Planning commission recommends rezoning and plats for Milks Place subdivision southeast of 120th and Mitchell Road

The Sarpy County Planning Commission on April 15 recommended approval of a rezoning from AG (Agricultural) to RE2 (Residential Estates 2) and approved both a preliminary plat and a final plat for a subdivision to be called Lot 1 and Outlot A, Milks Place, located southeast of South 120th Street and Mitchell Road in Sarpy County.

Planning staff told commissioners the 14.36-acre site contains an existing home, garage and an outbuilding and that the request would split the homestead from the remainder of the property so the house could be sold or transferred to a family member. Planning staff said the single acreage lot would be about 2.2 acres and the remainder would be placed in an outlot reserved for future development when public utilities become available. Staff recommended approval, subject to conditions including a county board exception to urban reserve build-through size requirements and specific plat conditions.

The staff presentation said the site is in the urban reserve zone, which normally requires a 40-acre minimum for build-through; the county’s comprehensive plan (Appendix C) allows an exception when criteria are met. The commission’s recommended approval for the final plat included: (a) the county board exception to the comprehensive plan build-through 40-acre requirement as allowed by Appendix C exception 3(d); (b) dedication of right-of-way for Mitchell Road to a total width of 50 feet per the county surveyor’s alignment; (c) execution of a development agreement addressing future easements, creek setback and environmental protections and sanitary sewer improvements required by the sewer agency; (d) payment of the single-lot sewer agency fee prior to the county board chair signing the final plat; (e) addressing comments from other departments and agencies; and (f) the applicant addressing Planning Department comments dated March 28, 2025.

Planning staff said the property will be served by an existing well and septic system. The sewer agency reviewed the proposal and indicated the applicant would be required to pay the single-lot fee for lots smaller than three acres prior to final plat approval; staff also said that if a future expansion required a new septic system, the applicant would need a separate exception from the sewer agency at that time.

Applicant Lori Smith, identified as the trustee for the estate, said the parcel has been in her family since 1881 and that the intent is to create a parcel that could be sold to a family member while the outlot remains farmed. "This particular land's been in our family since 1881 and we'd like to continue that," Smith said.

Formal motions on the item were moved and seconded on the record. The commission voted to recommend approval of the rezoning, the preliminary plat and the final plat; each motion carried. The rezoning and plats were recommended to the Sarpy County Board with the conditions noted by staff and recorded in the planning department recommendation report.