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(a) The hearing on the petition or proposal shall be held before the hearing examiner upon the day fixed by resolution or at the time to which a hearing may be adjourned. If the right-of-way vacation is requested by petition, the petitioner or his or her representative shall be present at the hearing. In its consideration of the proposed vacation of the public right-of-way, the hearing examiner shall render a recommendation based on the following criteria:

(1) The public benefit, reason for, and limitations of the proposed right-of-way vacation;

(2) Whether the vacation would deny sole access to a public street or alley for any property;

(3) Whether the proposal is consistent with existing plans of the city, such as the six-year transportation improvement plan, the comprehensive plan or other official city plans and policies;

(4) Whether the vacation is appropriate with existing and anticipated zoning and land use; and

(5) Whether there are any public or franchised utilities in the right-of-way to be vacated and, if so, whether they will be relocated, or whether an easement will need to be reserved.

(b) Following the hearing, the administrative official shall forward the hearing examiner's recommendation to the city council for an open record public hearing at a regularly scheduled city council meeting. (Ord. 2173, § 2 (Exh. A), 2022.)