for staff (or Council) to really comment on his request. All Land Use and Zoning Application requests – from fence variances to large developments – all have application requirements and associated fees and minimum escrows. As staff, when we meet with property owners and developers we not only provide an overview of process, timelines and costs for their applications, but also how we perceive their request, including whether we would (or could) support their request. In this case there are a number of reasons why staff is not supportive of the change. This is not to discourage anyone from proceeding with their request or their ability to move forward with an application. It is not uncommon that staff may “advise” we cannot support a request based on x,y,z reasons and an applicant still moves forward with their request. It is important for us to be upfront as to how we view any request, as well as share what issues and questions an applicant may encounter from Commission and Council as they proceed through each step of the process. It is our goal to as transparent as possible to best equip any applicant so that they can best prepare their application and materials and present their request to the Commission and Council. We offer the same insights to projects that staff might “support.”

Question: Is there anything we as neighbors can do to advocate for a different designation here? Would attending City Council meetings have any influence if Kirt hasn’t formally applied yet? Does writing to the Met Council matter at this stage, or is that premature without an application in motion? We’d like to organize if there’s a real path forward, but want to make sure we’re not chasing something unrealistic or duplicating something already decided.

Answer: You certainly are able to reach out to your elected officials – whether via email, phone or in-person at a meeting – on matters important to you. As noted, Mr. Rechtzigel has not submitted any formal application and so there is little they are able to respond to. Also, the Council is unable to agree to or decide on something that lacks an application for them to consider. If he applies and goes through the process, you would have every ability to attend the Commission and Council meetings and advocate for the change he is seeking. The Met Council only reacts to requests presented to them as acted on by cities, so contacting them would have no effect.

Email response From Kevin Shay (IGH Planning Manager) (06.08.2026)

Development. There is no pending development project for this property in any format – concept, proposed or application. There is a new landowner. Other than a few meetings with staff, that person has not come forward with any specific development plan, only conversations as to the potential of development. That individual has expressed interest in a development other than an apartment building.

Land Use. The property – 1401 80th Street – was “guided” as High Density Residential (HDR) in 2018 when the City’s 2040 Comprehensive Plan (2040 Plan) was adopted and implemented. Guiding means how the City intends for a property to be developed and used. The Scenic Hills development, including the Suite Living assisted living facility, is guided Low-Medium Density Residential (LMDR), which has also existed since 2018. In other words, the Scenic Hills development was planned and homes were constructed adjacent to land where an apartment building is allowed to be built by current policy.

Zoning. Currently, all vacant and/or land guided for future development in the City’s “Northwest Area” is zoned A, Agriculture. This is considered a “holding zoning classification” for future development. The technical corresponding zoning for the property, and its HDR guiding, is R-3C, which allows for apartments.

Roads & Utilities. The property is connected to and serviced directly from public roads Austin Way and Ava Trail. Adler Trail, Austin Path and Academy Lane are private roads. Utilities were installed to the property with the intention for a future apartment development. As we do today, the design of the roads back then would have assumed future development on undeveloped adjacent property and according to its planned land use. In this instance, that assumption would have been for an apartment and other future development to the north and west from Scenic Hills. A secondary connection to the apartment site is possible once 80th Street gets realigned.

So, what does this mean?

The current owner has the right to request an amendment to the 2040 Comprehensive Plan, seeking a re-guiding of the property from its current HDR designation to something different. There is an application and public review process, including a review and analysis of the proposal and recommendation by City staff, a public hearing by the Planning Commission, a recommendation from the Commission to the City Council, and City Council action. The proposed amendment then goes to the Metropolitan Council which has final authority, meaning the Met Council can approve or deny the amendment. The landowner would be required to apply for that change and provide justification for the City to consider that. This has been explained to that individual; nothing further has happened since.

Answers Emailed to Karen Sham via email From Kevin Shay (IGH Planning Manager)

  • There are only two ways the land use guidance can change:

    (1) The property owner requests a change.

    (2) The City Council requests a change be made

    The second option would be the only route if the property owner is not involved. Scenic Hills residents are welcome to make this request to the City Council and they can be reached by email, phone or speaking during the public comment portion of the City Council meetings.

  • High Density Residential has a range of 12 to 35 units per acre.

  • The distinction here is between zoning and land use guidance. Zoning reflects how a property is currently being used — in this case, as a single family home. Many properties remain zoned Agricultural until they develop as something new.

    Land use guidance shows how a property will develop. The land use for this parcel is High Density Residential (HDR). When development occurs, a rezoning happens to align the zoning with the land use guidance.

  • The city's long-term plan includes realigning 80th Street to connect to the roundabout at Robert Trail/Highway 3, which would provide a direct public road connection to the HDR site.

    The city is currently conducting a study for the alternate alignment of 80th Street. The study will determine the road's location and preliminary cost estimates. Construction would occur when the properties it runs through are developed — there is no fixed timeline, as it depends on when the land sells and development begins. The Planning Manager estimates it could be anywhere from 1 to 5 years or longer.

  • There are a couple different methods and they depend on the timing of when a project is proposed and what is proposed for a future project (ex. One large apartment, multiple smaller apartments, etc.). One option is that the connection from Academy Lane is an emergency access only, meaning it would be restricted to emergency vehicles to be used only when necessary. Without at least a concept plan showing some details for the property it’s hard to say what method would be most appropriate.

  • The Planning Manager stated that any new development of the site would use Austin Way and Ava Trail as the access points, since those are the public streets. No traffic would be directed onto Adler Trail or Austin Path.

    He also clarified that as of now, the city has not received a development application for this site.