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Council to change the words " "in no way" to "not" in items 8 and 9. After further <br />discussion, Councilmember Greg Moffet moved to make specific findings of facts and <br />conclusions of law as listed below: <br />Based upon substantial competent evidence contained within the record and presented <br />at the public hearings, the Town Council finds that the standards and conditions <br />imposed by the requirements of the Zoning Regulations and all other elements of the <br />Vail Town Code have been met. <br />The Vail Town Council specifically finds that: <br />1. The subject improvements do not constitute "structures" and are, therefore, not <br />prohibited under Section 12- 21- 10(A), Vail Town Code. <br />2. The subject property is zoned "Outdoor Recreation" and that permitted uses <br />within this district include "passive outdoor recreation areas and open spaces." <br />3. The subject improvements are in no way prohibited by the applicable zoning <br />district. <br />4. The subject improvements do not constitute "structures" and are, therefore, not <br />restricted under the setback requirements outlined in Section 12- 14 -17, Vail <br />Town Code. Additionally, Title 14 of the Vail Town Code specifically exempts <br />landscaping from setback requirements. Therefore, the subject improvements <br />comply with all setback provisions outlined in the Vail Town Code. <br />5. Gore Creek has not been rechanneled. Pursuant to the requirements outlined in <br />Title 14, Vail Town Code, the Planning and Environmental Commission has <br />reviewed the applicant's floodplain study and approved the request for grading <br />within the 100 -year floodplain. <br />6. The environmental impact report complies with all provisions outlined in the Vail <br />Town Code. <br />7. The environmental impact report, flood study, and Engineering staff testimony <br />demonstrate that the work will not adversely affect adjacent properties or <br />increase the quantity or velocity of flood waters pursuant to Section 12- 21- 10(E), <br />Vail Town Code. <br />8. The subject improvements are not prohibited by the Vail Village Master Plan. <br />9. All appropriate boards and committees have reviewed the proposal as required <br />under the covenant provisions on the property. Therefore, the subject <br />improvements are not prohibited by protective covenants. <br />6 <br />