Oak Creek council approves rezoning for conservation-style Oakwood subdivision after heated public comment

The Oak Creek Common Council on Aug. 19 approved an ordinance rezoning 3521 East Oakwood Road from RS2 single-family residential to RS4 single-family residential to allow a conservation-style subdivision proposed by developer Viridian Homes. The council adopted ordinance 31-30 after a public hearing in which dozens of residents spoke and the developer presented a conceptual plan.

The proposal, presented by Ben Lang of Viridian Homes, would preserve roughly half of the 38-acre property as open space and locate 44 new single-family lots on the more developable northern half. Viridian’s plan uses smaller lot sizes in exchange for conserving the upland and wetland acreage to the south.

Why it matters: Council members and the developer said the rezoning enables a layout that protects wetlands while adding housing supply, but many nearby residents said the change would increase traffic, worsen flooding and alter neighborhood character. The council approved the rezoning despite multiple protest signatures, which meant a three-quarter majority was required and was secured.

In the hearing, Lang said Viridian designed the concept to “respect the natural features of the land” and to “create a conservation-style subdivision” rather than pursue wetland crossings to develop the south portion. He told the council the company’s proposed plan would remain under the maximum density allowed by RS2 if measured against the total acreage but that rezoning to RS4 was necessary to achieve the smaller lot dimensions the conservation layout requires.

Opponents focused on drainage, road safety and compatibility with surrounding neighborhoods. Resident Tim Schneider told the council: “What the constituents cannot accept is RS4 zoning that is completely and totally out of characteristic with the existing subdivisions and residential homes in our districts.” Residents described recent basement flooding after heavy rain, limited roadway shoulders on Oakwood Road, and concerns that smaller lots would increase the number of vehicles, student traffic and demand on local infrastructure.

The planning staff’s presentation noted the property contains roughly 24 net acres of upland with the remainder in wetlands and flood fringe; staff said the applicant’s concept would place about 50% of the parcel into preserved open space and that the proposed 44-lot layout results in an average lot size of about 11,251 square feet. Christie Lane, community development director, told the council that the applicant’s conceptual density (about 2.3 units per net acre on the buildable acreage) is lower than what the current RS2 zoning would theoretically allow on the net acreage.

Council discussion touched on several procedural and substantive points: whether rezoning would permit a higher yield later, the role of the preliminary plat and plan commission review in limiting final layout, and the city’s stormwater and wetland permitting requirements. Ben Lang said the developer has submitted a preliminary plat and expects more detailed engineering review; he said the firm prefers to avoid large wetland mitigation and to keep total wetland impacts below one acre.

The council vote approved the rezoning. The mayor and staff said subsequent steps include plan commission review of the preliminary plat, final stormwater plans and any required DNR wetland approvals before construction could proceed.

Council action and next steps: Ordinance 31-30 was adopted by the council; staff said the project would return to the plan commission with a preliminary plat and stormwater plan for technical review and public notice. If the plan and engineering meet city standards, the developer may advance to platting and infrastructure permitting. Residents were told they will be notified when those filings arrive.

Speakers quoted and meeting context: Ben Lang, Viridian Homes (developer) and Christie Lane, community development director, presented details; multiple residents testified during the public hearing, including Tim Schneider, who urged councilmembers to vote no. The rezoning discussion lasted multiple agenda items and drew lengthy public participation, and council members referenced plan commission deliberations held previously.