Hayden council approves vacation of 4,350‑sq‑ft right‑of‑way adjacent to Marks Ranch; developer to relocate utilities at own cost

The Hayden City Council voted 4–0 on Oct. 28 to approve a request from Marks Ranch LLC to vacate a roughly 4,350‑square‑foot triangular piece of city right‑of‑way along the old Lancaster alignment, a remnant left after the road was realigned. Staff said the remnant is too small and topographically constrained to serve future public roadway needs and that utilities in the area can be relocated and protected by recorded easements.

Donna, city planning staff, told the council the vacation process follows Idaho statutes and requires a finding about whether the public interest would be harmed by divesting the city’s interest. She said agency notices and comments were received from utility providers and that staff’s recommended conditions require the applicant to record required easements concurrently with any recorded resolution and to obtain permits to relocate infrastructure.

Jeremy Terzulli, the applicant’s land‑use consultant representing Olson Engineering and Marks Ranch LLC, described the parcel as a leftover triangular remnant from Lancaster Road’s realignment. “We respectfully, request that you consider this vacation, as we think it’s gonna be a benefit for, the city as a whole,” he told the council. Terzulli said the developer plans a gateway feature across from a future city park; he also said the developer has acknowledged existing utilities and will relocate them at the developer’s cost.

Several members of the public spoke during the hearing. Bill Breezy, vice chair of the Historic Preservation Commission, urged that any public art or design for the site include participation by the Arts and Historic Preservation commissions. Craig Beshaw asked whether the remnant could serve as a small public amenity (a dog park or disc golf), and Ian Shadman, a nearby resident, said he viewed the proposal as a net benefit because the developer will pay relocation costs and improve the visual gateway to the subdivision.

Council discussion focused on the statutory standard — whether retaining the right‑of‑way serves the public interest — and on the property’s limited developability due to topography. City staff told the council that, based on past right‑of‑way appraisals and the parcel’s constrained size (about one‑tenth of an acre), the parcel did not meet the statutory threshold that would require additional valuation procedures. Staff also noted that any underground utility relocations would be at the developer’s expense and must be completed or permitted before final recordation.

The motion approved the vacation with staff‑recommended, amended conditions requiring the applicant to obtain necessary permits, relocate infrastructure in coordination with Avondale Irrigation District and North Kootenai Water & Sewer District, and record the required easements concurrently with the city’s resolution. After the council adopts a resolution (a subsequent formal action), the resolution will be recorded with Kootenai County; the statute permits appeal of land‑use decisions under state law.

The council’s finding explicitly treated the action as a divestment of the city’s public interest in that small remnant rather than a sale of fee‑simple property; staff reiterated the difference between vacating a public interest in a right‑of‑way and selling fee‑simple land. Next steps are for city staff to prepare a resolution implementing the council’s decision for a future meeting and to coordinate the concurrent easement recordation and any required permits.