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Broadwater County delays decision on Counts Hay & Cattle minor subdivision; public hearing set for May 7
Summary
The commission continued review of the Counts Hay & Cattle minor subdivision, leaving two variance requests unresolved (shared driveway and fire-suppression/water-supply requirements). Staff will hold a public hearing May 7; applicants requested and were granted an extension that could push the county decision deadline to May 14.
Nicole Brown, Broadwater County community development director and planner, continued a hearing on the Counts Hay & Cattle minor subdivision preliminary plat on April 16 and reminded the commission that three variance requests had been filed. The board previously approved one variance (for a lot bisected by a road); two remaining variance requests concern a shared-driveway exemption and a fire-protection/water-supply requirement.
Brown said the commission is not required to decide immediately and noted the statutory deadline to act on the preliminary plat is April 28. Applicants and staff agreed to schedule a public hearing on May 7; the applicants requested a written 20-working-day extension that, if granted, would move the county’s decision deadline to May 14.
The shared-driveway variance seeks exception to Broadwater County Subdivision Regulation section 5(h), which Brown summarized as treating “roads accessing abutting or serving 2 or more parcels or dwellings” as roads. The applicants propose to access both new home sites from an existing private approach, Radcliffe Trail, which Brown said is 0.15 miles long; she warned that addressing for emergency services is distance-based and that squeezing additional addresses into that short distance can create 911 response ambiguity. Brown explained addressing concerns in detail: “Addressing is based on a distance traveled down the road...Radcliffe Trail is 0.15 miles long.”
Applicant Tess Counts said the property already has two marked entrances and offered to mark approaches and addresses to help first responders. “We are more than willing to elaborately mark with the appropriate addresses there,” she said.
The third variance request asks for an exception to subdivision fire-protection requirements (section 5(q)/5(r)). The applicants proposed installing residential fire-sprinkler systems in any future homes; Broadwater County Rural Fire Chief Ed Shindle signed a fire plan stating the fire district “will accept this subdivision with all residential structures built with fire sprinkler systems installed.” Brown cautioned the county lacks a building inspector and therefore “there would be no way to verify nor require the installation of fire sprinkler systems,” and noted that sprinklers protect structures but would not address wildfire risk to outbuildings or fields.
Several commissioners said they were concerned that the county’s regulation requiring a water supply for effective fire control may be cost-prohibitive for a single-lot minor subdivision and raised the prospect of amending the subdivision regulations to limit the water-supply requirement to major subdivisions only. Brown said she will bring a proposed amendment to the regulations to a duly noticed public hearing for the commission to consider.
Given open questions about addressing, enforcement of sprinkler installation, and regulatory cost burdens, the commission did not act on the variances. Staff scheduled a public hearing on the proposed regulations amendment and on the Counts preliminary plat for May 7 at 10 a.m.; the applicants requested in writing a 20-working-day extension and indicated they would provide that request in writing to preserve the record.
