Commission recommends approval of 9‑acre lot rezoning at 12401 Road 38 with wildfire mitigation condition

The Montezuma County Planning and Zoning Commission recommended approval of a rezoning and 9‑acre single‑lot split at 12401 Road 38 in Mancos after staff findings and public comment. The commission’s motion, made during the meeting, noted that the proposed use conforms with code, would not create significant adverse impacts to surrounding properties, and that utilities are available or can be made available to serve the lot. The commission voted 4–0 in favor.

Planning staff told the commission that the proposal would leave the remaining parcel larger than 35 acres and that Montezuma Water Company has a 4‑inch main alongside the property and can provide one additional 0.625‑inch service. Staff also reported that the parcel is categorized as a moderate wildfire risk and that Wildfire Adaptive Partnership recommends a wildfire mitigation plan. “Wildfire mitigation… the parcel is categorized as moderate fire risk,” the planning staff said.

Neighbors at the hearing focused on access and long‑standing maintenance of Road 38, a non–county‑maintained “red” road that serves the parcels. Kenneth Vojta, who lives on Road 38, said maintenance has been a problem “for 13 years” and urged that the new developer should help improve the road rather than leaving repairs to existing residents. Dimitri Friedrich Schloter and other neighbors described erosion near a culvert and said a private spur built by a neighbor has altered historic drainage and access.

Commissioners and the applicant’s agent discussed easement geometry and access. Staff and the agent clarified that the 9‑acre lot is a corner flag lot with access using an existing driveway and that an easement (the flagpole) will be recorded to ensure legal access for the new lot. The motion included a condition that the wildfire mitigation plan be completed; commissioners discussed suggesting a voluntary road maintenance agreement but noted code does not compel such an agreement.

The commission’s recommendation will be forwarded to the Board of County Commissioners for final action. The applicant and staff said they will follow up with neighbors on possible road‑maintenance arrangements and complete the mitigation work required as a condition of the recommendation.