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Hayden council approves vacation of small right-of-way for Marks Ranch; developer to relocate utilities
Summary
The Hayden City Council voted unanimously Oct. 28 to vacate a roughly 4,350-square-foot remnant of Lancaster Road right-of-way adjacent to the Marks Ranch subdivision, allowing the adjacent owner to take fee ownership and install a gateway feature with utility relocations at the developer’s expense.
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Hayden — The City Council on Tuesday approved a request to vacate a triangular remnant of city right-of-way adjacent to the Marks Ranch subdivision, finding the parcel provides no current public transportation function and is better used as a privately maintained gateway and art feature.
The action concerned PZE-250090, a petition from Marks Ranch LLC represented by Olson Engineering. Staff and the applicant told the council the parcel measures about 4,350 square feet (roughly one-tenth of an acre) and is encumbered by utilities and steep topography that limit its use for roads or other city infrastructure.
“It’s just sort of one of those odd shapes based on the realignment that’s just sort of a remnant,” said Jeremy Terzulli, a land-use consultant for Olson Engineering, describing the triangular piece left by Lancaster Road’s realignment. Terzulli told the council the developer plans a gateway feature and that any needed utility relocations would be completed at the developer’s cost.
City staff cited Idaho vacation-of-right-of-way procedures and a staff analysis that recommended conditions of approval, including that the applicant: prepare and record easements concurrently with the recorded resolution; secure any required permits to relocate underground infrastructure; and meet code standards for utility relocations. Staff also said, based on prior right-of-way appraisals and the parcel’s constrained topography, the parcel did not meet the statutory fair-market-value threshold used in some vacation calculations.
At the public hearing, neighbors and commission representatives suggested city involvement in selecting public art. “Anything that we do should tell the story of Hayden,” said Bill Breezy, vice chair of the Historic Preservation Commission, urging collaboration with the Arts and Historic Preservation commissions on artwork.
Multiple council members said they saw limited public utility in retaining the parcel and welcomed the prospect of a developer-funded improvement across from the future city park parking area. After deliberation, Council member DePries moved to approve the vacation with staff-recommended conditions as amended; the motion passed by roll call (White: Yes; Schaffer: Yes; Rotor: Yes; DePries: Yes).
Next steps: staff will draft a formal resolution to return to council for final recordation with Kootenai County and will require the applicant to record the necessary easements and permits concurrently with the recorded resolution.

