Albany County planning commission tables Mitchell zoning change after neighbors, commissioners raise notice, density and road concerns

The Albany County Planning and Zoning Commission on April 2025 voted to table a proposed zoning‑district amendment by applicant Jason Mitchell (ZDA‑0125) that would have changed a property at 38 West Street from Ranchette to Small‑Lot Residential. The commission asked county staff to work with the applicant on road/right‑of‑way and notice issues before the item returns.

The commission’s staff report said the application was complete and that planning staff believed the proposed zoning change ‘‘generally follows the suggestions of the Albany County comprehensive plan’’ and is compatible with surrounding residential land uses. The parcel’s legal description and application in the file identify the applicant as Jason Mitchell and the owner entity as JM Construction and Real Estate LLC.

At the public hearing neighbors and local professionals raised property‑specific concerns. Several nearby residents said they bought lots in the subdivision expecting lower density and said approval could set a precedent encouraging similar re‑zoning across the subdivision. Jerry Yend of West Street told the commission he purchased his lot for low‑density living and urged denial. Civil engineer Mark Rehwald, who described himself as the project civil engineer (not the project surveyor), explained how a historical plat and the right‑of‑way dedication reduced the parcel’s acreage on survey from an assessor listing near 10 acres to about 9.3 acres on the submitted survey.

Applicant Jason Mitchell told the commission he had invested in surveying, percolation tests and consultants based on assessor records and understood the parcel to be larger; he said his original intent was a two‑lot split rather than a higher‑density small‑lot subdivision. Commissioners and attendees pressed him on whether he plans two residences or a four‑lot split if the zoning change were approved; Mitchell said his present intention was to split into two lots and he had no buyer lined up.

Commission discussion focused on three issues: (1) whether the proposed zoning aligns with the Albany County Comprehensive Plan’s priority growth area designation and nearby zoning; (2) precedent and public‑interest concerns if a small‑lot designation appears in an otherwise larger‑lot neighborhood; and (3) notice and how road right‑of‑way was treated in certified property lists for mailed notices. Several commissioners and residents noted that the apparent discrepancy between assessor acreage and survey acreage derived from where roads were platted reduced the parcel below the 10‑acre threshold applicants had expected.

After public comment the commission moved to table the application and directed staff to work with the applicant and County offices on whether the road/right‑of‑way treatment, notice lists, or other options could resolve the applicant’s intent without creating a new small‑lot residential designation in that neighborhood. The motion to table was moved by a commissioner and seconded; the motion carried by voice vote and the item was tabled for follow‑up.

What happens next: the item will remain tabled until staff report back with potential fixes or alternatives (for example, a conventional subdivision option, road‑vacation discussion, or revised notice) and the commission places the matter back on an agenda. The transcript and staff packet list the application as ZDA‑0125, property address 38 West Street, and identify JM Construction and Real Estate LLC as owner.

Ending: Commissioners and nearby residents repeatedly returned to the same practical point: surveyed acreage, the legal effect of platted roads, and how the county’s notice lists are generated can materially change what a parcel owner can lawfully do. Staff was directed to pursue those technical follow‑ups before the commission considers the zoning change again.