Commission holds Counts Hay & Cattle preliminary plat; schedules May 7 public hearing after variances raised

The Broadwater County Commission did not decide the Counts Hay & Cattle minor subdivision preliminary plat on April 16, instead moving to allow further review after an extended discussion about shared driveway access and fire-protection requirements.

Nicole Brown, Broadwater County Community Development and Planning Director, told the commission the application included three variance requests; the board had previously approved one variance (for a lot bisected by a road) and two remained: a variance from subdivision regulation section 5(h) concerning shared-driveway/road classification, and a variance from subdivision regulation section 5(r) addressing water supply for fire control.

Brown explained the driveway issue centers on Radcliffe Trail, a short 0.15-mile road that currently serves an existing residence. The Counts propose two additional residential sites that would use either a shared driveway off Radcliffe Trail or approaches off Big Country Drive. Brown and commissioners outlined concerns about addressing and emergency response: addressing in the county is based on distance down a road; adding addresses off a short road can confuse 911 responders without careful mitigation. Brown said, “Addressing is based on a distance traveled down the road,” and warned that improper addressing “could be minutes” in delay during an emergency.

The applicants (identified in the record as Tess and Test Counts) told the commission they have installed fencing and marked entrances and are willing to work with county staff on additional signage or approaches. The applicants also submitted a fire variance letter and a fire plan dated Nov. 11, 2024, signed by Bridger (recorded in the file as Broadwater Rural Fire District Chief Ed Shindle), stating the district would accept structures with fire sprinkler systems. Brown reminded the commission the county has no building inspector and therefore “there would be no way to verify nor require the installation of fire sprinkler systems,” and noted that the September 2024 subdivision rules may be cost-prohibitive for minor subdivisions.

Several commissioners expressed concern that the county’s fire-protection and driveway rules — written to safeguard emergency access and public safety — can impose high costs for a one-lot minor subdivision. Brown proposed bringing an amendment to the subdivision regulations to limit the water-supply-for-fire-control requirement to major subdivisions only; she said she would schedule a public hearing on amendments, and asked the applicants to consider a written request to extend the commission’s decision deadline to allow the rule-change process to proceed.

The applicants requested a 20-working-day extension; Brown said she would schedule a public hearing on the proposed regulation amendment and planned to hold the Counts public hearing at 10 a.m. on May 7, 2025, and indicated that a decision deadline could extend to May 14 if an extension were formally requested and granted. Commissioners agreed to wait and consider the subdivision and variances at the May 7 hearing rather than decide at the April 23 meeting.

No formal vote on the preliminary plat or the two outstanding variances occurred on April 16. Brown said the statutory date by which the commission must act on the preliminary plat is April 28, 2025, absent an extension; she also noted she would publish legal notice for the May 7 public hearing.