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Commission debates rezoning at 602 West 2nd amid conflict‑of‑interest concerns
Summary
Planning staff recommended rezoning 602 West 2nd Ave from C3C to CR to allow duplex construction; commissioners questioned whether a sitting commissioner stands to benefit. The applicant's attorney said the applicant followed legal advice and disclosed his interest; commissioners asked staff and HUD for clarifications before final action.
Planning staff told the Albany City Commission that a 0.18‑acre parcel at 602 West 2nd Avenue is incorrectly shown on the zoning map as CR but should be C3C, and recommended rezoning it from C3C (commercial business district conditional) to CR (community residential) so a duplex could be built. The staff presentation cited the city’s comprehensive plan and noted adjacent parcels are already zoned for residential use.
Commissioners pressed staff and the applicant about whether the request represented an improper benefit to a sitting commissioner. One commissioner said the parcel’s rezoning and related financial arrangements raised the appearance of personal gain and said he would forward paperwork to the state attorney general. The applicant’s attorney, Ed Collier, told the commission the applicant had been transparent, had followed a legal opinion obtained earlier, and had recused himself from prior votes; Collier asked commissioners to focus on the zoning criteria in staff’s report, which recommended approval.
Staff described the error in the zoning maps that led to a related parcel being considered previously, explained why the current parcel was a separate case and said planning staff had recommended approval. Planning staff noted that the parcel’s future land‑use designation is high‑density residential and that rezoning would conform to surrounding uses. Traffic estimates for a duplex were characterized as modest (about 13 additional trips per day), and staff said Albany Transit serves the area.
Commissioners asked whether the rezoning should have been returned to the Planning Commission because of the earlier advertising and whether prior votes by the commissioner in question had created a conflict. City attorneys and planning staff said a legal opinion obtained during the prior proceeding concluded elected officials may apply to rezone property if they publicly disclose the interest and recuse themselves from discussion and voting. Commissioners asked staff to confirm the record of prior recusal and to make the planning commission minutes available.
Action and next steps: the public hearing was held and then closed. Commissioners discussed seeking additional documentation (legal opinions and records of prior votes) before taking a final vote; no final rezoning vote is recorded in the work session minutes.
