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EXHIBIT C and maintenance of public utilities that remain within the vacated area. Compliance with Approval Criteria: Per EC 9.8725, the sole approval criterion for this vacation requires the City Council to find that approval of the requested vacation is in the public interest. The full text of the approval criterion is provided below, with findings demonstrating compliance: The city council shall approve, or approve with conditions and reservations of easements, the vacation of improved public right-of-way, public ways acquired with public funds, or undeveloped subdivision and partition plats, or portions thereof, including public right-of- way and improved public easements located therein, only if the council finds that approval of the vacation is in the public interest. The required public notice and hearing have occurred on the vacation request in accordance with applicable statutory and local code requirements. Consent to the vacation request from abutting and affected owners, and payment of a special assessment for the area of vacated right-of-way, has been provided by the applicant, as required by statutes and local code. Utility concurrences were received from impacted utility providers and the applicant has agreed to provide a PUE over the vacated area. The utilities currently provide service to existing developments and other improved public rights of way. The proposed PUE provides the easement necessary to continue perpetual operation and maintenance of public utilities that remain. The City’s Public Works Department supports the right of way vacation contingent upon the reservation of a PUE. Vacation Findings The following findings demonstrate that a vacation of Ferry Alley is in the public interest. This determination is based on the conclusion that the vacation of this right-of-way will provide an opportunity for the efficient use of land and will not negatively impact the transportation system, surrounding uses, or emergency access. Should the requested alley vacation be approved the, the vacated area will become private property under the control of the applicant, since the applicant owns all properties that abut the alley. The applicant’s intended purpose for the vacation request is as follows: •To create a "woonerf," also known as a "living street," by providing a mix of parking, traffic calming devices and landscaped outdoor spaces. •To maintain through access for vehicles, pedestrians, and cyclists. •To provide an opportunity for pedestrians and cyclists to utilize the enhanced outdoor space of the adjacent businesses. Analysis from Public Works staff confirms the surrounding street network is a traditional blocked street grid, which provides ample street connectivity as required by Eugene Code and negates the need for a secondary public thoroughfare. Because of the existing local street grid, Page 2 of 3