Court Documents 00CV322 Order of Remand tothe Town Council of the Town of Vail for Findings of Fact and Conclusions of Law

• Description: Town of Vail's application to deny an apeal regarding floodplain modification in 2000.
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Title: Court Documents 00CV322 Order of Remand tothe Town Council of the Town of Vail for Findings of Fact and Conclusions of Law
• Water Supply Pro - Doc Type: Court Documents

That the proposed location of the floodplain modification and the condition under
which it would be operated or maintained would not be detrimental to the public
health, safety, or welfare or materially injurious to properties or improvements in
the vicinity.
Petitioner raised a considerable number of issues in its written appeal and at the work
session concerning the appeal on June 13, 2000. The Town Council failed to make any findings
or conclusions concerning those specific issues. Upon consideration of the record, the Court
finds that the findings in this matter are inadequate for a proper review. "In the event the court
determines that the governmental body, officer or judicial body has failed to make findings of
fact or conclusions of law necessary for a review of its action, the court may remand for the
making of such findings of fact or conclusions of law." C.R.C.P. 106(a)(IX).
This matter is therefore remanded to the Town Council for findings of facts and
conclusions of law relative to the following issues.
1. Whether the subject improvements are prohibited by Code § 12- 21- 10(A).
2. The applicable zoning district and permitted uses within that district.
3. Whether the subject improvements are prohibited by the applicable zoning
district.
4. The applicability of Code § 12 -14 717 as to setback and the prohibition against
rechanneling or changing a natural creels or stream channel.
5. Whether the environmental impact report complied with the Town Code.
6. Whether the environmental impact report demonstrated that the work will not (1)
adversely affect adjacent properties; or (2) increase the quantity or velocity of
flood waters pursuant to Code § 12- 21- 10(E).
7. Whether the subject improvements are prohibited by the Vail Village Master Plan.
8. Whether the subject improvements are prohibited by the protective covenants.
IT IS THEREFORE ORDERED,
The Town Council of the Town of Vail shall file its findings of fact and conclusions of
law within 60 days of the date of this Order.
DATED THIS DAY OF 32001.
BY THE COURT
District Court Judge
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