Spanish Fork council votes to realign road, approve annexation, adopt land-use and water agreements

Spanish Fork City Council members approved several ordinances, resolutions and intergovernmental agreements during their Sept. 16 meeting, including a partial vacation and realignment of Calpak Avenue, the annexation of 65 acres named the Ray Allen Swenson annexation, a site-plan/development enhancement overlay for a commercial parcel on South Lane, changes to the city’s rules for detached accessory dwelling units on lots of one acre or larger, formal authorization to sign a conversion contract for Strawberry Valley Project water, acceptance of the Stevens Hill annexation petition for further study, and an interlocal construction agreement with Nebo School District for improvements at the Sports Park.

The council handled the items in the public hearing and new business portions of the agenda and approved each item by roll-call or voice vote as shown below. Several items were introduced by city planning and legal staff, and developers or property owners attended the hearings to answer questions.

The most substantive legal explanation came during the Calpak Avenue hearing when Joshua Nielsen, assistant city attorney, summarized the legal standard for vacation ordinances: “The findings being these two, namely that good cause exists for the vacation and that neither the public interest nor any person will be materially injured by the vacation,” Nielsen said. The council voted to adopt the ordinance after a developer representative said construction and paving were underway.

Votes at a glance - Ordinance vacating a portion of Calpak Avenue (realignment): Motion to approve made by Councilman Marshall, seconded by Councilman Took/Tooke. Roll-call recorded: Councilman Took (Yes); Councilman Cardin (Yes); Councilman Oiler (Yes); Councilman Marshall (Yes). Outcome: approved. Context: City agreed to vacate a short segment so a developer could realign the road as shown on submitted plats; staff said the change preserves public access and will result in a finished paved roadway in the new alignment.

- Ordinance approving the Ray Allen Swenson annexation (approx. 65 acres): Motion made by Councilman Marshall, seconded by Councilman Carden. Roll-call recorded: Councilman Euler (Yes); Councilman Marshall (Yes); Councilman Took (Yes); Councilman Carden (Yes). Outcome: approved. Context: The property lies near State Route 77/1750 West and contiguous industrial development; staff and commissioners recommended annexation with rural-residential (RR) zoning at the time of annexation so any future zone change would proceed through the regular public process.

- Ordinance approving the Mabee site-plan with a development-enhancement overlay (South Lane commercial parcel): Motion by Councilman Carden, seconded by Councilman Marshall. Roll-call recorded: Councilman Carden (Yes); Councilman Took (Yes); Councilman Marshall (Yes); Councilman Oiler (Yes). Outcome: approved. Context: Applicant and staff agreed the proposed site plan would match neighboring L & S commercial development; a privacy fence and additional landscaping are included to address adjacency to an existing residence.

- Ordinance modifying detached accessory dwelling unit (ADU) requirements for lots one acre or larger: Motion by Councilman Took, seconded by Councilman Marshall. Roll-call recorded: Councilman Took (Yes); Councilman Marshall (Yes); Councilman Oiler (Yes); Councilman Carden (Yes). Outcome: approved. Context: The council revised Title 15 to allow detached ADUs larger than the previously capped 1,000 sq. ft. on parcels one acre or greater, provided they meet the same setbacks as primary dwellings. Planning staff explained ADU ownership and utility/parking considerations and noted the change applies to a small number of large lots in Spanish Fork.

- Resolution authorizing mayor to sign the Strawberry Valley Project (SVP) conversion contract and giving the public works director authority to sign third‑party SVP water dedication agreements: Motion by Councilman Euler, seconded by Councilman Marshall. Roll-call recorded: Councilman Tooke (Yes); Councilman Carden (Yes); Councilman Oiler (Yes); Councilman Marshall (Yes). Outcome: approved. Context: The contract converts historical Strawberry Valley irrigation water to allow municipal/pressurized irrigation and “miscellaneous and industrial” uses under updated agreement language with the Bureau of Reclamation and other stakeholders. Staff said the change preserves irrigators’ protections while enabling city transfers through third-party dedication agreements.

- Motion to accept the Stevens Hill annexation petition for further study: Motion by Councilman Took, seconded by Councilman Carden. Roll-call recorded: Councilman Carden (Yes); Councilman Took (Yes); Councilman Marshall (Yes); Councilman Oiler (Yes). Outcome: accepted for further study. Context: The 200± acre area west of the airport contains multiple ownerships and utility/service complexities; staff recommended study to evaluate serviceability, existing electric facilities and the impacts of partial vs. full annexation.

- Interlocal construction agreement with Nebo School District (Sports Park fields 9 & 10 improvements): Motion by Councilman Marshall, seconded by Councilman Euler. Roll-call recorded: Councilman Marshall (Yes); Councilman Took (Yes); Councilman Carden (Yes); Councilman Oiler (Yes). Outcome: approved. Context: Nebo School District will fund construction of a score tower, batting cage and storage for the high‑school softball program on city-owned ballfields; the city will manage and contract the construction and invoice the district for reimbursement.

Why it matters - Land use and growth: The council’s annexation and site-plan votes move multiple parcels closer to development or redevelopment and preserve procedural options (for example, retaining RR zoning at annexation) so future rezoning or development review remains subject to public process. - Infrastructure and services: The SVP conversion and acceptance of Stevens Hill for study reflect ongoing attention to long-term water supply and to how utilities and roads will be extended to new growth areas. - Housing and property rights: The ADU ordinance change alters the city approach to accessory homes on large parcels by removing the previous 1,000‑sq.‑ft. cap for detached ADUs on lots of one acre or larger while retaining setback and site‑capacity controls.

What the council said - Joshua Nielsen, assistant city attorney, explaining the legal standard for street vacations: “The findings being these two, namely that good cause exists for the vacation and that neither the public interest nor any person will be materially injured by the vacation.” - Planning staff and applicants answered questions in public hearings on the Calpak vacation, the Swenson annexation, the Mabee site plan, and the ADU amendment. Landowner representatives and family members appeared for the Swenson annexation hearing to describe Ray Allen Swenson’s local contributions.

Next steps and notes - The Stevens Hill annexation study will require staff follow-up (notices to affected entities, protest period and a public hearing) before a final council decision; staff estimated a minimum of three months to complete the required steps. - SVP third‑party dedication agreements will be executed between irrigation entities, developers/landowners and cities and will outline carrier-water, remaining irrigation obligations and related terms.

Speakers (attributed in council proceedings) - Joshua Nielsen, Assistant City Attorney (staff presenter; legal explanation of road vacation process) - Dave (city planning staff; presented annexation and code-change items) - David Anderson, Planning (presented ADU code amendment) - Brandon Dennison (representing landowner, Calpak vacation) - Brad Navy (applicant, Mabee site plan) - Jake Lasley (public commenter on ADU item) - Corey (Public Works staff; presented SVP/water conversion discussion) - Christian (Spanish Fork airshow organizer; provided event numbers during staff reports) - Council members named during votes: Councilman Marshall; Councilman Took/Tooke; Councilman Carden/Cardin; Councilman Oiler; Councilman Euler

Authorities referenced in council discussion (as cited in the meeting) - statute: "State code" (staff referenced statutory vacation process; citation read aloud during the meeting as a numeric string and not fully legible in the transcript) - ordinance: Spanish Fork Municipal Code Title 15 (land‑use and zoning code provisions governing annexation and ADUs) - contract: Strawberry Valley Project conversion contract (historic 1920 contract and proposed updates discussed with Bureau of Reclamation and local stakeholders)

Actions (structured) [{"kind":"ordinance_adoption","identifiers":{"agenda_item_id":"PublicHearing_A_Calpak"},"motion":"Approve ordinance vacating a portion of Calpak Avenue for the proposed realignment; findings that good cause exists and that neither the public interest nor any person will be materially injured","mover":"Councilman Marshall","second":"Councilman Took","vote_record":[{"member":"Councilman Took","vote":"yes"},{"member":"Councilman Cardin","vote":"yes"},{"member":"Councilman Oiler","vote":"yes"},{"member":"Councilman Marshall","vote":"yes"}],"tally":{"yes":4,"no":0},"outcome":"approved","notes":"Road realignment tied to developer's plat; staff found no material injury"},{"kind":"ordinance_adoption","identifiers":{"agenda_item_id":"PublicHearing_B_SwensonAnnex"},"motion":"Approve ordinance for the Ray Allen Swenson annexation","mover":"Councilman Marshall","second":"Councilman Carden","vote_record":[{"member":"Councilman Euler","vote":"yes"},{"member":"Councilman Marshall","vote":"yes"},{"member":"Councilman Took","vote":"yes"},{"member":"Councilman Carden","vote":"yes"}],"tally":{"yes":4,"no":0},"outcome":"approved","notes":"Annexation of ~65 acres; staff recommended RR zoning at annexation; no protests received during protest period"},{"kind":"ordinance_adoption","identifiers":{"agenda_item_id":"PublicHearing_C_MabeeOverlay"},"motion":"Approve site-plan and development enhancement overlay for the Mabee site plan with findings and conditions in staff report","mover":"Councilman Carden","second":"Councilman Marshall","vote_record":[{"member":"Councilman Carden","vote":"yes"},{"member":"Councilman Took","vote":"yes"},{"member":"Councilman Marshall","vote":"yes"},{"member":"Councilman Oiler","vote":"yes"}],"tally":{"yes":4,"no":0},"outcome":"approved","notes":"Applicant added trees, shrubs and a privacy fence; matched adjacent architecture"},{"kind":"ordinance_adoption","identifiers":{"agenda_item_id":"PublicHearing_D_ADUChange"},"motion":"Approve ordinance modifying detached ADU requirements to remove the 1,000 sq. ft. cap for lots one acre or larger, provided setbacks for primary dwellings are met","mover":"Councilman Took","second":"Councilman Marshall","vote_record":[{"member":"Councilman Took","vote":"yes"},{"member":"Councilman Marshall","vote":"yes"},{"member":"Councilman Oiler","vote":"yes"},{"member":"Councilman Carden","vote":"yes"}],"tally":{"yes":4,"no":0},"outcome":"approved","notes":"Change applies to limited number of large lots; owner-occupancy requirement for ADU remains"},{"kind":"other","identifiers":{"agenda_item_id":"NewBusiness_A_SVPConversion"},"motion":"Approve resolution authorizing the mayor to sign the SVP conversion contract and the public works director to sign third-party SVP water dedication agreements","mover":"Councilman Euler","second":"Councilman Marshall","vote_record":[{"member":"Councilman Tooke","vote":"yes"},{"member":"Councilman Carden","vote":"yes"},{"member":"Councilman Oiler","vote":"yes"},{"member":"Councilman Marshall","vote":"yes"}],"tally":{"yes":4,"no":0},"outcome":"approved","notes":"Converts Strawberry Valley Project water to allow pressurized irrigation/misc./industrial uses; preserves irrigators' protections"},{"kind":"other","identifiers":{"agenda_item_id":"NewBusiness_B_StevensHill"},"motion":"Accept proposed Stevens Hill annexation for further study","mover":"Councilman Took","second":"Councilman Carden","vote_record":[{"member":"Councilman Carden","vote":"yes"},{"member":"Councilman Took","vote":"yes"},{"member":"Councilman Marshall","vote":"yes"},{"member":"Councilman Oiler","vote":"yes"}],"tally":{"yes":4,"no":0},"outcome":"approved","notes":"Staff to perform notices, evaluate utility/electric service implications and return to council"},{"kind":"contract_award","identifiers":{"agenda_item_id":"NewBusiness_C_NeboInterlocal"},"motion":"Approve interlocal construction agreement with Nebo School District for Sports Park field improvements (score tower, batting cage, storage) and authorize billing/reimbursement process","mover":"Councilman Marshall","second":"Councilman Euler","vote_record":[{"member":"Councilman Marshall","vote":"yes"},{"member":"Councilman Took","vote":"yes"},{"member":"Councilman Carden","vote":"yes"},{"member":"Councilman Oiler","vote":"yes"}],"tally":{"yes":4,"no":0},"outcome":"approved","notes":"District will fund construction; city manages the contracting and invoices district"},{"kind":"other","identifiers":{"agenda_item_id":"ConsentItems_Sept16"},"motion":"Approve consent items A, B and C","mover":"Councilman Carden","second":"(second recorded)","vote_record":[],"tally":{},"outcome":"approved","notes":"Consent items approved by motion and voice vote"}]