Council discussed the Hawk Creek conditional‑zoning matter after staff said one of the approval conditions — use of an access point through neighboring property in the Happy Valley community — cannot be enforced because the applicant lacks the legal rights to that land.

Brad (planning/legal staff) explained the consequence: "If they feel that it is only a minor modification, staff has the ability to approve or disapprove that. If it is a major modification, only council can make that determination, which means it will come back to you," he said, describing criteria such as land‑use changes or significant operational impacts used to distinguish minor from major modifications under state law.

Council members voiced frustration that the public has not followed the behind‑the‑scenes negotiations and requested clearer communication to the Haw Creek neighborhood. One councilor asked whether the hearing would be delayed; staff noted the applicant must formally request a determination and that the developer could choose to pull the item if desired under statutory rules.

Staff committed to provide a written determination from the planning director when formally requested and to produce a short community update before the Nov. 18 business meeting if possible. The planning director's decision about classification (minor or major) will determine whether the council will be required to take any further action.