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Buffalo County approves Two Under Par subdivision, renumbers adult entertainment rules; separate subdivision tabled
Summary
On Feb. 22 the Buffalo County Board approved the Two Under Par Administrative Subdivision (Resolution 2022-01) and adopted a code amendment renumbering adult entertainment provisions to Section 6.5 (Resolution 2022-02). A separate administrative subdivision was tabled after public concern and will return March 8.
The Buffalo County Board of Commissioners on Feb. 22, 2022 approved the Two Under Par Administrative Subdivision and adopted a formatting amendment to the county’s zoning regulations affecting adult entertainment, while tabling a separate subdivision after public comment.
At a public hearing opened by Chairman Ivan Klein, Mitch Humphrey, a licensed land surveyor, presented an administrative subdivision application on behalf of Mitchell S. Elliot, manager for Two Under Par, L.L.C. No members of the public opposed that application, and the board moved, by roll-call vote, to adopt Resolution 2022-01 approving the plat and authorizing it to be filed and recorded in the Register of Deeds.
The approved resolution notes the parcel remains in the Agricultural–Residential (AGR) zoning district, that remnant property after subdividing would total roughly 75 acres, and that 17th Road abuts the subdivision and meets county width standards. The resolution also states the county attorney cleared title based on documents provided by the applicant.
Separately, the board held a public hearing on a formatting correction to Section 14.5 of the Buffalo County Zoning Regulations concerning adult entertainment. Deputy County Attorney Andrew Hoffmeister reviewed the amendment, which renumbers and reformats the text to Section 6.5 and restates location, distance and special-use conditions (including 1,000-foot straight-line distance restrictions from AGR property, other adult entertainment establishments, churches, hospitals, public schools, public parks and licensed day-care facilities, and a requirement for a land-surveyor distance certification prepared within 30 days of application). The board adopted the amendment as Resolution 2022-02 by unanimous roll-call vote.
At the start of the zoning docket the board opened a hearing on an Administrative Subdivision filed by Mitch Humphrey on behalf of Seth J. Tschetter for the “T S Administrative Subdivision.” Several residents—Scott Sweet, Rocky Schaub, Mary Schaub and Warren Forbes—addressed the board with concerns. After discussion the board tabled the matter to its March 8, 2022 meeting.
The board also voted to forward proposed zoning amendments regarding butchering to the Planning and Zoning Commission for public hearing, study and recommendation.
The Board’s actions on Feb. 22 were unanimous where roll-call votes are recorded; resolutions and motions include mover and seconder names in the minutes. The board is scheduled to revisit the tabled T S Administrative Subdivision on March 8, 2022.
