Council approves The Creek development agreement while easing a master‑trail requirement; neighbors expressed concerns about tree loss and small open‑space lot

Nibley’s council adopted a development agreement for The Creek subdivision that grants two exceptions tied to the open‑space subdivision rules: a modified trail alignment through open space and an allowance for an open‑space parcel of 0.44 acres (below the usual 0.5‑acre conservation parcel minimum). The planning commission had recommended approval with conditions, and staff presented a red‑line version of the agreement that removed an earlier stricter trail requirement (Item 11) and clarified maintenance responsibilities.

Neighbors and nearby property owners told council they value the open space and were concerned the revised trail would cut across mature trees and require piping/alterations to a canal corridor; one resident who said they might purchase an open‑space parcel asked council not to force a trail that would degrade private landscape features. The proponent described the new trail alignment as a path that better connects to Mount Vista and fits contours; staff said the revised alignment still conforms to the master‑trail plan objectives and that the final plat and easement language will need to secure the connection. The council emphasized that planning commission review and final plat approval remain parts of the administrative process and that the development agreement merely grants two exceptions requiring legislative approval. Council voted to adopt the red‑lined development agreement at second reading and directed staff to include standard monitoring and maintenance language in final documents.