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1 <br />( "PEC ") with respect to the provisions of Title 12 of the Vail Town Code.'- <br />On or about February 14, 2000, the Town itself, as property owner of Tracts I & A, Block <br />513, Vail Village, First Filing, Eagle County, Colorado (i.e. the previously identified "subject <br />property ", which is immediately adjacent to the Village Center Association property and that <br />contains a portion of the stream tract of Gore Creek), submitted an application to the Town's own <br />PEC (the "PEC application "). Record, Tab 2, No. 12, p. 2. The PEC application requested "PEC <br />approval of grading within 100 -year flood plain pursuant to Chapter 12 -12, Vail Town Code." Id. <br />Subsequent submissions by the Town and its Community Development Department in conjunction <br />with the PEC application indicate that the Town and the Vail Valley Tourism and Convention <br />Bureau were jointly proposing the construction of a "whitewater park" on Gore Creek in the heart <br />of the Vail Village. Record, Tab 2, No. 17, pp. 1 -14. The whitewater park is to consist of three <br />"drop structures" in Gore Creek, the construction of stream bank improvements, and put -in and take- <br />out points for the proposed facility. Id. The proposed drop structures are to consist of "a semi- circle <br />of natural boulders and below grade anchors" and are intended to serve as whitewater amenities that <br />will enhance the experience for whitewater boaters on Gore Creek. Id. at p. 1. According to the <br />Town's application and documents, the park is to be located "between the International Bridge and <br />the Creekside building..." Id. at p. 1. Therefore, portions of the whitewater park shall be <br />immediately adjacent to the property of the Association. Id. at p. 7; Record, Tab 3, No. 3, p.1. <br />2The zoning regulation of the Vail Town Code cited herein, as well as the Vail Village <br />Master Plan, the Vail Land Use Plan and the Vail Comprehensive Open Lands Plan were <br />incorporated in the Record at the June 13, 2000, Town Council hearing. Record, Tab 4, No. 7, p. <br />3. As a source of legal authority as well, for the Court's convenience, the relevant sections of the <br />Vail Town Code are attached hereto as Appendix A. <br />