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Published October 05, 2010, 12:00 AM

Deer Creek rezoning approved

The Deer Creek addition will move forward with 41 fewer lots than originally proposed after a compromise with the Fargo City Commission.

By: Heidi Shaffer, INFORUM

The Deer Creek addition will move forward with 41 fewer lots than originally proposed after a compromise with the Fargo City Commission.

Commissioners decided to re-examine a vote two weeks ago to deny the southwest Fargo subdivision’s rezoning after disagreement with the development group, Corn II LLC, over the inclusion of recreational trails, tree preservation and river setbacks.

The disputed westernmost portion, which abuts the Sheyenne River and is adjacent to both Horace and West Fargo, was excluded from the rezoning.

Commissioners denied the rezoning Sept. 20 because a recreational trail along the Sheyenne that developers had scrapped was part of the city’s growth plan.

The discussion over a grove of mature trees in Deer Creek also prompted the commissioners to develop a tree preservation policy.

Developers do not yet own the parcel of disputed land and are not sure whether it will be part of the subdivision in the future, said Andy Noah, an attorney for the group.

The subdivision will consist of 772 lots instead of its original 813.

If the developers decide to build on the excluded portion, zoning approval could be sought from the Planning Commission as soon as December, City Planner Jim Hinderaker said.

The commission voted 4-1 to approve the rezoning. Mike Williams was the lone dissenting vote, because he wanted some of the setbacks farther from the Sheyenne River.

Steve Iverson, a consultant for the group, declined comment Monday.

In other business, the commission met in executive session to discuss potential litigation on the city’s sign code.

The planning commission approved the updated sign code in August after more than a year of looking at the proposal. The city commission will hold a public hearing on the sign code at its Oct. 18 meeting.



Readers can reach Forum reporter Heidi Shaffer at (701) 241-5511

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