Oak Creek council approves rezoning for Oakwood subdivision after protests; developers to preserve wetlands

The Oak Creek Common Council voted Aug. 19 to rezone 3521 East Oakwood Road from RS-2 single-family residential to RS-4 single-family residential, authorizing a concept plan from Viridian Homes that would concentrate development on the property’s more usable upland and preserve roughly half of the 38-acre parcel as open space.

The applicant: Viridian Homes representatives said the company proposes a conservation-style subdivision that uses RS-4 lot sizes to cluster homes on the northern portion of the site while avoiding extensive wetland and floodplain crossings. Viridian’s Ben Lang said the developer’s concept would result in 44 lots on 19 net acres (an average lot size of about 11,251 square feet), compared with up to 69 lots the current RS-2 zoning could theoretically allow across the full 24 net acres of developable land.

Protests and procedure: Community Development Director Christie Lane told the council the city received protest petitions that meet the local code definition under section 17.0804: eight qualifying signatures from parcels immediately adjacent to the proposed rezoning (of 17 adjacent parcels) and five qualifying signatures from parcels on the opposite side of Oakwood Road (of 12 eligible parcels). Under the city code, the presence of such a protest requires a favorable vote of three-quarters of the Common Council members present and voting for the rezoning to pass; council members noted the item required and met that higher threshold.

Public concerns: Dozens of neighbors opposed the rezoning at the public hearing, citing flooding, stormwater and traffic impacts, the change in neighborhood character, and proximity to wetlands. Tim Schneider, who lives at 3525 E. O’Brien Road, said RS-4 density was “completely and totally out of character” with the area and urged aldermen to represent resident preference. Several speakers said existing nearby low-lying parcels flood and that heavier development would increase water in ditches and basements; others pointed to Oakwood Road’s limited shoulders and pedestrian safety concerns for children walking to Deerfield Elementary.

Developer response and planning staff explanation: Viridian Homes representatives said they started with the comprehensive plan and concluded a conservation subdivision was the appropriate approach. Ben Lang told the council the proposed rezoning to RS-4 would allow smaller lots in a clustered design yet keep the overall density lower than what RS-2 could allow if the entire parcel were developed with wetland crossings; he said the developer aims to limit wetland impacts to under one acre of mitigation and to install landscaping, sidewalks and driveways before home closings.

Council action: After discussion of density, stormwater and the Planning Commission record, a council member moved to approve Ordinance 31-30 to rezone the property; the motion was seconded and passed on roll call, meeting the three-quarters vote threshold required because of the qualified protests. Council members and staff noted the rezoning does not itself authorize a subdivision plat; the developer must return with a preliminary plat, stormwater plans and wetland delineation for Plan Commission review and approval before construction can proceed.

What this means: Rezoning to RS-4 permits smaller lot dimensions (RS-4 minimum lot size 8,000 sq. ft., minimum lot width 60 ft.) than RS-2 (minimum lot size 15,000 sq. ft., minimum lot width 80 ft.), but the developer’s proposed layout is designed to conserve about 50% of the parcel as open space. Several residents and aldermen said they expect robust review of the preliminary plat, engineering, and stormwater plans as the next steps.

Sources: Presentations by Christie Lane (Community Development), comments by Ben Lang (Viridian Homes), multiple public commenters, and the Aug. 19 council roll-call record.