HomeMy WebLinkAbout1.00 Project Narrative
NUTRIENT FARM
PLANNED UNIT DEVELOPMENT
NARRATIVE
NUTRIENT HOLDINGS LLC
March 2022
Revised March 2023
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NUTRIENT FARM
NUTRIENT HOLDINGS LLC PROPERTY OWNERSHIP
PROJECT TEAM
Owner/Project Designer Authorized Agent and General Counsel
Nutrient Holdings LLC
Andrew Bruno
Post Office Box 560
New Castle, Colorado 81647
Timberline Partners
Daniel Teodoru, Esq.
Erin Hunter, Esq.
210 S. Ridge Street / Post Office Box 625
Breckenridge, Colorado 80424
Water Attorney Mineral Rights Attorney
Hill and Pollock, LLC
Alan Hill, Esq.
1528 Wazee Street
Denver, Colorado 80202
Balcomb & Green
818 Colorado Avenue
Glenwood Springs, Colorado 81601
SGM Land Use Planner
118 W. Sixth Street, Suite 200 Mathews Leidal, LLC
Glenwood Springs, Colorado 81601 Christie Mathews Leidal, AICP
Surveyor: Tim Barnett, PLS Post Office Box 4678
Civil Engineer: Dave Kotz, PE, CFM Breckenridge, Colorado 80424
Traffic Engineer: Dan Cokley, PE, PTOE
Wastewater Engineer: Chad Paulson, PE
Water Engineer: Bailey Leppek, PE
Ecologist/Wildlife Professional: Alex Ness, MS
Soils and Geohazards Engineer
RJ Engineering and Consulting, Inc.
Richard Johnson, PE
266 Red Cliff Circle
Glenwood Springs, Colorado 81601
All the above Team Members have degrees and/or professionally licensed and certified in their
respective fields and qualified to practice in Colorado and prepare the documents contained within
this submittal package. Any necessary stamps/certifications have been included on/in the
applicable maps and documents.
TABLE OF CONTENTS
A. LIST OF APPLICATION SUBMITTAL MATERIALS…………………………....
1
B. OVERVIEW OF THE REQUEST.………………………............................................
4
C. LEGAL DESCRIPTION.………………………………………………………………
8
D. BACKGROUND…………………… …………………………………………………. 11
1. Preliminary Map of the Riverbend PUD and Declaration of Protective Covenants.… 11
2. Riverbend PUD Amendments and Subdivisions……………………………………. 16
E. DESCRIPTION OF SUBMITTAL REQUIREMENTS (6-302.)…………………...
20
1. PUD Plan – PUD General Descriptions (6-302.A.1.a.-e.)…………………………… 21
a. General Project Concept and Purpose of the Request…………………………… 21
b. Explanation of General Conformance with the Comprehensive Plan…………… 39
c. Description of Development Departures/Intent and Purpose Met………………. 53
d. Relationship to Existing and Adjacent Land Uses………………………………. 61
e. Phasing and Timing of Development……………………………………………. 62
2. PUD Plan – PUD Technical Descriptions (6-302.A.2.a.-h.)………………………… 64
a. Method and Calculation of Densities…………………………………………… 64
b. Wastewater Facilities……………………………………………………………. 66
c. Water Facilities………………………………………………………………….. 66
d. Public Utilities…………………………………………………………………... 67
e. Fire Protection…………………………………………………………………... 67
f. Responsibilities for the Provision of Community Amenities…………………… 68
g. Impacts to County Services, Schools, and Town Services……………………… 69
h. Documentation or Likelihood of Achieving Legal Access……………………… 70
3. PUD Plan – PUD Plan Map (6-302.A.3.a.-p.)………………………………………. 72
4. PUD Plan – PUD Plan Guide (6-302.A.4.a.-d.)…………………………………….. 73
F. PUD ZONING – REVIEW CRITERIA (6-202.C.1.-5.)……………….………..……
86
1. Purpose and Applicability (6-101.A. and B.)……………………………………….. 87
2. Development Standards (6-401.A.-I.)………………………………………………. 88
3. Standards, Article 7, Division 1, excluding 7-101. (Including reference to section 4-
203.M. regarding Water Supply in section 7-104.)………………………………….
90
a. 7-102. Comprehensive Plan and Intergovernmental Agreements……………… 90
b. 7-103. Compatibility……………………………………………………………. 91
c. 7-104. Source of Water (Including reference to 4-203.M. Water Supply)……… 92
d. 7-105. Central Water Distribution and Wastewater Systems…………………… 92
e. 7-106. Public Utilities…………………………………………………………... 95
f. 7-107. Access and Roadways…………………………………………………… 96
g. 7-108. Use of Land Subject to Natural Hazards………………………………… 99
h. 7-109. Fire Protection…………………………………………………………... 101
4. Rezoning Criteria (4-113.C.1.-4.) / Rezoning Justification Report (4-203.H.)……… 103
a. Logical and Orderly Development Pattern……………………………………… 103
b. Areas Have Changed/Changing…………………………………………………. 104
c. Community Need Addressed……………………………………………………. 105
d. General Conformance with the Comprehensive Plan and Any Applicable
Intergovernmental Agreement…………………………………………………...
105
5. Established Zoning Standards…………………………………………………….…. 107
a. Development Standards (6-401.A.-I.)…………………………………………… 107
b. Site Planning and Development Standards (Article 7, Division 3)……………… 108
1) 7-301. Compatible Design………………………………………………….. 108
2) 7-302. Off-Street Parking and Loading Standards…………………………. 110
3) 7-303. Landscaping Standards and 6) 7-306. Trail and Walkway Standards 110
4) 7-304. Lighting Standards………………………………………………….. 111
5) 7-305. Snow Storage Standards…………………………………………….. 111
G. ADDITIONAL REQUESTED INFORMATION PER NOVEMBER 22, 2022
LETTER………………………………………………………………………………...
113
1. Updated Title Commitment…………………………………………………………. 113
2. Recorded Statement of Authority……………………………………………………. 113
3. Matthies Exemption Plat Amendment Discussion…………………………………... 113
4. Boundary Line Adjustment Discussion……………………………………………… 114
5. Updated Public Notice Mailing Lists and Mineral Owners Lists…………………….. 115
6. Colorado Geological Survey Payment………………………………………………. 115
7. Mapping of Legal Descriptions of the Existing PUDs and Proposed PUD…………. 115
8. Specific Responses to Article 7, Division 2 Standards……………………………… 117
Narrative – Nutrient Farm Planned Unit Development 1 | Page
A. LIST OF APPLICATION SUBMITTAL MATERIALS
Appendix A Pre-Application Conference Summary
Appendix A.1 November 22, 2022 Letter from Glenn Hartmann (NFPUD NTC Letter)
Appendix B General Application Materials (4-203.B.):
Appendix B.1 • Land Use Change Permit Application Form and Request of Waivers
Appendix B.2 • Waivers Request Letter – Submission Requirements
Appendix B.3 • Statement of Authority (Reception No. 981220)
Appendix B.4 • Letter of Authorization
Appendix B.5 • Evidence of Ownership – Special Warranty Deed – Land (Reception No.
949446)
Appendix B.6 • Evidence of Ownership – Special Warranty Deed – Mineral Rights
(Reception No. 949447)
Appendix B.7 • Evidence of Ownership – Title Commitment – Commonwealth Title
Company of Garfield County, Inc. File No. 213068
Appendix B.8 • Nutrient Holdings LLC – Articles of Organization and Statement of
Change Changing the Principal Office Address
Appendix B.9 • Memo – Chain of Title
Appendix B.10 • List of Names and Mailing Addresses of All Property Owners within the
Coal Ridge PUD to be Vacated and Map. *Updated list to be generated 30
days prior to the hearing dates per 4-101.E. of the LUDC
Appendix B.11 • List of Names and Mailing Addresses of All Property Owners within the
Riverbend PUD Amendment Area and Map. *Updated list to be generated
30 days prior to the hearing dates per 4-101.E. of the LUDC
Appendix B.12 • List of Names and Mailing Addresses of All Property Owners within the
Remaining Riverbend PUD Area. *Updated list to be generated 30 days
prior to the hearing dates per 4-101.E. of the LUDC
Appendix B.13 • Map of All Property Owners within the Remaining Riverbend PUD Area
Appendix B.14 • List of Names and Mailing Addresses of All Property Owners within 200’
of the Nutrient Holdings Property/Nutrient Farm PUD Area. *Updated list
to be generated 30 days prior to the hearing dates per 4-101.E. of the LUDC
Appendix B.15 • Map of All Property Owners within 200’ of the Nutrient Holdings
Property/Nutrient Farm PUD Area
Appendix B.16 • Certificate of Mineral Owner Research and List of Names and Mailing
Addresses of All Mineral Estate Owners and Lessees within Subject Site.
*Updated list to be generated 30 days prior to the hearing dates per 4 -
101.E. of the LUDC
Fees:
• $ 500 Base Fee (Check previously submitted with original package.)
• $2,500 Colorado Geological Survey Fee (Check separately submitted with
this package.)
Appendix B.17 • Payment Agreement Form
Narrative • General Project Description
Narrative – Nutrient Farm Planned Unit Development 2 | Page
Appendix C Nutrient Farm Vicinity Map (203.C.) (Reduction – 8”x11” showing three mile
radius.)
Appendix D Nutrient Farm Site Plan (4-203.D. Provided – waiver requested as many of these
items are shown on the PUD Plan Map/or not applicable since no
structures/improvements proposed at this time.) (Reduction. Full size bound
separately.)
Appendix E Nutrient Farm Impact Analysis Report (4-203.G.)
Additional Supporting Material to the Impact Analysis Report:
Appendix E.1 • Soils and Geohazards Evaluation, Riverbend PUD
Appendix E.2 • Phase III Bond Release and Termination of Jurisdiction
Appendix E.3 • Nutrient Farm Slope Analysis (Reduction. Full size bound separately.)
Appendix E.4 • Nutrient Farm Preliminary Floodplain Mapping – Draft. (Reduction. Full
size bound separately.)
Appendix E.5 • Weed Management Plan Nutrient Farm PUD
Appendix E.6 • Reclamation Plan Nutrient Farm PUD
Appendix E.7 • Reclamation Plan Vulcan Ditch
Appendix E.8 • Nutrient Farm Sound Modeling and Testing Report
Appendix F Development Agreement (4-203.J.) and Phasing Plan
Appendix G Nutrient Farm Level III Traffic Impact Study (4-203.L.)
Appendix H PUD Plan Map (6-302.A.) (Reduction. Full size bound separately.)
Appendix I PUD Plan Guide (6-302.A.):
Appendix I.1 • Exhibit A: Nutrient Farm Legal Description
Appendix I.2 • Exhibit B: Nutrient Farm PUD Plan Map (Reduction. Full size separately.)
Appendix I.3 • Exhibit C: Nutrient Farm Conceptual Access, Circulation and Parking
Plan (Reduction. Full size bound separately.)
Appendix I.4 • Exhibit D: Table 2 – Nutrient Farm Land Use Table
Appendix I.5 • Exhibit E: Nutrient Farm Land Use Definitions
Appendix I.6 • Exhibit F: Table 10 – Nutrient Farm Allowed Signs Design Requirements
Additional Submittal Material:
Appendix J • Water Adequacy Report for Proposed Development (4-203.M.)
Appendix K • Central Water Distribution and Wastewater Systems Report (4-203.M./N.;
7-105.)
Appendix L • Water and Sewer Plan (Reduced. full size bound separately.)
Appendix M • OWTS Engineering Report
Appendix N • Special Warranty Deed – Water Rights (Reception No. 949448)
Appendix O • Special Warranty Deed – Water Rights (Reception No. 949449)
Appendix P • RB Water and Sewer Co. (“RBWS”) and Riverbend Water and Sewer Co.
(“RWSC”) Will Serve Letter
Appendix Q • Xcel Energy Will Serve Letter
Appendix R • Sopris Engineering Survey (May 25, 2011)
Appendix S • Riverbend Planned Unit Development Information:
Appendix S.1 • November 17, 1983, April 25, and May 11, 1984 Letters from Mark
Bean and Janell Kenzie
Appendix S.2 • Preliminary Map of the Riverbend Planned Unit Development
(Reduction. Full size bound separately.)
Narrative – Nutrient Farm Planned Unit Development 3 | Page
Appendix S.3 • Declaration of Protective Covenants for Riverbend, Garfield County,
Colorado
Appendix S.4 • Map – Nutrient Holdings Property/Nutrient Farm PUD Area
Overlayed on the Original Riverbend PUD Boundaries
Appendix T • Coal Ridge Planned Unit Development Information:
Appendix T.1 • Resolution No. 84-261 Riverbend PUD Amendment to allow for the
Coal Ridge Planned Unit Development. (Includes legal description.)
Appendix T.2 • Coal Ridge Planned Unit Development Plan Map – per County website
Appendix T.3 • Coal Ridge PUD Legal Description
Appendix T.4 • Map – Coal Ridge PUD Boundaries Overlayed on the Nutrient
Holdings Property. (Reduction. Full size bound separately.)
Appendix U • Map – Coal Ridge PUD Revocation and the Riverbend PUD Amendment
Areas on the Nutrient Holdings Property/Nutrient Farm PUD Area.
(Reduction. Full size bound separately.)
Appendix V • Riverbend Subdivisions:
Appendix V.1 • Riverbend Filing No. 1 (Reception No. 281326)
Appendix V.2 • Riverbend Filing No. 2 (Reception No. 281329)
Appendix V.3 • Riverbend Filing No. 2 Amended (Reception No. 299710)
Appendix V.4 • Riverbend Ranchettes (Reception No. 290481)
Appendix V.5 • Matthies Exemption (Reception No. 471051)
Appendix V.6 • Cedar Ridge (Reception No. 501840)
Appendix V.7 • Riverbend Filing No. 5 (Reception No. 517550)
Appendix W • Riverbend PUD Resolutions:
Appendix W.1 • Resolution No. 77-2 Approving a Rezone to Riverbend PUD
Appendix W.2 • Resolution No. 84-261 Approving a Riverbend PUD Modification to
Coal Ridge PUD
Appendix W.3 • Resolution No. 94-130 Approving the Matthies Subdivision
Exemption. *No PUD Amendment requirement found
Appendix W.4 • Resolution No. 95-074 Approving the Riverbend Filing No. 5 PUD
Amendment and its Site Plan
Appendix X • Riverbend PUD Area Declarations and Covenants:
Appendix X.1 • Protective Covenants Riverbend Filing No. 1 (Reception No. 281327)
Appendix X.2 • Declaration of Protective Covenants Cedar Ridge
Appendix X.3 • Declaration of Protective Covenants Riverbend PUD Filing No. 5
Narrative – Nutrient Farm Planned Unit Development 4 | Page
B. OVERVIEW OF THE REQUEST
This planned unit development proposal is submitted on behalf of the Owner, Nutrient Holdings
LLC (“Owner/Developer”). The Owner/Developer is requesting approval to establish the Nutrient
Farm Planned Unit Development (“PUD”) by concurrently vacating the entirety of the existing
Coal Ridge PUD and amending the remaining unsubdivided portions of the Riverbend PUD.
(Please refer to the separate applications to revoke the Coal Ridge PUD and amend the Riverbend
PUD for details.) Nutrient Farm is an agricultural mixed-use community revolving around a
biodynamic working farm. Nutrient Holdings intends to develop the Nutrient Farm PUD as a
cohesive community and has no intention of selling off any portions of it to others to develop.
The subject Nutrient Farm property, as described in detail herein (“property”), is currently subject
to the aforementioned PUDs, on certain sections of the property, and both such PUDs must be
either vacated or amended as to the property in order to allow for the new Nutrient Farm PUD to
take effect. The area of the Coal Ridge Revocation and Riverbend PUD Amendment corresponds
with the total property owned by Nutrient Holdings and the total Nutrient Farm PUD area. No
properties owned by others in the Coal Ridge or Riverbend PUD areas are included in this request.
(Please refer to the Commonwealth Title Company of Garfield County, Inc. File No. 2103068 title
commitment and Special Warranty Deed Reception No. 949446 for the Nutrient Holdings legal
description. Please note that the listed area exceptions include the Riverbend Subdivision Filing
Nos. 1 and 2, the Riverbend Ranchettes, the Cedar Ridge Subdivision, the Riverbend Subdivision
Filing No. 5, and the Matthies Exemption/Lake property. A copy of the Sopris Engineering survey
illustrating the property and these excepted areas has also been provided in this submittal package.)
Nutrient Farm is located between the Town of New Castle and Glenwood Springs, and to the south
of Interstate-70 (“I-70”) and the Colorado River. It is bisected by County Road (“CR”)
335/Colorado River Road. The property consists of four parcels containing approximately 1,136
acres, located on a benched area between the Colorado River and the Grand Hogback. (Assessor’s
records Parcel ID Numbers are: 2123-353-00-081, 2183-061-00-057, 2123-344-00-007, 2123-
344-00-005, and 2183-053-00-086. Per our surveyor’s research, for reasons he was unable to
determine, these five Assessor’s parcels were combined and re-organized into four parcels, A, B,
C, and D, for the property’s formal legal description in the title commitment. The following shows
how each Assessor Parcel ID Number relates to the title commitment and deeds:
• Assessor Parcel ID Number 2123-344-00-005 is part of Parcel B;
• Assessor Parcel ID Number 2123-344-00-007 is part of Parcel B;
• Assessor Parcel ID Number 2123-353-00-081 is all of Parcel A and part of Parcel B;
• Assessor Parcel ID Number 2183-053-00-086 is all and only Parcel D; and
• Assessor Parcel ID Number 2183-061-00-057 is all of Parcel C and part of Parcel B.
A map has also been provided illustrating the location of the various Assessor Parcel ID Numbers
on the Nutrient Holding property and the location of the Riverbend PUD Amendment area and the
Narrative – Nutrient Farm Planned Unit Development 5 | Page
Coal Ridge Revocation area. (Please also refer to the later Legal Description discussion in this
Narrative for more information.)
The property has historically been used for crop production and grazing and continues to be used
as such by Nutrient Holdings. The long established Vulcan Ditch runs through the property and
other agricultural improvements such as fences, gates, ditches, sheds, greenhouses, and dirt roads
exist. There is one existing single-family home (“Farm House”) to the south of Riverbend Filing
No. 2 located on a portion of the original Riverbend PUD designated for single-family homes.
The proposed Nutrient Farm PUD area encompasses and corresponds to the entire existing
Coal Ridge PUD area and the remaining unsubdivided portions of the Riverbend PUD area.
(Please see below for background history on the two PUDs.) The proposed Nutrient Farm PUD
seeks to establish a new PUD for the property revolving around an experiential biodynamic
working farm—in other words, a fully functional and operational biodynamic farm, employing the
high standards of that category, while also inviting visitors to experience agricultural, residential,
and recreational and retail/commercial related activities thereon—essentially “agritourism.”
Nutrient Farm prioritizes healthy living and responsible stewardship of the land and wants this
agritourist experience to help convey that message to the public. Nutrient Farm will utilize organic
and biodynamic agricultural practices such as avoiding all synthetic chemical pesticides,
fertilizers, and transgenic contamination. Nutrient Farm will largely be a self-contained, self-
sustaining ecosystem following organic and biodynamic practices with the goal of becoming
formally organic and biodynamically certified in the near future. Specific land uses and
development standards have been established in the proposed Nutrient Farm PUD Guide to foster
the compatible and orderly development of Nutrient Farm so that it blends into the nearby
residential development pattern and the natural landscape, and presents an exemplary operation
for the community.
Nutrient Farm seeks to maintain the open, natural feel of the property, and blends uses, facilities
and operations into the existing landscape. Accordingly, eight Development Areas (“Areas”) and
four Private Open Space Tracts are planned and have been shown on the proposed PUD Plan Map.
The Areas consist of two Working Farm areas, three residential areas, a residential/solar energy
area, a recreational/entertainment area, and a commercial/industrial area. As seen on the PUD Plan
Map, the heart of Nutrient Farm, and the majority of the usable land, are reflected in the
biodynamic Working Farm areas.
The Working Farm – East is located on the eastern portion of the property and will be used to
primarily grow hay and raise livestock. The Working Farm – West is located in the center of the
property and is planned to grow fruits, vegetables, and herbs, and has a children’s Adventure Farm
that is open to the public. Agricultural, educational, recreational, and agricultural tourist related
activities such as u-pick orchards, corn mazes, hay rides, restaurant, greenhouse, Farm Store,
agricultural processing buildings, tours, and solar energy systems are planned. These uses will
blend into the functional farm operations. The restaurant will serve healthy products grown and
Narrative – Nutrient Farm Planned Unit Development 6 | Page
raised on Nutrient Farm and other local sources, and will be built near the Colorado River. Food,
farm tours, and seasonal themed events such as a u-pick pumpkin patch and Halloween activities
will take place here too.
In terms of residential planning, 18 new residential lots will be disbursed to the north and east of
the western Working Farm. (The existing Farm House, even if redeveloped, is not a new unit, and
this lot is not included in the 18 new lot count.) The new residential lots and their future homes
will be comparable in planning, size, and scale to the existing Riverbend lots and homes. To that
extent, two residential subdivisions are planned adjacent to CR 335, parallel to the Colorado River,
near Riverbend Filing No. 5—one to the east and one to the west. Specifically, up to ten new
single-family lots are proposed to the west of Riverbend Filing No. 5, and five new single-family
lots are proposed to the east between Riverbend Filing No. 5 and the Riverbend Ranchettes. Two
new single-family home sites are planned near the Working Farm – East, adjacent to Riverbend
Drive, and one single-family home site will be located in the Working Farm – East, itself. The new
homes are planned to be served by Riverbend Water and Sewer Company (“RWSC”) facilities,
subject to formal inclusion and commitment at the time of lot subdivision.
To the west and south of the Working Farm – West, we envision commercial/industrial uses,
outdoor recreational activities, a music/entertainment area, campground, lodging facilities, and a
Health and Wellness Retreat. The Health and Wellness Retreat will offer a variety of holistic,
multi-disciplinary health services and activities. We seek to eliminate the existing approved heavy
industrial uses contemplated in the Coal Ridge PUD and replace them with commercial and
exceedingly light industrial uses, if any, such as a contractor’s yard, and a storage and sewage
treatment facility supporting Nutrient Farm.
Crucially, by means of close and consistent collaboration with the community, the LoVa Trail will
run east to west through Nutrient Farm along CR 335 and then align within a 25 foot wide easement
to the east across the Colorado River. Numerous private recreational trails and walkways are
planned throughout the property. An 80 foot right-of-way for CR 335 will be formally dedicated
to the County for public use. (There is no record of its formal dedication to the County for public
use on the property. Most likely, since the Riverbend PUD was never fully developed and
subdivided, the CR 335 portion within Nutrient Farm was never dedicated to the County.)
Development will be limited to the valley floor, while the steeper, more visible slopes backing up
to the Grand Hogback will be designated as private open space—thereby preserving the scenic
views to the mountains and serving as backdrop for the valley floor.
Nutrient Farm is planned as a sustainable holistic agricultural community revolving around a
working farm. Non-organic chemical use will be prohibited and electro-magnetic radiation
emissions will be restricted on the property by the Owner/Developer, as will any uses or materials
which could potentially cause contamination to the farm’s crops and livestock, its residents, or
guests. Nutrient Farm will be a predominantly self-contained community that provides its own
food, infrastructure, and energy facilities as much as possible. Specifically, Solar Energy Systems,
including solar electric and/or thermal energy systems, are planned on the northern portion of
Narrative – Nutrient Farm Planned Unit Development 7 | Page
Development Area 6 and Development Area 3 to maximize their solar orientation and efficiency.
(Out of the shadow of the Hogback.) A solar energy system may also potentially be constructed
in Development Area 5, if needed.
As mentioned above, CR 335 bisects the property, and will be dedicated to the County as a public
right-of-way. Additional public rights-of-way and private roads will be constructed off of CR 335
to access the future residential subdivisions and various areas of Nutrient Farm. No County or
municipal water or wastewater services are sought. Water and wastewater will be provided to the
land uses within Nutrient Farm via a variety of means including connection to the existing RWSC
facilities for the new residential homes. Water from the Vulcan Ditch, Coal Ridge Pump and
Pipeline, and associated Coal Ridge Reservoir will be used for the other indoor and outdoor uses
in the rest of the Development Areas. As the non-residential uses are widely dispersed across the
vast western portion of the property, multiple on-site potable water treatment systems and On-Site
Wastewater Treatment Systems (“OWTS”) will be constructed on the property. A State regulated
“public water system” will be created in advance of any development with public use above the
various triggering thresholds.
Our proposal is for a new PUD Guide that spans across the entire property and lays out the array
of uses in the different areas therein. Accordingly, the existing Coal Ridge PUD will be formally
vacated and the Riverbend PUD Amended concomitantly with the recordation of the proposed
Nutrient Farm PUD. The Nutrient Farm PUD will bring back and emphasize the agricultural and
light residential aspects of the property that were originally envisioned with the Riverbend PUD.
The Nutrient Farm PUD is much more compatible with the nearby residential uses of the original
Riverbend PUD and moves well away from the coal mine and heavy industrial uses allowed under
the Coal Ridge PUD.
Ultimately, we see this as an opportunity to replace a rather old and convoluted PUD that has a
history of small, isolated modifications, with a comprehensive PUD that better conforms to the
current Garfield County Land Use and Development Code (“LUDC”) standards and expectations
and goes back to original agricultural and residential intent of the original Riverbend PUD and the
rural mountain character of Garfield County.
Narrative – Nutrient Farm Planned Unit Development 8 | Page
C. LEGAL DESCRIPTION
As mentioned earlier, the Nutrient Holdings property consists of four parcels, Parcels A, B, C, and
D, containing approximately 1,136 acres. The legal description of this property came directly from
the title commitments prepared by Commonwealth Title Company of Garfield County, Inc. The
original title report Filing No. 1805028 was amended to reflect a price change, buyer/owner name
change, include hyperlinks, new dates, correct punctuation and spacing in the legal description,
etc. According to our surveyor, none of these edits impacted the boundaries of the property. An
updated title report has been prepared by Commonwealth Title Company of Garfield County Filing
No. 2103068 and included in this application package. Again, the legal description of the property
has not changed from the original title commitment to this most recent one.
The title commitment’s legal description was utilized for the Special Warranty Deed conveying
the property from NCIG Financial, Inc. to APB Holdings LLC—the Owner/Developer’s initial
property holdings company on November 9, 2018 (Reception No. 913980). For business reasons,
APB Holdings LLC subsequently conveyed the property to Nutrient Holdings LLC on January 28,
2021 via another Special Warranty Deed (Reception No. 949446). The Water and Mineral Rights
were also conveyed in a similar manner through a series of accompanying specific special warranty
deeds. Nutrient Holdings LLC is the Owner/Developer of Nutrient Farm and is the applicant of
the Amendment to the Riverbend PUD, the Revocation of the Coal Ridge PUD, and the Nutrient
Farm PUD requests. (Copies of the updated title commitment and the special warranty deeds have
been attached.)
Exhibit A of the current title report identifies the property to be conveyed in the four parcels—
each with its metes and bounds legal description. The legal descriptions specifically exclude a few
areas from Parcels A and C; and also from Parcel B, such as the Lake parcel, the existing Riverbend
Subdivisions Filing Nos. 1 and 2, the Riverbend Ranchettes, the school site, Riverbend Filing No.
5, and the Cedar Ridge Subdivision. For instance, the specific title report for Parcel B states
exceptions as follows:
EXCEPTING FROM THE ABOVE DESCRIBED LANDS the following:
1. All that portion platted as Riverbend Subdivision Filing No. 1 as shown on Reception No. 281326
2. All that portion platted as Riverbend Subdivision Filing No. 2 as amended as shown on Reception No.
281329 and No. 299710
3. All that portion platted as Riverbend Ranchettes Final Plat as shown on Reception No. 290481
4. All that portion conveyed to the Board of County Commissioners of Garfield County, Colorado, by
Deed recorded August 31, 1979 in Book 534 at Page 416 as Reception No. 297140
5. All that portion platted as Riverbend Subdivision Filing No. 5 as shown on Reception No. 517550
6. All that portion platted as Cedar Ridge Subdivision as shown on Reception No. 501840
7. All those portions described as Parcel No. 143; Parcel No. 143-A; and Parcel No. 143-B in the Rule
and Order of the Garfield County District Court in Civil Action No. 6635 and recorded in Book 437 at
Page 383 as Reception No. 255941
8. All that portion of the lands described in the deeds recorded in Book 906 at Page 790 as Reception No.
464984, Book 863 at Page 424 as Reception no. 447796, and Book 1712 at Page 990 as Reception No.
679354.
Narrative – Nutrient Farm Planned Unit Development 9 | Page
All as recorded in the office of the Clerk and Recorder of Garfield County, Colorado.
A survey prepared by Sopris Engineering was also obtained by APB Holdings during the initial
due diligence for the sale of the property. The survey is titled “NCIG Ranch Parcel” and its Notes
indicate that it relied on the original title commitment File No. 1805028. Sheet 1 of the survey
contains the title commitment’s legal descriptions and sheet 2 contains its exceptions as noted
above.
For illustration, Sheet 1 contains a map of the property and a legend in the lower left-hand corner
that specifies the title commitment’s legal description for each Parcel A, B, C, and D, as well as
the exceptions. Sheet 4 contains a boundary map with notes and calls illustrating the conveyed
property. It can be seen that the various existing Riverbend developments—Riverbend Subdivision
Filing Nos. 1 and 2, Riverbend Ranchettes, Cedar Ridge Subdivision, Riverbend Filing No. 5
Subdivision, and the Lake Parcel (Lot 2 of the original Matthies Exemption), as well as the 10 acre
RE-2 School Site—are not included in the Nutrient Holdings property. Consequently, no such
property interests are either contained in or affected by the proposed Riverbend PUD Amendment,
Coal Ridge Revocation, or Nutrient Farm PUD requests.
The title commitment and this survey were utilized by SGM to prepare the Nutrient Farm PUD
legal description, PUD Plan Map, and all the other maps and documents in these requests. All
shown SGM map boundary areas match the Commonwealth Title Company title commitments’
legal descriptions and the Sopris Engineering survey. (A copy of the Sopris Engineering survey,
the SGM Nutrient Farm PUD legal description, the Nutrient Farm PUD Plan Map, and legal
descriptions of the proposed Riverbend PUD area to be amended and the Coal Ridge PUD area to
be vacated have also been included for reference.)
As already mentioned, according to the Assessor’s records, the Parcel ID Numbers for the property
are: 2123-344-00-005; 2123-344-00-007; 2123-353-00-081; 2183-053-00-086; and 2183-061-00-
057. Per our surveyor’s research, for reasons he was unable to determine, these parcels were
combined and re-organized into Parcels A, B, C, and D in the property’s legal description of the
title commitment. The following shows how each Assessor Parcel ID Number relates to the ti tle
commitment and warranty deeds:
• Assessor Parcel ID Number 2123-344-00-005 is part of Parcel B;
• Assessor Parcel ID Number 2123-344-00-007 is part of Parcel B;
• Assessor Parcel ID Number 2123-353-00-081 is all of Parcel A and part of Parcel B;
• Assessor Parcel ID Number 2183-053-00-086 is all and only Parcel D; and
• Assessor Parcel ID Number 2183-061-00-057 is all of Parcel C and part of Parcel B.
A map has been provided illustrating the location of the various Assessor Parcel ID numbers on
the Nutrient Holding property and the location of the Riverbend PUD Amendment area and the
Coal Ridge Revocation area. Thus, the Riverbend PUD Amendment area consists of Parcel ID
Numbers 2123-344-00-005, 2123-344-00-007, 2123-353-00-081, and portions of 2183-053-00-
Narrative – Nutrient Farm Planned Unit Development 10 | Page
086 and 2183-061-00-057 which also contain the Coal Ridge PUD area as the Coal Ridge PUD
area was never formally subdivided. This amalgam of various property interests into the one new
PUD is a fairly typical approach to any such PUD rezoning effort.
Narrative – Nutrient Farm Planned Unit Development 11 | Page
D. BACKGROUND
The history of the Riverbend development reaches back to a Sketch Plan that was reviewed and
approved by the Board of County Commissioners (“BOCC”) on June 26, 1973. The Sketch Plan
and materials from that time show a 617 residential dwelling unit community containing an
outdoor education center, riding stables, open space, pasture, and a demonstration cattle ranch on
approximately 1,180 acres. A Preliminary Plat for Riverbend was subsequently reviewed and
approved by the Planning Commission on January 14, 1974. The Sketch Plan and Preliminary Plat
approval pre-dated the County’s adoption of its Zoning regulations. Thus, when modifications to
the approved subdivision were later sought by the developer, the County required that the
subdivision request be accompanied by a formal PUD zoning application in order to meet the
County’s new zoning policies. The development was reduced in immediate scope and size from
617 residential units to no less than 118 single-family and 80 multi-family dwelling units and those
modifications were reviewed and approved as the Riverbend PUD in January 1977 by the Board
of County Commissioners (“BOCC”) with Resolution No. 77-2. (Minutes from the meeting
indicate that this was a Joint Meeting with the Planning Commission and the BOCC reviewing
both the zone change to PUD for the Riverbend and the Preliminary Plat approval. Both requests
were unanimously approved by the Planning Commission and the BOCC.)
1. Preliminary Map of the Riverbend PUD and Declaration of Protective Covenants
The Preliminary Map of the Riverbend Planned Unit Development dated August 1976 prepared
by Scarrow and Walker and the associated Declaration of Protective Covenants for Riverbend,
Garfield County, Colorado received by the County on August 4, 1976 became the controlling
documents for the Riverbend PUD. Mark Bean, Senior Planner for Garfield County at the time,
stated this in his April 13 and April 25, 1984 letters to Sam Arentz of Storm King Mines. (These
letters have been attached as well as a May 11, 1984 letter from Janell Kenzie, representing Storm
King Mines, further describing these documents, and questioning them as they were neither signed
nor recorded.)
Mr. Bean stated in his April 13, 1984 Letter:
Dear Mr. Arentz:
Enclosed is a copy of the Declaration of Protective Covenants for Riverbend. In reviewing the
file for PUD rezoning, it appears that the County accepted this document as the method of
controlling land use within the PUD. Presently, a separate zoning text is required, which
becomes a part of the resolution of approval.
It appears that your company will have to amend these covenants, to allow for some parts of
your operation. Whether or not there is any action required on the part of the County is still
in question. Normally, the County does not enforce protective covenants. I have asked the
County Attorney’s office to review this matter…
Narrative – Nutrient Farm Planned Unit Development 12 | Page
In his April 25, 1984 Letter to Mr. Arentz Mr. Bean writes:
Dear Sam:
Please consider this letter to be confirmation for the County Attorney’s Office and Department
of Development position regarding the zoning of the Storm King Mines property. As noted on
April 13, 1984, the following documents will be considered the controlling documents for the
Riverbend P.U.D.:
1. The approved P.U.D. Plan Map as required by Section 4.08.05(2) of the Zoning
Resolution is a map entitled, “PRELIMINARY MAP OF THE RIVERBEND PLANNED
UNIT DEVELOPMENT,” dated August, 1976 and prepared by Scarrow and Walker,
Inc.
2. The P.U.D. zoning text, as required by Section 4.08.05(2)(H) of the Zoning Resolution,
is contained in the “Declaration of Protective Covenants for Riverbend, Garfield
County, Colorado” and received by the Garfield County Planner on August 4, 1976,
as a part of the P.U.D. rezoning and Preliminary Plan application.
It was at this time that the Riverbend P.U.D. was created and the above referenced documents
correspond in time to the time that Resolution No. 77-2 was signed….
The Preliminary Map has a number of land use designations on it and specific information about
the shown Development Areas and Notes. The Preliminary Map shows a 376 acre “open
space/agricultural land” area adjacent to County Road 335 and future development blocks for a
total of no less than 198 residential units (118 single-family and 80 multi-family units), a 10 acre
school site, a 0.33 acre commercial site for a convenience store, park/playground, stable, and
associated infrastructure areas (i.e., sewage treatment facility, storage tank, etc.), and common
areas. Documents from that time indicate the open space/agricultural land was to function as a
working ranch and sufficient water rights existed for it. The 1,180.83 acre property was shown to
be divided into 11 development blocks, including the residential and open space/agricultural areas.
Hamilton Duncan, the owner/developer, envisioned the PUD as homes for local families and
anticipated build-out of Riverbend in five phases within 10 years.
However, only a few of the residential areas shown on the Preliminary Map were eventually
subdivided and developed with homes by the original owner/developer—Riverbend Subdivision
Filing Nos. 1 and 2 and the Riverbend Ranchettes. The remainder of the property was sold off in
the early 1980’s—some of which were developed by others as residential subdivisions and some
as the Coal Ridge PUD. Specifically, in 1984, Storm King Mines received approval to modify
approximately 292 acres of the undeveloped western portion of the Riverbend PUD for the Coal
Ridge PUD. The Coal Ridge PUD allows for a coal mine, heavy industrial support facilities, as
well as residential and agricultural uses in it. The Coal Ridge PUD contains three types of
Narrative – Nutrient Farm Planned Unit Development 13 | Page
development districts—Common Open Space, Transition, and Heavy Industrial. Agricultural is a
By-Right Use in both the Transition and Heavy Industrial Districts, and a single-family dwelling
is also a By-Right Use in the Transition District. (Please refer to the Coal Ridge Revocation
Narrative for details.) We note that the PC 4/12/95 and BOCC 6/5/99 Staff Reports for PUD Zone
District and Text Amendment of the Riverbend PUD and Sketch Plan for the Riverbend by the
River Subdivision (which later became Filing No. 5) relay this same history, reference the Scarrow
and Walker Preliminary Map, and acknowledge the 198 residential units of density.
The existing Riverbend PUD is approved for no less than 198 residential units—118 single-family
units and 80 multi-family units. (The notes on the Preliminary Map indicate that the 80 multi-
family units may be developed as multi-family units or as single-family units.) The Preliminary
Map contains a number of Notes discussing the residential development of the property—the
location, type (i.e., single-family or multi-family), the size of the residential lots, as well as utility
easements and public street dedications. The Preliminary Map shows residential lots in the existing
Riverbend Subdivisions Filing Nos. 1 and 2 locations (designated as Phases I, II, and III on the
Preliminary Map) and additional lots extending to the southwest along the foothills of Coal Ridge.
According to the Preliminary Map and its Notes, these areas were to be developed as single-family
lots of a “1/2 acre more or less.” These areas contain 70 single-family lots in Blocks 7-10 and
were to be developed in Phase IV of the Riverbend PUD but were never subdivided or
constructed—except for perhaps two single-family homes in the Matthies Exemption area which
seem to correspond to Block 7/Phase IV.
The 80 multi-family/single-family units were shown on the northeastern portion of the property,
adjacent to the Colorado River, in Block 6. They were to be developed in Phase V, but that
subdivision too did not take place. Thus, according to the Preliminary Map, 70 single-family lots
on the southwest portion of the property backing up to the Grand Hogback in Blocks 7-10 and 80
multi-family/single-family lots on Block 6 adjacent to the Colorado River have yet to be
developed.
As mentioned above, the Preliminary Map also contains Development Areas information and
provides a map legend of sorts that indicates the location of the uses. The shown Development
Areas are as follows:
Development Areas
Blocks No. 1, 2, 3, 4, 5, 7, 8, 9 and 10. – 64.91 Acres
Roads in Blocks No. 1, 2, 3, 4, 5, 7, 8, 9 and
10. – 17.44 Acres
Block No. 6 – 71.20 Acres
Block No. 11, Open Space and
Agricultural Land – 376.27 Acres
Sewage Treatment Easement Area – 9.65 Acres
Common Area – 641.36 Acres
Subdivision Total 1180.85 “
Narrative – Nutrient Farm Planned Unit Development 14 | Page
The 10.06 acre school site was originally dedicated to the County in 1979 and then transferred
from the County to the RE-2 School District in 1992 with BOCC Resolution No. 92-076. The
entirety of CR 335 has not been formally dedicated as a public right-of-way. We believe that it
was previously merely dedicated to the County in increments—in association with the
development of the various subdivisions and their plats. (Please see below for a detailed
discussion.) This approach has left a fairly significant stretch of said road outside of dedication or
public control. Our proposal will specifically resolve that issue.
The Declaration of Protective Covenants for Riverbend, Garfield County, Colorado shows Mr.
Duncan as the Declarant and “Owner of the Riverbend Subdivision.” The Declaration was to
“include that portion of the property encompassing Filings I through IV as more particularly
described as follows.” The legal description is then recited and the area totals 81.91 acres. As
mentioned above, Riverbend Filing Nos. 1 and 2 and the Riverbend Ranchettes were platted by
Mr. Duncan, which corresponds to Phases I – III. A portion of the Phase IV area was amended to
the Coal Ridge PUD. Phase IV is located in the area owned by Nutrient Holdings. There is no
record of this Declaration being executed or recorded per the County online Riverbend and Coal
Ridge files, nor did it show up on the Commonwealth Title Report for the property. (This is similar
to Ms. Kenzie’s 1984 correspondence to Mr. Bean noted above.)
The Land Uses and Building Types specify one single-family home for each lot, or the number of
homes specified on the plat. The lots were to be used only for residential or recreational purposes,
for a private garage, barn, and other outbuildings incidental to the residential uses. No lot was to
be used for commercial or business purposes. The Declaration specifically exempted the other
various uses from the Declaration shown on the Preliminary Map. It states, “The foregoing
covenants shall not apply to Declarant or its agent, real estate sales offices, convenience store, and
the activities constructed in connection with the development, farming, ranching or the providing
of services to the development or public.”
The Declaration calls for all construction plans to comply with Garfield County’s zoning ordinance
and for the plans to be submitted for review and approval by an Architectural Control Committee.
A 1,000 square foot habitable floor area minimum is specified and references to setbacks, fences,
signs, easements, refuse, livestock and poultry, landscaping, nuisances and firearms, parking, and
outside antennas are made. Interference with the ranching operation is specifically addressed and
prohibited. The Declaration states:
F. Interference with Ranching Operation
Because of the physical danger, as well as a potential dollar loss, it is essential that
residents do not interfere with ranching activities or trespass on ranch property. Non-
interference with ranching activities will be strictly enforced. Any representative of the Board
of the Association or the ranch operator shall have the right to contact the Garfield County
Sheriff’s Department regarding trespassing on private land. Any resident causing damage to
Narrative – Nutrient Farm Planned Unit Development 15 | Page
crops, livestock, ranch buildings or equipment all be assessed a penalty by the Board of the
Associations sufficient to cover the dollar value of said damage.
Thus, the ranching/agricultural operation was central to the Riverbend development.
Article Four, Section A. Membership indicates that for the purposes of road maintenance,
landscaping, and all common services or those for the general use and benefit of all lot owners,
“…each and every lot owner, in accepting a deed or contract for any lot in the subdivision, agrees
to and shall be a member of and subject to the obligations and duty enacted by-laws and rules of
Riverbend Property Owners Association, a non-profit corporation.”
As mentioned above, we are unable to find any record of the Declaration being signed or recorded,
let alone being enforced by the County. There is no record of the above mentioned Riverbend
Property Owners Association in the online business records of the Colorado Secretary of State.
There was also no mention of this Declaration in the available online staff reports relating to the
various Riverbend PUD Amendments. Rather the PUD Amendments for the Riverbend
Ranchettes, Coal Ridge PUD, and Filing No. 5 only noted the Preliminary Map. The PUD
Amendment for Coal Ridge PUD did not even contain an analysis of the proposed mining
operation in relation to the existing Riverbend Preliminary Map or the residential density. Rather,
it focused on the proposed Coal Ridge PUD uses. However, the PUD Amendments for the
Riverbend Ranchettes and Filing No. 5 did—only in terms of the location of the proposed uses and
the amount of open space. (Please see below for details.) Consequently, we do not believe the
Declaration is applicable—thus also not in need of amending.
Phase IV of that Plan includes part of the Nutrient Farm property, and the overlay area of the Coal
Ridge PUD, and the density associated with that Phase IV of Riverbend has carried forth with that
property but has never been utilized to date.
The non-applicability of this Declaration is further supported by the various individual subdivision
declarations of record, which we have been able to obtain. For instance, Protective Covenants for
Riverbend Subdivision Filing No. 1 Garfield County, Colorado was recorded under Reception No.
281327 in 1977. Online documents indicate that the County received signed and notarized
Declaration of Protective Covenants for Cedar Ridge Subdivision Garfield County on November
14, 1996. An unsigned/unrecorded Declaration of Protective Covenants for Riverbend P.U.D.
Filing No. 5 was also found in the County’s online documents. All of these declarations contain
various use and design regulations for the development and occupancy of the future homes in
them. We believe that these declarations would not have been established if the original
Declaration was valid and applicable. At the very least, the Declaration would have been amended
to incorporate them.
Narrative – Nutrient Farm Planned Unit Development 16 | Page
2. Riverbend PUD Amendments and Subdivisions
Over time, various portions of the original 1,180.83 acre Riverbend PUD were developed by Mr.
Duncan as planned with single-family subdivisions—Riverbend Filing Nos. 1 and 2, and the
Riverbend Ranchettes, while other portions were sold off and developed by others—the Cedar
Ridge Subdivision, Riverbend Filing No. 5, the Matthies Exemption, and the Coal Ridge PUD.
Thus, the Riverbend PUD was not developed as originally envisioned. The residential units were
moved around within the Riverbend PUD boundaries and the PUD was amended to allow for these
relocations and also for new mining and other heavy industrial uses with the Coal Ridge PUD.
(Copies of the available Resolutions approving the original Riverbend PUD, Coal Ridge PUD,
Filing No. 5 PUD Amendment, the Matthies Exemption, and copies of the six existing subdivisions
in the original Riverbend PUD area have been attached for reference.)
In 1984, Storm King Mines received approval to modify approximately 292 acres of the
undeveloped western portion of the Riverbend PUD and replace it with the Coal Ridge PUD. (The
Coal Ridge PUD area encompasses the western half of the Riverbend PUD and some portions of
Blocks 8, 9, and 10.) The Coal Ridge PUD allows for a coal mine, other heavy industrial support
facilities, as well as residential and agricultural uses. The Coal Ridge PUD contains three types of
development districts—Transition, Heavy Industrial, and Common Open Space. Agricultural was
a By-Right Use in both the Transition and Heavy Industrial Districts, and a single-family dwelling
was also a By-Right Use in the Transition District.
The heavy Industrial District specified a minimum lot size of two acres and allowed a maximum
lot coverage of 85 percent (%). No building totals or square footages were specified. Besides the
coal mine, the heavy industrial uses included: oil and gas extraction sites; a mine salvage yard;
yards for layout of storage; heliport; plants for fabrication/processing of the natural resources;
storage of the natural materials and other minerals, oil, explosives, chemicals, and fuel; pumping
facilities; warehouse/staging areas; fabrication areas; water impoundments; various utilities;
pipelines; and a railroad corridor. (Per the Coal Ridge PUD these were designated either as By-
Right Uses or as Special Uses.) In summary, the Coal Ridge PUD provided for highly intensive
and impactful uses, despite the fact that it was adjacent to a high density residential area and also
significant agricultural operations.
According to the staff reports and other submittal documents from that time, development of the
mine was to take place in nine phases with the goal of producing 2.2 million tons of coal annually.
Retail and wholesale of coal was allowed, as well as a rail road spur into the property to transport
the coal off-site. The Coal Ridge PUD Amendment staff report did not contain an analysis of the
proposal in relation to the existing Riverbend PUD (i.e., uses, density, open space, etc.). Rather,
it myopically focused on the proposed mining activities of the Coal Ridge PUD in relation to the
Comprehensive Plan and potential impacts to neighboring properties. The PUD was highly
contested by the neighbors with numerous concerns articulated ranging from decreased property
values, additional truck traffic, air, water, and noise pollution, to compromised safety, and the
general visual aspect of the project.
Narrative – Nutrient Farm Planned Unit Development 17 | Page
In 1986, Coal Ridge mining operations began with two exploratory holes drilled into the hillside
and the construction of sediment control improvements. However, no coal seams were reached
and the operation ceased the following year. The portals were sealed and backfilled, and all
disturbed areas reclaimed and revegetated to the satisfaction of the Colorado Division of
Reclamation, Mining and Safety according to their Phase III Bond Release and Termination of
Jurisdiction Report. (A copy of the Phase III Bond Release and Termination of Jurisdiction Report
has been included in this submittal package.) Thus, the coal mine operation was never fully
developed, yet the anachronistic PUD remains in place.
The most recent Riverbend PUD Amendment took place in 1995 in connection with the Riverbend
Filing No. 5 subdivision request. According to the staff report, the proposed 10.61 acre Filing No.
5 area consisted of unimproved agricultural land and also the then existing sewage treatment
facility for the Riverbend homes. The parcel had been sold off illegally by the original owner in
1980 to a private individual who then sold it to the applicant. The utility was located on land
designated by the Preliminary Map as one of the utility areas and also on open space/agricultural
land. According to the staff report, the requested PUD Amendment and associated subdivision
were recognized as a means to clear-up the illegal lot and resolve the intent of the open
space/agricultural area of the Preliminary Map. There was no mention of the 1976 Declaration.
The staff report noted that there were two types of open space tracts shown on the original
Riverbend Preliminary Map—the Common Areas and the Open Space/Agricultural Land—and
questioned the long term use of the Open Space/Agricultural Land. It states, “The reduction of
open space/agricultural will not reduce the minimum of 25% open space required for a PUD, if
this land is considered as part of that requirement. It is not clear from the record of the rezoning
action to PUD, as to the intent of the open space/agriculture area. It appears that the intent was to
create an area for agricultural activities as an interim designation prior to conversion to another
use.”
The staff report later states, “The Open Space/Agricultural areas appear to be for the purposes of
continuing the historic ranching operations, but there is no indication that the ranch/farm use was
intended to be the perpetual use. Based on the fact that there is also “common area,” this area
appears to be another type of land use that is not intended to count towards the PUD open space
requirement. All of the land outside the existing subdivision has been sold to various parties and
has been subject to rezoning and subdivision exemption actions.” The staff report also states that
51 lots had been platted to date at the time. This is consistent with our research. We believe these
were the Riverbend Subdivisions Filing Nos. 1 and 2, the Riverbend Ranchettes, and the Matthies
Exemption.
The PUD Amendment was found to be in compliance with the County’s Zone District Amendment
Regulations, including the Comprehensive Plan. The subsequent Riverbend Filing No. 5 PUD Plan
recorded on September 12, 1995 shows the 10.61 acre parcel to contain 11 single-family lots, five
(5) duplex lots, and two (2) open space/parkland areas. Development Regulations for the single-
family, two-family, and open space/parkland zones were established. According to the recorded
plat, the open space/parkland area adjacent to the Colorado River contains a 0.95 acre easement
Narrative – Nutrient Farm Planned Unit Development 18 | Page
area for wastewater treatment facilities and a 25’ Pedestrian Access and Drainage easement
running north-south from County Road 335 to the River was platted. No plat notes describe this
easement, but a document submitted by the applicant, entitled Riverbend Filing #5 Preliminary
Plan, describes the subdivision request, and indicates that this was to be available to the public.
We are unable to determine if the public use was modified through the course of the approval
process or not.
The original Riverbend PUD boundaries have been developed with six residential subdivisions—
Riverbend Subdivision Filing Nos. 1 and 2, Riverbend Ranchettes, Cedar Ridge Subdivision, the
Matthies Exemption Plat, and Riverbend Filing No. 5. Per Assessor’s records and plats, 75
residential lots have been platted in the original Riverbend PUD boundaries since the Riverbend
PUD was approved. As mentioned before, the PUD has been amended many times to
accommodate the relocated residential units and their associated subdivisions, and the new mining
uses. For instance, the original Riverbend Preliminary Map did not contemplate any residential
lots where the Cedar Ridge and the Riverbend Filing No. 5 Subdivisions are located. (I.e., A stable
was shown in the area where the Cedar Ridge Subdivision is and a utility facility/sewer treatment
and parcel/open space agricultural areas were shown in the Riverbend Filing No. 5 area.) As noted
above, none of the 70 single-family homes in Blocks 7-10 nor the 80 multi-family/single-family
lots on Block 6 were ever subdivided or developed—except for perhaps two single family homes
in the Matthies Exemption which seem to correspond to Block 7 (Phase IV).
Existing Subdivisions Within the Riverbend and Coal Ridge PUD Areas
Subdivision Number of Lots
Riverbend Filing No. 1 17 SFRs
Riverbend Filing No. 2 29 SFRs
Riverbend Ranchettes 3 SFRs (3 originally. Lot C with 1 SFR re-subdivided into Cedar Ridge.)
Cedar Ridge Subdivision 3 SFRs (1 from Riverbend Ranchettes included. Double counted in order
to maintain a conservative analysis.)
Riverbend Filing No. 5 11 SFRs + 5 Duplex Lots (5 x 2 = 10 Lots)
Matthies Exemption 2 SFRs (On-site Farm House and off-site Lake Residence)
Total 65 SFRs + 10 from Duplex Lots = 75
Thus, based upon the existing residential development within the original Riverbend PUD
boundaries, we believe there are a base minimum of 123 residential units remaining from the
original Riverbend Development (198 – 75 = 123). (The one existing home, the Farm House, is
already accounted for above.) Furthermore, the development plan in the PUD plainly reflects a
minimum of 150 residential units remaining in the original PUD based on the undeveloped Blocks
6-10 units shown on the Preliminary Map (80 + 70 = 150).
No public dedications and/or improvements seem to have been contemplated by the original PUD
beyond the 10 acre school site and the dedication of CR 335. No County required open space
minimum was found in our review of the online original Riverbend PUD documents. Thus, we
believe the 25% open space requirement for the entire original PUD area mentioned in the Filing
Narrative – Nutrient Farm Planned Unit Development 19 | Page
No. 5 staff report is not applicable. It was not brought up in the previous amendments for the
Riverbend Ranchettes and the Coal Ridge PUD, and we can find no open space requirement for
PUDs in the current LUDC. (Rather, open space seems to be applicable to subdivision
applications.) The Coal Ridge PUD encompasses the western end of the Riverbend PUD
property—portions of Phase IV residential subdivisions, a portion of the open space/agricultural
land, and a portion of one of the common areas. Again, the Coal Ridge PUD Amendment staff
report did not contain any analysis of the proposal in relation to the existing Riverbend PUD (i.e.,
uses, density, open space, etc.) but rather focused on the proposed uses of the Coal Ridge PUD.
The Nutrient Farm area has been planned for development since the early 1970’s with a variety of
uses—residential, agricultural, commercial, mining and heavy industrial activities are allowed
under the existing Riverbend and Coal Ridge PUDs. The proposed Nutrient Farm PUD is much
more compatible, sensitive, and less intense that what is currently allowed, and goes back to the
original residential and agricultural nature of the Riverbend PUD. A variety of land uses and
specific development standards have been proposed in the Nutrient Farm PUD Guide to foster the
compatible and orderly development of Nutrient Farm so that it blends into the nearby residential
development pattern and the natural landscape. Many public benefits including the dedication of
CR 335 and the LoVa Trail through the property are planned. Over 608 acres of land, over half the
property, backing up to the Hogback will be preserved as private open space—similar to the
common area/open space areas shown on the original Preliminary Map. These areas will provide
an important backdrop for the valley floor and serve as buffer for wildlife between any
development activities and the nearby Bureau of Land Management (“BLM”) mountain lands.
This exceeds the 25% open space requirement for the entire original PUD area mentioned in the
Filing No. 5 staff report. (25% of the original Riverbend PUD 1,180.83 acres is approximately
295.21 acres.)
The LoVa Trail will be located within the proposed CR 335 right-of-way and a 25 foot public trail
easement will be granted for that portion of the Trail outside of CR 335 on the eastern portion of
the property and across the Colorado River. The Trail will provide an important east-west
connection between New Castle and Glenwood Springs, and beyond. The LoVa Trail will be
dedicated to the County after approval of the Nutrient Farm PUD via a separate dedication
agreement process. Five public parking spaces will also be provided on the property for trail users.
The parking spaces will be constructed, owned, and maintained by Nutrient Holdings.
We are seeking to vacate the entire existing Coal Ridge PUD and amend the remaining
unsubdivided portions of the existing Riverbend PUD that are owned by Nutrient Holdings and
replace them with the Nutrient Farm PUD. No land owned by others is included. The proposed
Nutrient Farm PUD goes back to the original agricultural and low intensity, local oriented
residential intent of the Riverbend PUD. Our proposal we be a benefit to the Garfield County
community as it is much more compatible, sensitive, and less intense than which is currently
allowed.
Narrative – Nutrient Farm Planned Unit Development 20 | Page
E. DESCRIPTION OF SUBMITTAL REQUIREMENTS (6-302.)
Section 6-302. of the LUDC specifies that a written description of the PUD Plan—including a
variety of general and technical aspects of the project, be provided in the submittal package. This
section also describes the required form of the PUD Plan Map and the contents of the PUD Plan
Guide.
Many of these items are also required to be addressed in later various questions. Thus, for ease of
reference, we have responded to each of the requirements and/or have noted where our response
has been provided elsewhere in this document. We believe all submittal requirements have been
met and that the Nutrient Farm PUD will be an asset to the Garfield County community.
1. PUD Plan – PUD General Descriptions (6-302.A.1.a.-e.)
2. PUD Plan – PUD Technical Descriptions (6-302.A.2.a.-h.)
3. PUD Plan – PUD Plan Map (6-302.A.3.a.-p.)
4. PUD Plan – PUD Plan Guide (6-302.A.4.a.-d.)
Narrative – Nutrient Farm Planned Unit Development 21 | Page
1. PUD Plan – PUD General Descriptions (6-302.A.1.a.-e.)
a. General project concept and purpose of the request;
The following is a detailed overview of the Nutrient Farm PUD request. This overview will be
referred to many times in our later responses to various questions/criteria in this Narrative.
Nutrient Holdings is requesting approval to vacate the entirety of the existing Coal Ridge PUD
and amend the remaining unsubdivided and undeveloped portions of the Riverbend PUD which
the property is currently subject to in order to allow for the proposed Nutrient Farm PUD. Nutrient
Holdings intends to develop the Nutrient Farm PUD as a cohesive community and has no plan to
sell off any portions of it to the general public to develop; instead, residential opportunities are
envisioned for key employees, family members, and collaborators. No properties owned by others
are included in this PUD request, or the accompanying Coal Ridge PUD Revocation and Riverbend
PUD Amendment requests.
Nutrient Farm consists of four parcels containing approximately 1,136 acres, all owned in their
entirety by Nutrient Holdings. A variety of land uses and specific development standards have
been proposed in the PUD Guide to foster the compatible and orderly development of Nutrient
Farm so that it blends into the nearby residential development pattern and the natural landscape.
Numerous public and private trails are being planned—including the LoVa Trail and trail access
to the Colorado River. Over 608 acres of land will be designated as private open space that will
provide an important backdrop for the valley floor and serve as buffer for wildlife between the
development and the nearby BLM mountain lands. Nutrient Farm will help to bring back
agriculture and the rural mountain character of Garfield County.
CR 335 bisects the Nutrient Farm property and is contained within the parcels owned by Nutrient
Holdings. CR 335 serves as the only paved access to the property and the nearby existing
residential subdivisions. However, there is no record of its formal dedication to the County for
public use. Most likely, the Riverbend PUD intended its public dedication, but since that PUD was
never fully developed and subdivided, the majority of CR 335 has not been dedicated to the
County. An 80 foot right-of-way for CR 335 will be formally dedicated to the County in connection
with the Nutrient Farm PUD via a separate document—once the PUD has been approved and the
dedication details are finalized in a separate agreement with the County and the Town of New
Castle. The LoVa Trail will be located within the right-of-way and a 25 foot public trail easement
will be granted for that portion of the Trail outside of CR 335 on the eastern portion of the property
to the Colorado River.
Nutrient Farm will be a sustainable holistic community centered around its biodynamic Working
Farm areas. A variety of fruits and vegetables will be grown and animals raised on the property.
Non-organic chemical use will be restricted and electro-magnetic radiation emissions will be
minimized on the property which could potentially cause contamination to the farm, its residents,
or guests. Ecology will guide agricultural practices and the property’s natural resources will be
Narrative – Nutrient Farm Planned Unit Development 22 | Page
protected. Holistic and natural mitigation practices will be used against insects and weeds, and
electro-magnetic radiation or electro-magnetic pollution will be minimized on the property by
Nutrient Holdings. Due to its large scale, Nutrient Farm will be a rather self-sufficient community
growing its own food and constructing its own infrastructure and energy facilities (i.e., solar energy
systems) as much as possible.
Development Concept – PUD Plan Map, Development Areas, Private Open Space Tracts and Land
Uses
Eight Development Areas and four Private Open Space Tracts are proposed for Nutrient Farm.
(Please refer to the PUD Plan Map for location details.) There are two Working Farm areas, three
residential areas, one residential/solar energy area, one recreational/entertainment area, and one
commercial/industrial area. As illustrated on the Plan Map and shown on the following table, the
majority of Nutrient Farm will be used for farming and/or open space—almost 880 total acres or
77.5% of the property.
The following PUD Guide Table 1 provides a summary of the proposed general land uses for the
Development Areas and Tracts in Nutrient Farm. A Nutrient Fam Land Use Table and Nutrient
Farm Land Use Definitions have also been attached to the PUD Guide that provide further
development review information and requirements for the specific land uses within Nutrient Farm.
Since Nutrient Farm revolves around agriculture, Agricultural and Animal Related Uses, including
Agritourism, are proposed in all Development Areas.
Table 1 – Development Areas, Private Open Space Tracts and General Land Uses Summary
Area/
Tract
Name Size1
(Acres)
General Land Uses2
1 Residential Subdivision
(5) 0.50 acre minimum lots
5.50 Agricultural/Animal Related Uses, Agritourism
Residential Uses: Dwelling Units, Single-Unit
2 Residential Subdivision
(1) 35.00 acres minimum
lot/ Farm House Lot3
42.14
Agricultural, Agritourism, Animal Related Uses
Residential Uses: Dwelling Unit, Single-Unit
3 Residential/Solar Energy
Systems
(10) 0.50 acre minimum lots
9.46 Agricultural/Animal Related Uses, Agritourism
Residential Uses: Dwelling Units, Single-Unit
Solar Energy Systems
4 Residential Subdivision
(2) 0.50 acre minimum lots
1.12 Agricultural/Animal Related Uses, Agritourism
Residential Uses: Dwelling Units, Single-Unit
5 Working Farm – East/Solar
Energy Systems
(1) 1.00 acre minimum
residential lot
73.99 Agricultural/Animal Related Uses, Agritourism
Commercial Uses
Residential Uses: Dwelling Unit, Single-Unit,
and Dwelling Units, Bunkhouse4
Solar Energy Systems
6 Working Farm – West/
Solar Energy Systems
(North: 54.70 Acres)
(South: 142.21Acres)
196.91 Agricultural/Animal Related Uses, Agritourism
Commercial Uses
Residential Uses: Dwelling Units, Bunkhouse4
Solar Energy Systems
7 Commercial/Industrial Park 12.31 Agricultural/Animal Related Uses, Agritourism
Narrative – Nutrient Farm Planned Unit Development 23 | Page
1 The size of each Area and Tract shown is approximate.
2 The indicated General Land Uses for each Area and Tract does not specify all of the individual
allowed land uses, Accessory Uses or Temporary Structures for that Area or Tract. Refer to the
Nutrient Farm Land Use Table for the allowed land uses in each Area or Tract.
3 A single-family home (“Farm House”) and Accessory Uses and Structures exist.
4 Bunkhouses for seasonal and full time agricultural employees and On-Site Employee Housing units
for employees of Nutrient Farm may be constructed in these Areas. These units are not inclusionary
housing required by the LUDC nor shall any provisions of such be applied to them. All necessary
applications, studies and reports shall be submitted to Garfield County for review and approval prior
to the construction of any of these units including, but not limited to the provision of water and
wastewater, vehicle trips, and other infrastructure improvements. No modification to this PUD Guide
shall be required.
The biodynamic Working Farm areas are the heart of the Nutrient Farm operations and will occupy
the majority of the usable land. Irrigated hayfields, cattle and other animals will be kept on the
Working Farm – East (Area 5). The Working Farm – West (Area 6) is located in the center of the
property and is planned as a working farm and as an experiential Adventure Farm that is open to
the public. Agricultural and tourist-oriented educational, recreational, and commercial activities
such as farm tours, u-pick orchards, corn mazes, hay rides, and petting zoo are planned. A green
house, a restaurant serving healthy grown and raised products from Nutrient Farm and other local
sources, Farm Store, agricultural processing buildings, and Solar Energy Systems to support
Nutrient Farm will be constructed. If needed, a solar energy system may also be constructed in
Area 5 to help power the various uses and buildings in Nutrient Farm.
18 new residential lots are planned to the north and east of Working Farm – West in Development
Areas 1-5 of which 17 will be served by the RWSC systems. (The residential lot in Area 5 will be
served by a new well or the Vulcan Ditch.) A letter has been provided from RWSC and RB Water
and Sewer Co. (“RBWS”) indicating their ability and willingness to serve the lots. Development
(North: 5.45 Acres)
(South: 6.86 Acres)
Commercial Uses
Industrial Uses
Residential Uses: Dwelling Units, On-Site
Employee Housing4
8 Outdoor Adventure Parks
(North: 6.14 Acres)
(South: 168.25 Acres)
174.39 Agricultural/Animal Related Uses, Agritourism
Commercial Uses
Industrial Uses
Public/Institutional Uses
Visitor Accommodations
Residential Uses: Dwelling Units, On-Site
Employee Housing4
A Private Open Space 214.63 Private Open Space
B Private Open Space 281.19 Private Open Space
C Private Open Space 65.40 Private Open Space
D Private Open Space 47.54 Private Open Space
County Road 335 ROW Area 11.42 Public Right-of-Way
Total Development Areas 515.82 45.4% of Total PUD Area
Total Private Open Space Tracts 608.78 53.6% of Total PUD Area
Total County Road ROW Area 11.42 1.0% of Total PUD Area
Total PUD Area 1,136.00 100% of Total PUD Area
Narrative – Nutrient Farm Planned Unit Development 24 | Page
Area 1 is located next to the Colorado River between the existing the Riverbend Filing No. 5 and
Riverbend Ranchettes Subdivisions, and is planned for five single-family homes. (Development
Area 2 contains the existing Farm House and is not included in the 18 new residential count.)
Development Area 3, with up to ten residential lots, is between CR 335 and the Colorado River
and to the west of Riverbend Filing No. 2. A Solar Energy System may also be constructed in
Development Area 3.
Up to two single-family lots will be located in Development Area 4 along Riverbend Drive, and
one lot for a single-family home will be located in Development Area 5 the Working Farm – East,
most likely reserved for the ranch manager and/or employees. Each new residential lot in Areas 1,
3, and 4 will be a minimum of 0.50 acre. A minimum 1.00 acre in size residential lot will be located
in Development Area 5 in order to accommodate on-site water/well systems, and Development
Area 2 will contain a minimum 35 acres lot for the Farm House. The lots and future homes will be
comparable in size and scale to the existing Riverbend homes through the PUD Guide’s proposed
development standards regulating maximum lot coverage, floor areas, setbacks, and heights.
Accessory Dwelling Units (“ADUs”) will be allowed on all the single-family lots in Areas 1, 3,
and 4. A Guest House, rather than an ADU, will also be allowed for relatives and guests of the
Owner/Developer in the 35 acres of Area 2.
In addition to the above referenced uses, although not required by the LUDC, On-Site Employee
Housing units to house employees of Nutrient Farm and Bunkhouses for individuals working on
the farm are planned throughout the rest of Development Areas 5-8. These have been included as
allowed uses in the proposed Land Use Table, but not included in the water and wastewater studies
nor the traffic impact study. Nutrient Holdings understands that in order to attract and keep
valuable employees, it is important to provide housing for them. Thus, On-Site Employee Housing
units and/or Bunkhouses are planned for Nutrient Farm once the operation and employment
demands are better understood (i.e., the needed amount and design type). The applicable Garfield
County review processes will be followed and additional reports/analysis will be provided at that
time. All such Employee Housing proposals will of course have to comply with all the
requirements of the PUD and the LUDC.
Development Area 7 is located on the western portion of the property and is approximately 12.31
acres. It will contain commercial/industrial uses to provide amenities and services to the Nutrient
Farm guests and to support the working farm. No heavy industrial uses from the Coal Ridge PUD
are sought, and in fact they will be removed from the possible uses on the property. Instead,
commercial and light industrial uses such as retail, recreation activities, a contractor’s yard,
storage, and sewage treatment facilities to support the Nutrient Farm activities are proposed.
Development Area 8 is located to the south and west of the Working Farm – West and backs up to
the mountains. It is approximately 174.39 acres and contains the Outdoor Adventure Parks—
outdoor tourist-oriented recreational land and water activities, music/entertainment, and
retail/commercial, as well as a campground, lodge, and Health and Wellness Retreat. The Outdoor
Adventure Parks will include recreational activities such as alpine coasters, zip lines, ropes and
Narrative – Nutrient Farm Planned Unit Development 25 | Page
obstacle courses, and trails for running, biking, BMXing, and parks for off-highway vehicles
(“OHV”). Winter mountain activities and summer activities such as a water park and outdoor
music/entertainment area are also planned for this Area. Performing arts, musical performances,
festivals, and recreational/athletic events will take place here. A variety of measures regarding
hours of operation, noise levels, and parking have been proposed in the PUD Guide and Definitions
to ensure that the uses will be compatible with the surrounding properties and mitigate any
potential off-site impacts.
All commercial outdoor events and activities will be limited to 7:00am to 10:00pm, seven days a
week. After 10:00pm, all outdoor activities will cease or the activity will be moved into an enclosed
building. (This does not include any agricultural operations in the Working Farm areas.) All
exterior lighting on the property will be downcast, and the bulbs shielded from view or arranged
in a manner so that direct rays of light will not shine directly onto adjacent properties outside the
PUD boundaries. Trash receptacles will be located throughout the PUD area and emptied
systematically in order to prevent the accumulation of uncontained rubbish or attract wildlife. Dust
will be controlled on-site using water trucks or other dust-suppression methods, as needed.
It is the intent that any sound emanating from the recreational, entertainment, or commercial
activities will be properly mitigated and controlled, and noise impacts avoided and abated. Future
sound studies will be provided for site specific development requests that could potentially need
mitigation such as the Motor Sports Center (aka “OHV Park”) and the Outdoor Music and
Entertainment venues, at the time of County review of those requests. In terms of the Motor Sports
Center/OHV Park, our intent is to provide only 100% electric vehicles initially at the Motor Sports
Center/OHV Park that will not create a sound disturbance to the neighbors. If after future sound
testing and modeling, it is found that gasoline vehicles can meet County/State standards, they may
be used. It is important to note that we have conducted preliminary sound studies which indicate
that, depending upon the location from where the sound level measurements are taken and the time
of day, the existing ambient sound levels from wind, CR 335, and I-70 traffic sometimes already
meet and/or exceed the daytime residential maximum (CRS 25-12-103). Those initial sound
studies reflect that that with proper sound planning and mitigation, such as varying the speaker
intensity, speaker orientation, and the construction of wall/berms/landscaping barriers, outdoor
venues and activities can satisfy all County/State sound level requirements—which of course will
be an overarching obligation for any activity or use. (Please refer to the attached Impact Analysis
Report and Sound Modeling and Testing Report for details.)
Per the proposed PUD, any large uses, events, or activities will be considered a Nutrient Farm
Event and may include some appropriate Temporary Uses and Structures for the events/activities
(i.e., ticket counters, check-in tents, water stations, bleachers, directional signs, etc.). For any
Nutrient Farm Event with an expected attendance of 350 or more guests, the Temporary Parking
Plan will be implemented to safely bring guests to and from the event and ensure that emergency
services can reach the event/activity, if needed. The Temporary Parking Plan calls for traffic
control supervision at the property and CR 335 and at the CR 335/Bruce Road intersections per
the recommendations of the Level III Traffic Impact Study. (Please refer to the PUD Guide for
Narrative – Nutrient Farm Planned Unit Development 26 | Page
details.) Visitor accommodations, rather minor in scope and scale, include a lodge, Health and
Wellness Retreat, and a campground providing a full range of camping options are provided. The
Health and Wellness Retreat will offer a variety of holistic, multi-disciplinary health services and
activities for residents and guests of Nutrient Farm. Nutrient Farm is envisioned as a community
gathering place—providing healthy recreational and entertainment amenities for residents and
guests of the County.
As mentioned above, the existing Riverbend PUD is a complex interchange of older, broadly
scoped planning and contemplated density, of a much higher level, combined with the practical
application of applied density rights in the existing subdivisions. Under these auspices, the original
PUD contemplated no less than 198 residential units. This analysis also does not in any way
contemplate the density implications of the Coal Ridge PUD—where some level of conversion
adds to the density reflected in this analysis.
Under such a minimal baseline, our calculations indicate that there are at the very least 123 units
remaining on the property. The Owner/Developer intends to utilize a maximum of only 18 of those
units. In turn, the Owner/Developer would now only request that no more than 99 units of the
originally allocated density be deemed functionally inactive and simply held in some form of latent
density reserve. This density reserve would serve as a type of insurance policy and does no more
than allow for some future development proposal with a merely base set of latent potential density
if Nutrient Farm should fail or cease to remain viable or functional, etc.—not events we plan on in
any way, shape, or form. Any proposal related to any portion of such a reserve would mandate
application of all requisite LUDC processes and policies. Accordingly, any proposed use of such
latent density would mandate application of all the lofty standards of the LUDC related to any new
development—adequate infrastructure, scope and intensity, development constraints, etc. In other
words, the density bank would merely be utilized as no more than a latent, and contingent
safeguard or fall back option of sorts.
Nevertheless, the density reserve is specifically addressed in the PUD as latent density—in other
words, density that cannot be utilized unless and until a development plan proposing the use of
such density is fully vetted, reviewed and approved by the County at some future point in time per
the standards of both the PUD and the LUDC. Invariably, this would entail a wide array of land
use proposals, including a PUD modification, as well as subdivision and site plan reviews.
Accordingly, all development standards, including infrastructure, water and sewer availability,
access, etc. would have to be thoroughly addressed. Moreover, all necessary studies and reports
will be submitted to Garfield County via each such process, to ensure that all LUDC concerns,
development concerns, and County staff and BOCC concerns are addressed and resolved before
any of the density in the density reserve can be utilized. In summary, the density reserve will
maintain the future potential density, but will not operate as a direct development entitlement
for residential development. (Please refer to the Nutrient Farm PUD Guide and the previous
Background discussion for a detailed analysis of the original PUD density and the existing build -
out.)
Narrative – Nutrient Farm Planned Unit Development 27 | Page
We note that the new residential homes (single-family and ADUs) in Development Areas 1, 3, and
4 are intended to connect to the existing RWSC systems. The RWSC currently serves the nearby
Riverbend homes and is permitted by the Colorado Department of Public Health (“CDPH”) as a
public water supply. It will provide all indoor and outdoor water uses to these lots. RBWS owns
the excess capacity and excess water rights for the RWSC facilities. Thus, RBWS and RWSC have
the ability to provide adequate water supply and wastewater systems to these units and have
indicated their willingness to do so. However, if it is later determined to be physically or financially
unfeasible to connect to these systems, or a formal agreement cannot be reached between RBWS
and RWSC and the Owner/Developer, these units may be relocated to other Development Areas
of Nutrient Farm and served by other means through the applicable development review process
to modify this PUD Guide. All submittal requirements and additional studies shall be provided to
the County for review and approval.
The above descriptions reflect the general conceptual development plan for Nutrient Farm. The
proposed Land Use Table of the PUD Guide contains all possible future uses for the property, just
as the County’s Land Use Table does for each zoning district. Additional County review and
approval is specified for the various land uses, and we understand that there is no guarantee by the
County that these will be allowed and/or constructed by the Owner/Developer. (Please see the
Nutrient Farm Land Use Table and Definitions of the PUD Guide for specifics.) Thus, the PUD
merely preserves the potential for these uses to be proposed, reviewed, approved, and established
in the future, but also serves to facilitate the master vision of Nutrient Farm as a holistic and
integrated operation.
In terms of the potential scale and intensity of Nutrient Farm, the PUD Guide reflects an absolute
ceiling and certainly not a floor in relation to the size of buildings, scope, and intensity of activities
etc. The only way development will ever reach that ceiling in terms of intensity is if Nutrient Farm
succeeds beyond all expectations, and the demand is ever pressing on all such levels. We do not
envision that—although such a scenario could be a great occurrence for the applicant and the
community.
Invariably, this is the conundrum and challenge with any PUD. In a PUD Guide maximums must
be set out, and then analysis and planning for them must be provided. You do not want to come
back with a PUD modification every time you wish to expand, etc. Accordingly, the Water
Adequacy Report for Proposed Development (“Water Adequacy Report”) and the Level III Traffic
Impact Study (“Traffic Impact Study”) that we have conducted contains maximum envisioned
square footages for the various uses/buildings, as well as visitor amounts and vehicle trips. The
shown capacity and square footages reflect the maximum size of the buildings at final build-out if
the demand on such operations mandated the same. Again, we are operating with assumptions
based upon an absolute ceiling, and not in any regard a floor. Fundamentally, to be frank , many
of these buildings are planned and designed to start out on a decidedly smaller scale, with the
potential to possibly expand as needed based on visitor levels. For instance, the restaurant is
articulated in this PUD Guide to be 7,500 square feet at its final build-out but will likely start off
with a design reflecting a fraction of this size and expanded only if needed based on demand and
Narrative – Nutrient Farm Planned Unit Development 28 | Page
needed capacity. Moreover, even in a state of such heightened demand, if the restaurant functions
more efficiently at a smaller capacity/smaller sized structure, that smaller size will be maintained.
As noted, in this regard, the approach to building size and design is quite analogous to the approach
to the PUD in general, as the PUD Guide sets out possible uses that may not be fully established
for a considerable amount of time, if at all; the design allows for expansions only if necessary and
based upon the actual operations once underway. By means of another example, the two
agricultural processing buildings to support Nutrient Farm are designed and planned to be up to a
maximum size of 72,000 square feet each at their final build-out—which again serves as an
absolute ceiling, but certainly not reflective of the functional anticipated baseline. But our analysis
fits in this size and scope just to set that ceiling in an effort to engage in proactive planning.
Moreover, the processing buildings are designed and planned to a size and scale that consolidate
and centralize all of Nutrient Farm’s agricultural processing activities for efficiency, and
minimization of overall impacts and development. From an operational, design, and planning
standpoint, it is much more desirable to have one larger, central focal point of operations rather
than propagating multiple smaller buildings scattered throughout the property that are duplicating
processing efforts. One of the processing buildings will contain the 4,000 square foot Farm Store.
Along these lines, educational tours and product sales may also be housed in these buildings. 2,000
square feet of general office/professional/retail space retail are also planned on the property.
The Health and Wellness Retreat/lodge will contain 12 rooms and the campground will consist of
a total of 67 campsites, cabins, and RV spots. 193 visitors are anticipated for the Adventure Farm,
Adventure Park, and water park; 100 visitors are estimated for the performing arts center; and no
more than 350 are planned for at the music and arts venue area. The camp sites, water park,
performing arts area, and music and arts venue will operate seasonally—for seven months of the
year. At this time, a minimal number of smaller scale monthly events are anticipated at the
performing arts area and music and arts venue. (Please see the Water Adequacy Report and the
Traffic Impact Study for details.) We believe the proposed uses are appropriate for Nutrient Farm.
They will provide a positive community attribute, will be fully compatible with the nearby
residential development and will blend into the natural environment well.
Operative Development Standards
According to the LUDC, and Colorado law, PUDs are meant to allow for greater flexibility in
design, vision, and development beyond the rote standard allowances afforded by the underlying
zoning district. The Nutrient Farm PUD Guide has been carefully designed to create an experiential
agricultural mixed-used community—one which revolves around its Working Farm areas; one
which is compatible not only with the underlying land and topography, but also the adjacent
agrarian and residential uses. Due to the agricultural mixed-use nature of Nutrient Farm, the
proposed Nutrient Farm PUD Guide contains several unique land uses, definitions, development
standards and requirements, and review processes.
Narrative – Nutrient Farm Planned Unit Development 29 | Page
This array of tailored PUD standards is designed to foster the compatible and orderly development
of Nutrient Farm and ensure that each aspect of Nutrient Farm blends in with the surrounding uses,
development pattern, and the natural landscape. The PUD Guide is reflective of the LUDC in terms
of its structure, form, and content, and in fact even incorporates the existing LUDC land uses,
definitions, standards, and requirements whenever viable, with minor modifications to such terms
when necessary to tailor the PUD terms to the actual circumstances anticipated in the Nutrient
Farm community.
For instance, the proposed Nutrient Farm Land Use Table identifies the allowed land uses within
each Development Area and Tract, the required level of review by Garfield County, and specific
PUD Guide or LUDC standards (i.e., Article 7 Standards). Asterisks (*) have been used on the
proposed Land Use Table to indicate a new land use, definition and/or any special requirements
and standards that must be met. (For convenience, the additional text has been shown in blue in
the submittal material.)
In accordance with the structure recommended in the LUDC PUD Plan Guide (6-302.A.4.a.-d.)
and Development Standards (6-401.A.-I.), the proposed Nutrient Farm PUD Guide contains
regulatory elements reflecting the following:
• The permitted uses, density, and housing types;
• The parking, transportation, and circulation systems;
• Recreational amenities, landscaping, and trail standards, and weed mitigation;
• An overall phasing plan for Nutrient Farm;
• Dimensional standards for the future lots; and
• Numerous development regulations for the improvements on them such as minimum lot
size requirements, setbacks, lot coverage limitations, height limitations, parking and
loading standards, lighting regulations, signage allowances, and roadway standards,
utilities, and other infrastructure improvements.
• Although not required, sound standards and Solar Energy Systems standards are included.
We believe the proposed PUD Guide and its various land uses, definitions, and standards are
appropriate and reasonable for Nutrient Farm, and ensure that even the full scope of operations, if
ever realized, will remain compatible with the LUDC and the community standards and
expectations, ameliorate concerns over impacts to adjacent properties and the communities, and
blend into the natural and developed surroundings. The proposed land uses, definitions, and
development standards, including the specific dimensional standards of the PUD Guide, have been
discussed later in detail and analyzed in relation to the various provisions of the LUDC and the
nearby residential land uses. Please see those responses.
Trails and Open Space
As mentioned above, numerous public and private trails, pathways and walkways will be
constructed on the Nutrient Farm property for the use and enjoyment of the public. The general
Narrative – Nutrient Farm Planned Unit Development 30 | Page
location of the LoVa trail is shown on the PUD Plan Map (Exhibit B of the PUD Guide). The
LoVa Trail will run west to east through the property and will provide an important public
recreational and transportation connection between New Castle and Glenwood Springs and
beyond—east into Glenwood Canyon and south into the Roaring Fork Valley.
The LoVa trail will be located within the CR 335 right-of-way and then within a specific, set aside
25 foot public trail easement on the eastern portion of the property and across the Colorado River.
In addition, a public easement area sized to accommodate five parking spaces for LoVa trail users
is anticipated in a parking lot to the south of CR 335 in Development Area 6. This parking lot is
also for guest parking of Nutrient Farm and will be privately owned and maintained by the
Owner/Developer. The five public parking spaces may be relocated to another area near the LoVa
Trail or CR 335 by the Owner/Developer. Over the last few years, we have been working with the
Town of New Castle on the alignment and construction of the LoVa Trail through Nutrient Farm
and have entered into a Memorandum of Understanding (“MOU”) with them for the trail easement
and the parking spaces. We are continuing to work on the details with the Town of New Castle.
The LoVa Trail and all associated trail improvements in the designated easements will be
constructed by others, not by Nutrient Holdings. It is our understanding that the LoVa Trail and
improvements will be built in phases based upon available funding. We stress that due to the
meticulous biodynamic nature of Nutrient Farm, Nutrient Holdings will be providing an approved
materials list, and carry a strong expectation that all use and development related to the Trail ensure
that no materials or techniques will be utilized that might compromise the biodynamic nature of
Nutrient Farm.
Initially, the Trail itself may be constructed as a non-paved primitive trail with the intention of
improving it with a hard surface at a future date. It is the responsibility of the trail constructor to
abide by any applicable Garfield County development standards and obtain any applicable permits
from Garfield County or other entities. The construction, use, maintenance, repair and replacement
of the trail and improvements, such as surfacing, paving, trailhead signs, trailhead kiosks, benches,
landscaping, revegetation, striping, snow and debris removal, and other similar improvements and
activities, will be the responsibility of others—not the Owner/Developer. However, Nutrient
Holdings reserves the right to provide weed mitigation efforts in both the CR 335 right-of-way as
well as the 25 foot public trail easement.
The LoVa Trail, 25 foot public trail easement and five public parking space area easement are
addressed in the PUD but will be implemented via a separate dedication process and accordant
agreements, which will reflect the general conditions under which the easements will be granted,
and the respective use, construction development standards, timing, and maintenance obligations
of the parties. The Owner/Developer intends to grant the easement after review, approval, and
recordation of the PUD Guide.
The private trails within Nutrient Farm are also open to public use (subject to a private user
licensure process) but will be constructed and maintained by the Owner/Developer. No public trail
Narrative – Nutrient Farm Planned Unit Development 31 | Page
easements or land dedications will be provided to the County or other entities for them in relation
to these trails, but there will also be no obligations upon the County or any other public entity. The
trails will provide valuable recreational opportunities for the residents and visitors of Nutrient
Farm. The private trails include access from CR 335 to the Colorado River, trails in the various
Development Areas, and multiple recreational trails on the southern portion of the property and
near the campground area. The trails are intended for non -motorized uses and will be field fitted
based on the topography. (These trails do not include the Outdoor Adventure Parks trails which
are intended for motorized uses.) Over half of the Nutrient Farm PUD property, over 608 acres,
will be designated as private open space that will help preserve scenic mountain views and
important wildlife habitat.
In addition, numerous private parks and fields will be constructed on the property for residents and
guests to enjoy, play, and picnic on. These will be maintained by the Owner/Developer of Nutrient
Farm and are not part of the above private Open Space Tracts.
We believe that with the easements for the LoVa Trail and the five parking spaces south of CR
335, and the designation of over 608 acres of private open space on the property, all future trail
and walkway and/or open space requirements of the LUDC for the property as a whole are met.
Per our proposal, no further trail, walkway, or open space requirements will be required for any
future land use process implementing the allowances of this PUD, and the proposed PUD Guide
indicates this.
Please see the Nutrient Farm PUD Guide for more information on the Trails, Pathways and
Walkways and the LoVa Trail location, construction, and dedication details.
Access, Transportation and Circulation
Nutrient Farm is located south of I-70 and the Colorado River, between Glenwood Springs and
New Castle. CR 335 bisects the property and connects to I-70 via Bruce Road/Exit 105. CR 335
is the only paved access to the property and also serves the surrounding Riverbend residential
subdivisions. However, there is no record of its formal dedication to the County as a right-of-way
within the Nutrient Farm property boundaries. We acknowledge that CR 335 was shown on the
original 1976 Preliminary Map of Riverbend, however, since Riverbend was not fully
developed/platted as planned, this portion of CR 335 was never dedicated. The location of existing
CR 335 lies within a historic, no longer utilized, and for all practical intents abandoned, 80 foot
wide Cattle Drive Easement. The same easement alignment was subsequently dedicated, and
accepted by the County, as an 80 foot wide right-of-way within the various platted Riverbend
Subdivision filings. That easement acceptance reflects the County’s take on the predominant
nature of the right-of-way easement. In complement to the already aligned and dedicated easement
for CR 335 discussed above, per this PUD, an 80 foot right-of-way corresponding to the historic
Cattle Drive Easement for CR 335 and the existing CR 335 dedication, for the stretch within the
property, is shown on the PUD Plan Map. In similar fashion to the LoVa Trail, this right-of-way
will be dedicated to the County after approval of the Nutrient Farm PUD via a separate dedication
Narrative – Nutrient Farm Planned Unit Development 32 | Page
agreement process, and all respective obligations and understandings of the parties reflected
therein. As discussed below, CR 335 will continue to be maintained by the County, and no
improvements to CR 335 are assumed by the Owner/Developer.
CR 335 serves as the legal access to all entrance points of Nutrient Farm from the public highway
system. The proposed Nutrient Farm development has been discussed at length on several
occasions with Wyatt Keesbery, County Road and Bridge Director, who opined that CR 335 is
generally in satisfactory condition without needing major modifications in the near future. Garfield
County issued a Driveway Permit Number: GRB19-D-9 for the Nutrient Farm Road access
location in April 2019.
While CR 335 is the main public thoroughfare to Nutrient Farm, there is an extensive and
functional series of looped roads within the property to foster inter-farm access and circulation. A
Conceptual Access, Circulation and Parking Plan for Nutrient Farm has been attached to the PUD
Guide as Exhibit C. Multiple private streets, roads and driveways will be constructed by Nutrient
Holdings to provide access to various portions of the property and its uses. The Conceptual Access,
Circulation and Parking Plan shows the locations of the 80 foot right-of-way for CR 335 and the
two new 50 foot public rights-of-way that will be constructed and offered for dedication to the
County to serve the new residential lots in Development Areas 1 and 3 adjacent to the Colorado
River. (These roads will only be constructed/dedicated when the residential subdivisions are
constructed.) The three residential lots in Development Areas 4 and 5 will take access off of the
existing Riverbend Drive. All other private streets, roadways, driveways, and associated
improvements in Nutrient Farm will be constructed, owned, and maintained by the
Owner/Developer.
All roads within Nutrient Farm will be designed to provide adequate, safe, and efficient access and
circulation for the property. The proposed road design standards described below will supersede
those of Table 7-107 - Roadway Standards of the LUDC. In an effort to minimize site disturbance
and hard surfaces, and promote water absorption within the property, the private roads within the
PUD will have two 12½ foot gravel travel lanes with a two percent (2%) crown section and two
foot (2’) deep ditches, as necessary. These roads will be designed with a 12 percent (12%)
maximum grade and 80 foot minimum centerline radius, and shoulders and ditches will only be
used in select locations, as needed. Speed limits will be posted on-site and will be less than the
design speed based on American Association of State Highway and Transportation Officials
(“AASHTO”) criteria. Nutrient Farm anticipates a maximum posted speed limit of 25 miles per
hour within the PUD property. We realize that gravel roads require continuous maintenance, so
concrete or some other permanent hardscape surface may be needed in the future for some of these
private roads, or portions of them, due to heavy traffic or turning movements (i.e., the area around
the processing building). Thus, such areas may be paved in the future at the discretion of Nutrient
Farm. Any necessary County approval for the surfacing will be obtained.
The two forthcoming 50 foot rights-of-way to serve residential Areas 1 and 3 will also be
constructed to these Nutrient Farm design specifications. The internal agricultural access roads in
Narrative – Nutrient Farm Planned Unit Development 33 | Page
and around the farm areas will be unimproved, natural earth, or gravel as warranted with use. No
design standards are proposed for them as they are strictly for agricultural purposes and no public
vehicles will be allowed on them. All Campground/Recreational Vehicle (“RV”) Park parking and
circulation will meet the regulations of 7-905 of the LUDC and those of the Colorado Department
of Public Health and Environment, Division of Environmental Health and Sustainability, contained
in 6 Code of Colorado Regulations 1010-9 concerning Campgrounds and Recreational Areas.
As shown on the Plan, Nutrient Farm Road will be constructed to intersect CR 335 and will run to
the north and south as the main accesses to the Working Farm – West and its uses. This road loops
to the west and then re-connects with CR 335. Multiple roads will be constructed to the south of
these to serve the western portion of the property, the Outdoor Adventure Parks, performing
arts/music and arts venue area, campground, and the Health and Wellness Retreat in Development
Area 8, and the commercial/industrial activities in Development Area 7. To the east of the new
Nutrient Farm Road, an existing residential driveway, Coal Ridge Lane, cuts through the property
from CR 335. It serves an off-site single-family home and an access easement has been granted
for it. The existing Farm House will connect to this driveway and also utilize it for primary access
to CR 335. Storm King Road in the adjacent Riverbend Subdivision Filing No. 2 extends into the
property and serves as the existing driveway connection for the Farm House. This will only be
used by the Owner/Developer for direct access to and from the Farm House to the eastern Working
Farm, not as an alternative public throughway for everyday use. Should the fire department or
emergency services need it, the driveway may also serve as emergency access from Storm King
Road to CR 335. The three residential lots furthest to the east in Development Areas 4 and 5 will
take access off of the existing Riverbend Drive. Two additional roads will be constructed to serve
the residential lots adjacent to the Colorado River in Development Areas 1 and 3. As previously
mentioned, these roads will be constructed by the Owner/Developer and dedicated to the County.
A Colorado Department of Transportation (“CDOT”) Level III Traffic Impact Study has been
prepared by SGM for the Nutrient Farm PUD in accordance with LUDC section 4-203.L. submittal
requirements for a detailed traffic study. It evaluates the existing background traffic and the
projected vehicle trips generated from Nutrient Farm in both the immediate and 20-year planning
horizon. The Traffic Impact Study concludes that the existing roadway system will continue to
operate safely and at an acceptable level of service with the full development of Nutrient Farm. As
the Traffic Impact Study recommends, all new road intersections will be designed with acceptable
site distances based on 35 mph design (450 feet), site triangles will be developed and maintained
as clear zones, and Uniform Traffic Control or Certified Traffic Control supervision will be
implemented at the CR 335/Bruce Road intersection and at event accesses on the property from
CR 335 to help provide safe operations during the peak entry/exit periods of the entertainment/
music and arts venues or any other Nutrient Farm Events with an expected attendance of 350 guests
or more. (The Traffic Impact Study noted that this is not required for the CR 335/Bruce Road
intersection to operate adequately—rather, the additional traffic control would only help to provide
more organized operations during these times due to the variable nature of peak flow rates for such
events.) Based on the full build-out of Nutrient Farm, the CR 335 estimated 2040 total traffic
volume is 2,300 vehicle trips per day (“vpd”) east of Park Drive and 2,800 vpd west of Park Drive.
Narrative – Nutrient Farm Planned Unit Development 34 | Page
The vpd west of Park Drive will exceed Minor Collector standards. (The LUDC calls for Major
Collector standards at rates greater than 2501 vpd.) Thus, if the actual scope of development for
Nutrient Farm is realized, future shoulder widening west of Park Drive to Bruce Road could bring
CR 335 up to County Major Collector roadway standards.
The ultimate projected traffic volumes from Nutrient Farm on Bruce Road at the Colorado River
bridge do warrant a new CDOT Access Permit. The new CDOT Access Permit will be applied for
in connection with this PUD. Also, as per section 4-203.L.4., estimated calculations of the potential
future public road improvement fees in the corridor have been provided. Actual road improvement
fees will be determined at the time of development according to the LUDC, as stated in the
Development Agreement. We note that the traffic impact fees could be used for any potential
necessary future widening of CR 335.
We want to expressly acknowledge that the above referenced Traffic Impact Study does not
consider any of the 99 units of reserved density or any On-Site Employee Housing or Bunkhouse
dwelling units on the property. As noted, the density reserve is planned as no more than latent
density at this point, per the proposed PUD, rather than an entitlement, and thus subject to the
scrutiny of multiple levels of land use review and approval before it can be employed in any
manner. Thus, as the Traffic Impact Study reflects, there is no rationale for including it in the
analysis provided. The same manner of consideration is applied to the Employee
Housing/Bunkhouses, though arguably such housing will lessen traffic impacts by ensuring
employees are located right on the site of their employment.
Water and Wastewater Systems
Water
A Water Adequacy Report for Proposed Development has been prepared by SGM that analyzes
the existing legal water rights, physical supply, the estimated water demands for the various uses
on the property, and the proposed water systems. (Please refer to the Water Adequacy Report and
copies of the existing water rights for details.) No County or municipal water or wastewater
services are sought. Proposed Residential Areas 1, 3, and 4 have been placed near the existing
Riverbend Subdivisions and are planned to connect to the RWSC facilities. RBWS owns the excess
capacity and excess water rights for the RWSC. RBWS and RWSC have indicated capacity and
willingness for these residential lots to connect to the systems and have written a Will Serve Letter
indicating this. (Besides line extension, the only proposed upgrade is adding more potable storage
adjacent to the existing tanks.) Invariably, the exact details of such connection to service and the
final decision to connect is deferred to the point of subdivision.
Given the other proposed uses are an unmanageable distance away from the central Riverbend
systems, and are of a nature which are outside of the domestic use function of the RWSC, Nutrient
Farm plans to maximize its self-sufficiency by developing its own internal water and waste water
facilities for the rest of the uses—the Farm House in Area 2, the new residential lot in Development
Area 5, the two farm areas, the Commercial/Industrial Development Area, and for all of the
Narrative – Nutrient Farm Planned Unit Development 35 | Page
Outdoor Adventure Parks activities. (For further details, please see the Nutrient Farm Central
Water Distribution and Wastewater System Report, OWTS Engineering Report, and the Water
and Sewer Plan that have also been included in the submittal package.)
Water rights to the Vulcan Ditch and the Coal Ridge Pump and Pipeline were included in the
purchase of the Nutrient Farm property. These considerable water rights allow for year-round
municipal, commercial, industrial, domestic, sewage treatment, irrigation, recreational, fish
wildlife propagation, and “…all other beneficial purposes, including storage for each of the above
purposes.” (Water Adequacy Report, page 18.) The Vulcan Ditch has historically provided
irrigation water to the property from Canyon Creek and will continue to do so. Surface water from
the Vulcan Ditch will be routed to settling ponds, and then filtered and treated to supply potable
water to the existing Farm House in Area 2, to the Working Farms, and to the recreational and
commercial/industrial activities in Development Areas 7 and 8. Generally, the water will be
filtered and sanitized using state-of-the-art natural and holistic methods including sediment, ion-
exchange, charcoal, reverse-osmosis, distillation, ozone and ultraviolet. No sodium fluoride
silicofluorides, hydrofluorosilicic acid, sodium fluorosilicate or other forms of fluoride will be
added to the water systems. The ultimate water systems’ design and treatment requirements will
depend on the water systems’ designation—public or private for the various uses, and inevitably
all local and State required drinking water and water quality and quantity standards will be
followed and exceeded.
The intent is to start with private on-site systems and then convert to public water systems as
needed when required operationally. The Vulcan Ditch water supply will also serve all outdoor
uses such as agricultural crop and livestock watering, landscaping, sound mitigation landscaping,
open space areas, grass fields, recreational ponds and the construction of any animal water ponds
in cooperation with the Colorado Parks and Wildlife (“CPW”). A new well will be constructed to
serve the residential lot/home in the Working Farm – East, or the home may derive a water
connection from the Vulcan Ditch pipeline.
The new residential homes (single-family and ADUs) in Development Areas 1, 3, and 4 are
planned and designed to connect to the existing RWSC facilities. The RWSC currently serves the
nearby Riverbend homes, and has a complete water treatment, distribution, and storage system in
place that is already permitted as a public water supply. RBWS owns the excess capacity and
excess water rights for the RWSC. The RWSC will provide all indoor and outdoor water use to
these Areas through their potable water system. Initial assessment of the RBWS and RWSC water
rights show that it has sufficient water to supply the 17 lots in Areas 1, 3, and 4. (Please refer to
the SGM reports for details.) As already noted, both RBWS and RWSC have indicated their
willingness and ability to serve these lots. Adding these lots to the existing system can in fact assist
that system in its long term viability and operations.
Full buildout demands and consumptive use (annual consumption, average day demand, maximum
day demand, peak hour demand, etc.) for Nutrient Farm were calculated per section 4 -203.M. of
the LUDC and provided in the Water Adequacy Report. The legal supply and physical supply of
water from the Vulcan Ditch and the RWSC system were analyzed in relation to the proposed uses
and found to be sufficient. The Water Adequacy Report states, “Legal supply is discussed for the
Vulcan Ditch and for the Riverbend system. Based on a comparison of the Farm’s water rights to
Narrative – Nutrient Farm Planned Unit Development 36 | Page
anticipated demands and consumptive use, the Farm’s legal supply is sufficient.” (Water Adequacy
Report, page 18.) “Physical water supply is discussed for each of the two proposed sources: the
Vulcan Ditch which will serve Areas 2, 5, 6, 7 and 8, and the Riverbend System which will serve
Areas 1, 3, and 4. Based on the analysis of stream flow, the Farm’s Vulcan Ditch physical supply
can support anticipated demands. Based on the analysis of stream flow and hydrogeology near the
Riverbend Wells, there is sufficient supply to support the additional demands to the Riverbend
System from Areas 1, 3, and 4.” (Water Adequacy Report, page 21.)
The peak hour demand for the Farm during irrigation season is estimated, based on County peaking
factors, at 8.7 cfs, which includes non-potable demand for farm irrigation operations, and thus
fully within the scope of the Farm’s legal ownership of 8.93 cfs in the Vulcan Ditch. The peak
hour demand on the Farm’s potable system for Areas 2 and 5–8 is estimated at 0.24 cfs. The Farm’s
potable treatment, storage and distribution systems will be designed to accommodate this peak
hour demand. (Water Adequacy Report, page 28; described fully in the Central Water and
Distribution and Wastewater Systems Report.)
None of the 99 units of reserved residential density or any On-Site Employee Housing or
Bunkhouse dwelling units have been included in the Water Adequacy Report’s analysis. As with
traffic and other review elements, these potential uses are no more than latent at this point in time,
and any proposal related to the same will have to address these issues fully and independently of
the analysis behind this PUD proposal.
Wastewater
Similarly, wastewater disposal systems will be provided to the various land uses within the
Nutrient Farm PUD in a number of ways. Residential uses in Development Areas 1, 3, and 4 will
connect to the existing RWSC facilities. The residential uses in Development Area 2 will continue
to utilize a fully functional private OWTS. All other uses within the remaining Development Areas
will utilize individual wastewater treatment systems designed specifically for the land use they are
to serve, which offer ample capacity and function to accommodate existing uses and any future
expansion in scope and use. All wastewater systems will be designed per applicable County
regulations and State standards, and all formal measures to ensure sewer service to the property
and its development will be provided in accordance with the LUDC and all applicable State laws
and regulations. (Please refer to the Central Water Distribution and Wastewater Systems Report,
OWTS Engineering Report, and the Water and Sewer Plan for details.)
As mentioned above, the intent is to connect the new residences in Areas 1, 3, and 4 to the
Riverbend systems, and the RBWS and RWSC have indicated their willingness and ability to serve
the new homes. A Will Serve Letter has been provided, and again, final connection details will be
made at the time of subdivision. However, if it is determined to be physically or financially
unfeasible to connect to those systems, or a formal agreement cannot be reached between the
Owner/Developer and RBWS and RWSC, then these areas of residential development may need
to be reconfigured, redesigned, and possibly relocated to facilitate service by other legally
authorized means. Of course, the applicable development review process to do so will be followed
and additional system studies will be provided to the County for review and approval.
Narrative – Nutrient Farm Planned Unit Development 37 | Page
As with the water analysis, none of the 99 units of reserved residential density nor any of the On-
Site Employee Housing or Bunkhouse dwelling units been included in the sewer analysis.
Development Agreement and Phasing
The Nutrient Farm PUD contains a large amount of land and many possible land uses.
Development of the Nutrient Farm property is planned to take place in three phases over
approximately nine years. Nutrient Holdings intends to enter into a Development Agreement
(“Agreement”) concurrently with this PUD request with Garfield County to provide details
allowing for the phased land development of Nutrient Farm with an extended vesting rights period,
and to memorialize other miscellaneous development details.
The proposed Development Agreement has been prepared according to LUDC section 4-203.J.
and has been included in this submittal package. We will be glad to work with the County to
modify this Agreement as needed. Of course, this Agreement is not a part of the actual PUD and
serves as a stand-alone document, in accordance with Colorado law.
Table 2 – Land Use Table of the PUD Guide contains all of the possible land uses for Nutrient
Farm. We note that not all of these may be constructed or implemented by the Owner/Developer
for one reason or another. The primary focus of Nutrient Farm is the Working Farm areas—and
all of the Agricultural and Animal Related Uses and accessory activities related to them. Thus, the
proposed Phasing Plan attached to the Development Agreement illustrates the Owner/Developer’s
plans for the property, but it must be understood that the development schedule may be modified,
based on the specific requirements of the land uses proposed, the economy, and other factors that
will help determine the progression of development. In general, Nutrient Farm will be developed
in the following three phases:
Phase 1: East and West Working Farms and Development Area 3 Agricultural and Animal Related
Uses, agricultural accessory/retail, and Agricultural Products, Processing, Storage, Distribution
Area Name/Use Phase 1 Phase 2 Phase 3
2023 2024 2025 2026 2027 2028 2029 2030 2031
1 Residential Subdivision
(5 Lots)
X X X X X X
2 Residential Subdivision
(1 Lot)
X X
3 Residential Subdivision (10
Lots)/Solar Energy Systems
X X X X X X X X
4 Residential Subdivision
(2 Lots)
X X X X X X
5 Working Farm – East/Solar
Energy Systems (1 Residential
Lot)
X X X X X X
6 Working Farm – West/Solar
Energy Systems
X X X X X X X X X
7 Commercial/Industrial Park X X X X X X
8 Outdoor Adventure Parks X X X X X X X X
Narrative – Nutrient Farm Planned Unit Development 38 | Page
and Sale at Point of Production, Agricultural Products, Processing, Storage, Distribution and Sale
Off-site improvements, and Solar Energy Systems; Development of Area 2’s residence; and
commencement of the Outdoor Adventure Parks improvements. The construction of the Farms
irrigation systems, associated accesses, parking, utilities, and infrastructure improvements will be
constructed in association with the buildings/structures in these Areas.
Phase 2: Continuation of East and West Working Farms and Development Area 3 Agricultural and
Animal Related Uses, agricultural accessory/retail, Agricultural Products, Processing, Storage,
Distribution and Sale at Point of Production, Agricultural Products, Processing, Storage,
Distribution and Sale Off-site improvements, and Solar Energy Systems; continuation of the
Outdoor Adventure Parks improvements; beginning of Commercial/Industrial Park improvements;
and commencement of construction of five residential lots in Area 1, two residential lots in Area
4, and one residential lot in Area 5 subdivisions. Notwithstanding the forgoing, one of the
residential lots in Area 4 or 5 may be developed with a residence in Phase 1 to house the Nutrient
Farm ranch manager and/or employees, if needed.
Phase 3: Continuation of Commercial/Industrial Park and Outdoor Adventure Parks
improvements, and Solar Energy Systems in Development Areas 6 and 3; continuation of Area 1
five residential lots; development of up to ten residential lots in Development Area 3; and
continuation of development of Area 4 two residential lots.
Improvements to the Vulcan Ditch agricultural irrigation system and weed mitigation have already
begun across the property per the terms of the Weed Management Plan and will continue once the
PUD is recorded. (Please refer to the Vulcan Ditch and the Nutrient Farm PUD Reclamation Plans
and the Weed Management Plan that have been included in this submittal package.) As each phase
begins and each building or improvement is constructed, associated access, parking, utility, and
infrastructure improvements will be installed. Reclamation, revegetation, and landscaping will be
installed per the terms of the PUD Guide in order to create visual harmony and community
character for Nutrient Farm.
Similarly, the private trails will be constructed in association with the development of each Area
they are on, or earlier at the discretion of the Owner/Developer. As mentioned before, the public
LoVa Trail will be constructed and maintained by others, not by the Owner/Developer. All private
trails in Nutrient Farm will be constructed and maintained by Nutrient Holdings unless an
alternative approach is finalized with any local entities, quasi-governmental entities, or non-profit
entities. Nonetheless, any such alternative will be handled completely outside of this PUD
application. The installation and maintenance of irrigation and infrastructure systems, and the
implementation of the Weed Management Plan are on-going operational improvements across the
entirety of Nutrient Farm and may be implemented at any phase.
The above general 1-3 Phasing Plan descriptions are included within the PUD Guide, however,
the Development Agreement and accompanying Phasing Plan will not be attached to the Nutrient
Farm PUD Guide but recorded separately with the Garfield County Clerk and Recorder. Any minor
modification to the Development Agreement and/or the attached Phasing Plan shall not implicate
the regulatory structure of the Nutrient Farm PUD nor require a Substantial modification to the
Narrative – Nutrient Farm Planned Unit Development 39 | Page
PUD.
Conclusion – a. General project concept and purpose of the request
We are confident that Nutrient Farm, as proposed via this PUD process, will prove to be an asset
to the community and a highly beneficial and productive use of the land while minimizing any
impacts to adjacent areas. The Nutrient Farm PUD will replace the existing Coal Ridge and
Riverbend PUDs, via the revocation of the Coal Ridge PUD and an amendment to the Riverbend
PUD, with a new PUD for the property revolving around a sustainable working biodynamic farm
with agricultural, residential, and associated tourist-related recreational and commercial activities.
Nutrient Farm will help to promote local agriculture and the rural mountain character of the
Colorado River Valley—elements that the County has already identified as important community
attributes. Nutrient Farm, by means of its very mission and identity, will provide a variety of
agricultural, health, recreational, and economic benefits to the County and its residents and visitors.
b. Explanation of how the PUD is in general conformance with the Comprehensive
Plan;
The proposed Nutrient Farm PUD addresses many of the needs, goals, polices, and
strategies/actions identified in the Comprehensive Plan 2030.
Nutrient Farm is a mixed-use community revolving around a working farm with agricultural,
residential, and tourist-oriented educational, recreational, and commercial activities. With its
unique focus on sustainable organic and biodynamic farming practices, Nutrient Farm will help
preserve agricultural land and the rural mountain character of the Colorado River Valley that have
been identified as important community qualities, while also helping to diversify the economy.
Stable seasonal and year-round jobs in the agricultural, tourism, and retail/commercial areas
related to the same will be created. In addition to the new jobs, single-family residential lots, ADUs
and On-Site Employee Housing/Bunkhouses will be located within Nutrient Farm.
As far as we can surmise, Nutrient Farm as proposed will be the first operation of this nature in
the area, and thus will help diversify the County’s economy, provide a variety of on -site housing
options, and offer numerous public and private recreational opportunities to the residents and
guests of the County. Nutrient Farm’s agricultural practices, energy systems, and utilities will be
sensitive to the land by utilizing sustainable ecological practices—and thereby offer a unique
attraction in the County by promoting healthy agricultural, educational, and recreational and
commercial related amenities—“agritourism.” With opportunities to play and connect in an
outdoor agricultural environment, Nutrient Farm will help to improve the overall quality of life for
its residents and guests. Nutrient Farm will provide local families and guests a chance to visit a
working farm and engage in its activities. Healthy food and recreational options—a restaurant,
Farm Store, Health and Wellness Retreat, spa, arts, and entertainment will be provided. Nutrient
Farm will be a benefit to the entire County.
Narrative – Nutrient Farm Planned Unit Development 40 | Page
In terms of the development pattern, Nutrient Farm is essentially an infill development. Residential
development exists to the east and west of the property, and the area has been planned for
development since the early 1970’s. The property has already been zoned for residential, mining,
and heavy industrial activities with the existing Riverbend and Coal Ridge PUDs. The two PUDs
will be replaced with a new agricultural mixed-use PUD which is a much more compatible and
sensitive development than that which is currently allowed. Implementing this change will remove
the potential for highly impactful industrial uses in an area that is not best suited for it, given its
rural feel, adjacent residential uses, and the Colorado River literally running on the property.
Thus, we believe that the Nutrient Farm PUD request is in general conformance with the
Comprehensive Plan 2030. It addresses many of the visions, issues, goals, polices, and
strategies/actions identified in the Comprehensive Plan’s ten Plan Elements. The following is a
discussion of the Nutrient Farm PUD request in relation to each of the ten Plan Elements.
Section 1 – Urban Growth Areas and Intergovernmental Coordination
Garfield County contains approximately 3,000 square miles of land, and like the entire state of
Colorado, its population is growing rapidly. With growth comes the demand for urban-type
services which is not feasible and/or cost-effective for the County to provide. The Comprehensive
Plan notes that there are approximately 2,400 vacant subdivided lots within the County and that
growth should occur in areas that have, or can easily be served, by urban services. The
Comprehensive Plan designates Urban Growth Areas (“UGAs”) around the County’s
municipalities where public service and infrastructure can be provided by the municipalities.
Coordination and communication between the County and its municipalities in land use decisions
are included as some of the main goals.
The Nutrient Farm area has been planned for development since the early 1970’s and is already
zoned with two PUDs that allow for residential, mining, and associated heavy industrial uses. The
County’s Zoning Map reflects this with the PUD zoning designation. The Comprehensive Plan’s
Future Land Use Map shows the northern, southern, eastern, and a portion of the central area of
the property as Residential Medium High Density (2-6 acres per dwelling unit) and the remaining
central and north-western portions to be within the New Castle UGA. Although it is within the
Town’s UGA, it is not contiguous to the Town boundary as there are intervening private properties.
(The Nutrient Farm property is not shown on the Zoning District Map for the Town of New Castle.)
As noted, based upon the existing allowances for the property, Nutrient Farm may be deemed infill
development with adequate access, infrastructure, and utilities nearby to serve it. Nonetheless, the
nature of the Nutrient Farm development proposed also ensures that a functional greenspace in a
prominent location just outside of the Town of New Castle, and close to Glenwood Springs, will
be preserved in a more natural agrarian state. The fact that Nutrient Farm can serve as both infill
and greenspace, while also eliminating the potential for highly impactful uses, underscores the
importance and positive nature of this PUD proposal.
Narrative – Nutrient Farm Planned Unit Development 41 | Page
As previously discussed, Nutrient Farm will be primarily self-sufficient. No road or infrastructure
improvements from the County or the Town of New Castle are needed. All private streets,
roadways, driveways, and associated improvements on the property will be constructed and
maintained by Owner/Developer. Water and sewer services will be provided via private facilities
in a variety of ways—either connecting to the nearby RWSC systems or through the construction
of multiple on-site systems.
As required by the Comprehensive Plan, we have met with staff from the Town of New Castle
twice regarding this project. (First, with the former Planning Director then with Paul Smith,
Planning Director, and David Reynolds, Town Administrator.) The Town is generally supportive
of the project and is not interested in annexing the property. Staff did have questions about some
of the uses, potential additional vehicle trips, the provision of water and sewer to the property, and
the general scope and timing of development. At this juncture, we are committed to working
through the specific details with the Town once the formal PUD proposal is submitted to ensure
that any particular concerns or issues from the Town are specifically addressed, and we are
confident that we can do so in effective and collaborative fashion. We understand and appreciate
that this is not an inimical element of the overall PUD process and look forward to working with
the Town accordingly.
We also have been working with the Town of New Castle as the lead entity on the possibility of
extending the LoVa Trail through the property. The LoVa Trail provides an important east-west
connection along the Colorado River not only as a recreational benefit but also a transportation
benefit. The planned LoVa Trail is intended to connect New Castle to Glenwood Springs and
beyond—to the Glenwood Canyon trail to the east or to the Rio Grande Trail south through the
Roaring Fork Valley into Aspen. The LoVa Trail offers an alternative mode and transportation
route—providing a healthy alternative for both its users and the environment.
Thus, we believe the following applicable Goals, Policies and Strategies/Actions of Section 1 –
Urban Growth Areas and Intergovernmental Coordination are met:
Goals:
1. Increase coordination and communication between the municipalities and the county.
2. Encourage future development requiring urban services to be located in areas where these
services are or can readily be made available.
3. Ensure that county land use policies and development approvals are compatible with the
existing zoning and future land use objectives of the appropriate municipality.
4. Retain rural character outside of UGA limits.
Policies:
1. Within defined UGAs, the County Comprehensive Plan, land use code revisions, and individual
projects, will be consistent with local municipal and use plans and policies.
3. Development within an UGA will have land use and street patterns that are compatible with
the affected municipality.
Narrative – Nutrient Farm Planned Unit Development 42 | Page
4. Within a locally planned UGA, development applicants will be required to obtain project
review comments from the local community prior to submitting for county review. The process
should be defined in an executed IGA.
Strategies/Actions:
7. Work cooperatively within the region on issues that transcend political boundaries such as
housing, transit and economic development.
Section 2 – Housing
A diverse range of housing options is important to the overall health, economy, and vibrancy of
Garfield County. Homes for locals are especially important since residents are the backbone of the
community—from running businesses and providing services to other residents and guests, to
volunteering their time and serving on the many committees and boards in the community. Thus,
the County encourages new residential development in the Roaring Fork Valley to provide
affordable housing within it. Nutrient Farm is not located within that portion of the County required
to do so, but will provide a variety of housing options within its boundaries.
The Greater Roaring Fork Regional Housing Study that was prepared in April 2019 found the
region to have an approximate 4,000 residential unit shortfall. This includes about 1,900 units for
the “missing middle”—households making between 100%-160% of the Area Median Income
(“AMI”) and approximately 2,100 units for households at 60% and less of AMI. The
Comprehensive Plan notes a jobs/housing imbalance within Garfield County—a large job base
exists in the Roaring Fork Valley, but the most affordable housing is in the western portion of the
Colorado River Valley, which results in significant commuting and traffic/congestion impacts.
We fully appreciate that, as a potential significant employer in the future, in order to attract and
keep valuable employees, it is important to provide housing for them. Although not required by
the LUDC, on-site housing for employees working on the Nutrient Farm property is planned.
Employee Housing and Bunkhouse units will be allowed on the southern and western portions of
the property in Areas 5-8. In addition, 18 new residential lots in Areas 1, 3-5 are future homes that
will be similar in size and scale to the existing nearby Riverbend homes designed to accommodate
the “missing middle” or employees and residents of Nutrient Farm. In addition, ADUs will be
allowed on each of the single-family lots—thereby creating additional housing options in the area
as well as generating income for the owners of the main residence which they are associated with.
Creating jobs and housing on-site will help reduce traffic congestion, air pollution, and vehicle
and road wear and tear. Thus, the Nutrient Farm PUD will bring back the original agricultural and
residential vision for the Riverbend PUD and help retain the rural character of the County inside
and outside of the UGA.
We believe Nutrient Farm meets the following applicable Goals, Policies, and Strategies/Actions
of Section 2 – Housing:
Narrative – Nutrient Farm Planned Unit Development 43 | Page
Vision: Garfield County has encouraged a diverse stock of housing available to a variety of
incomes and requires new residential development to provide a portion of affordable housing.
Housing is located near existing infrastructure and amenities so that families can live, work and
play in their communities.
Goals:
1. To bring about a range of housing types, costs and tenancy options, that ensure for our current
and future residents affordable housing opportunities in safe, efficient residential structures.
Policies:
2. Accessory Dwelling Units are included within the overall land use density as described in the
Land Use Table shown on the Future Land Use Map.
5. Encourage provision of affordable housing closer to where jobs are located.
Strategies/Actions:
2. Encourage development within Urban Growth Areas that can best provide affordable living.
Section 3 – Transportation
A multi-modal transportation network is integral to the success of a community. As mentioned
above, there is no record of CR 335’s formal dedication to the County as a right-of-way within the
Nutrient Farm property boundaries. CR 335 was most likely intended for dedication to the County
for public use, but because the PUD was never fully developed, that portion of CR 335 in the
property was never dedicated to the County on any subdivision plat or through any other
instrument. Thus, an 80 foot right-of-way for CR 335 within the property is shown on the PUD
Plan Map and will be dedicated to the County via a separate document after the review and
approval of the Nutrient Farm PUD and the details of the dedication are finalized with the County.
Further, a Conceptual Access, Circulation and Parking Plan for Nutrient Farm has been attached
as Exhibit C to the PUD Guide. Multiple public and private streets, roads and driveways will be
constructed by the Owner/Developer to provide access to various portions of the property and its
uses. Nutrient Farm Road will connect to CR 335 and serve as the major access into Nutrient Farm.
This road loops internally on-site to allow for the safe and efficient movement of guests to the
different Areas of Nutrient Farm. As mentioned before, a Traffic Impact Study has been prepared
by SGM which evaluates the existing background traffic and the projected vehicle trips generated
from Nutrient Farm in both the immediate and 20-year planning horizon, and concludes that the
roadway system will continue to operate safely and at an acceptable level of service with the
development of Nutrient Farm. CR 335 is currently designated as a Minor Collector. Should
Nutrient Farm build out to full capacity, shoulders may need to be added to CR 335 in order to
meet the County’s Major Collector design standards. Of course, that entire issue is speculative at
this juncture, and will be addressed in advance well before full build out. Actual road improvement
fees will be determined at the time of development per the LUDC. (As noted before, the Traffic
Impact Study does not include any of the 100 unit of reserve density or any On-Site Employee
Housing or Bunkhouse dwelling units on the property. The Traffic Impact Study will be updated
for County review/approval should any of these unit seek to be constructed.)
Narrative – Nutrient Farm Planned Unit Development 44 | Page
We believe the planned LoVa Trail is also an important public transportation system connecting
New Castle to Glenwood Springs and beyond. The LoVa Trail offers an alternative mode of
transportation and an alternative transportation route—providing a healthy alternative for both its
users and the environment.
(Please also refer to the Traffic Impact Study, the PUD Guide, and the previous responses to
General project concept and purpose of the request for details on the public and private roadways
planned for Nutrient Farm.)
Thus, we believe the following of Section 3 – Transportation are met by the Nutrient Farm PUD:
Goals:
1. Ensure county roads are constructed and maintained on a safe and fiscally sustainable basis.
2. Support public transit services as well as alternative modes of transportation, when and where
feasible.
Policies:
1. Garfield County will participate and cooperate with regional/statewide transportation
planning to promote access to all available modes for County residents.
Strategies/Actions:
1. Assure the interconnectivity of the county roadway system, to provide multiple routes to reduce
congestion and provide for emergency access.
7. Explore mechanisms for the county to address increased traffic from new development.
Section 4 – Economics, Employment and Tourism
Garfield County has a diverse economy, and according to the Comprehensive Plan 2030, the
majority of its residents are employed in the construction, retail sales, mining (oil/gas), and
accommodation (food/tourism) industries. Tourism based commercial activities are seen as a
means of diversifying the economy and are encouraged. Per page 50 of the Comprehensive Plan
2030:
The growth of tourism in Garfield County continues to diversify the County economy. Tourism
based commercial activities are an important part of the commercial economic sector, and tourism
based employment provides jobs for Garfield County residents.
Nutrient Farm is a mixed-use development revolving around a sustainable working farm with
agricultural, residential, and commercial tourist oriented educational, recreational, and
entertainment activities supporting it. Nutrient Farm will help to bring back agricultural land and
the rural character of the County that have been identified as important community attributes and
help diversify the economy by providing stable seasonal and year-round jobs in the agricultural
and tourist related recreational/entertainment and commercial areas. Nutrient Farm will be a rather
self-sufficient development—not requiring any costly extension of infrastructure or other utilities
by the County or the Town of New Castle.
Narrative – Nutrient Farm Planned Unit Development 45 | Page
Nutrient Farm will not take away from the larger existing commercial centers in the County.
Instead, Nutrient Farm will complement the existing amenities in the Valley by providing unique
experiences that otherwise require a large amount of land that is not generally available in the
nearby existing commercial centers. Agriculturally oriented retail/commercial business functions
such as the Farm Store, Bakery, and restaurant will sell products and other goods produced and/or
processed on-site. The Health and Wellness Retreat will offer a variety of health and wellness
services to its guests, and a full range of lodging accommodations will also be available on-site in
the Health and Wellness Retreat and campground areas.
In addition to the long range year-round and seasonal jobs that will be created, Nutrient Farm will
also generate short term jobs revolving around the design and construction of the future
agricultural, infrastructure, and building improvements on-site.
Nutrient Farm has been carefully laid out to be compatible with the adjacent land uses and blend
into the natural environment. Nutrient Farm will bring back the agricultural focus of the original
Riverbend PUD and the rural open space nature of the County. With its focus on sustainability,
the environment’s natural resources will be protected. Open space and wildlife habitat will be
preserved, and numerous public and private trails and a variety of other recreational opportunities
will be provided. Thus, Nutrient Farm is a well-rounded mixed-use development that will offer a
variety of economic, recreational, and environmental benefits to the County. We believe the
following Vision, Goals, Policies, and Strategies/Actions of Section 4 – Economics, Employment
and Tourism are well met with the Nutrient Farm PUD proposal:
Vision:…Mixed-use residential and commercial development has been encouraged and the County
has required developments to pay a fair share of its impacts.
Goals:
1. Maintain a strong and diverse economic base (for both employment and income generation).
Policies:
1. Garfield County will encourage the retention and expansion of modest, viable commercial uses
that meet the convenience shopping needs of County residents.
6. The county recognizes that the tourism industry is an important part of the regional economy
and the County recognizes that the tourism industry is enhanced by (1) open space and scenic
vistas (2) public trails and other recreational opportunities (3) public access to public lands
(4) a healthy environment and habitats for hunting and fishing (5) green belts and open area
between communities (6) clean air and water (7) local foods and local produce.
Strategies/Actions:
5. Where appropriate, encourage diverse tourism related development in order to sustain it as
an economic and employment base in Garfield county.
6. Ensure that tourism development is compatible with adjacent land uses and preserves the
natural environment of the county.
Narrative – Nutrient Farm Planned Unit Development 46 | Page
7. Encourage commercial/tourism development in areas where existing infrastructure
(water/wastewater facilities) are currently available and where affordable housing is
convenient.
Section 5 – Recreation, Open Space and Trails
Open space and recreational opportunities are important to the health of the County’s residents
and guests, and also the County’s economy—specifically, its tourist industry. Residents expressed
strong support for open space preservation during the Comprehensive Plan update, and the County
relies on the private sector to provide open space and recreational amenities or otherwise dedicate
them during the land use review process.
Nutrient Farm will provide a large variety of recreational and open space amenities for residents
and guests of the County. Approximately 608.76 acres, which is about 53.6% acres of the total
PUD area, will be preserved as Private Open Space in Nutrient Farm. The open space will be
available for recreation and will also provide important wildlife habitat and serve as backdrop for
the valley floor. The property is adjacent to large swaths of federal land, specifically the BLM
lands just beyond the Hogback ridge. Of course, the other key functions of open space, such as
visual preservation, creating buffers from development, and pressing development down on the
Valley floor and away from ridgelines all also come into play in terms of the key public benefits
that will emanate from this Open Space designation.
As mentioned above, numerous public and private trails will be constructed in Nutrient Farm.
These will include the LoVa Trail which will provide a vital alternative transportation and
recreation route. Also, as previously discussed, the private trails within Nutrient Farm are open to
use by the public but will be constructed and maintained by the Owner/Developer. Non-motorized
trails will be constructed on the lower recreational areas of Nutrient Farm and provide access to
the higher open space areas on the mountain.
In addition to the public and private trails, many more private recreational amenities will be
available on Nutrient Farm. These include the outdoor recreational activities on the southern and
western portions of the property. The outdoor recreational activities include corn mazes and zip
lines in the Adventure Farm; trails and tracks for biking, ropes courses, alpine coaster rides, and
sports fields; a water park for kayaks and paddleboards; and winter mountain activities such as
sledding/tubing hills, snowmobile trails, and ice skating. Multiple private parks and fields will be
constructed for people to enjoy, play, and picnic on. These will be maintained by the
Owner/Developer of Nutrient Farm and are not part of the Private Open Space Tracts. Thus,
Nutrient Farm will provide a wide array of public and private recreational activities, trails, and
open space on-site.
In light of this very wide array of significant recreational elements contained within this proposal,
we are confident that Nutrient Farm readily meets the following applicable Vision, Goals, Policies,
and Strategies/Actions of Section 5 – Recreation, Open Space and Trails:
Narrative – Nutrient Farm Planned Unit Development 47 | Page
Vision:...Recreation and tourism industries are encouraged and supported in appropriate
locations thought the county.
Goals:
1. Assure that new residential development provides recreation opportunities for county residents
that are appropriate to the density and the type of development or that contribute land and/or
funding to a County-wide trail and recreation system.
2. Ensure public access to federal lands is preserved consistent with Bureau of Land Management
and U.S. Forest Service Policies.
3. Provide opportunities for the tourism industry to utilize recreational resources as well as to
preserve recreation resources for local access.
4. Support the development of a continuous trail system within Garfield County along both major
river corridors.
Policies:
1. The county supports the creation of an interconnected trail system in the Colorado River
Valley.
2. Any actions regarding open space and trails must respect the property rights of land owners
in the county and must be based on the concepts of just compensation mutual benefit for
landowners, residents and visitors.
4. Proposed development adjacent to streams/rivers with rafting or fishing potential are
encouraged to dedicate easements for public access to these areas, where compatible with
wildlife habitat.
5. Encourage development that contributes to the continuation and enhancement of commercial
tourism in or near recreation areas.
Strategies/Actions:
1. Work with other municipalities, and other organizations to collaboratively develop a
Colorado River Trail and preservation plan.
Section 6 – Agriculture
Agriculture is important to the County’s economy as well as the overall health and quality of life
for its residents. As part of the Comprehensive Plan 2030 update, concerns over the loss of
agricultural lands and the rural character of the community were identified by participating
residents as a key issues facing the community. According to the Comprehensive Plan, agriculture
accounts for approximately two percent of County employment, and contributes approximately
$22 million to the County’s economy. Thus, Garfield County encourages agricultural lands and
working farms not only as a means of diversifying the economy, but also as a way to protect the
agricultural heritage of the County, and a way to preserve open space and natural habitats for
wildlife.
The Nutrient Farm PUD, by its very nature, will do all of these. The Nutrient Farm PUD revolves
around its sustainable biodynamic farm. Livestock will be raised and a variety of crops grown that
will be available to the public at the Farm Store, Bakery, restaurant, and other agricultural
Narrative – Nutrient Farm Planned Unit Development 48 | Page
buildings. In addition, over 608 acres backing up the Grand Hogback will be preserved as private
open space. Together the farm areas and open space areas total 879.89 acres—which is
approximately 77.4% of the total area of the Nutrient Farm PUD.
Ecology will guide Nutrient Farm’s agricultural practices and natural resources will be protected.
Renewable energy systems will be constructed on-site (i.e., solar energy systems), the private
water systems will be designed to capture and re-use water, and the infrastructure designed so that
in the future Nutrient Farm will be net zero and produce all its own energy. No synthetic chemical
pesticides will be utilized in Nutrient Farm by the Owner/Developer that could potentially
contaminate the soil, water, air, animals, or residents. Holistic and natural mitigation practices will
be used against insects and weeds, (i.e., mechanical, cultural, and biological controls). Sustainable
food practices will be employed throughout the life cycle of a product. Products grown on-site and
those locally sourced will be available to the public to enjoy. In addition to the nutritious food,
other healthy opportunities will also be provided with the open space, trails, outdoor recreational
activities, and the amenities of the Health and Wellness Retreat and spa.
Nutrient Farm will bring back the agricultural focus of the original Riverbend PUD and the rural
open space nature of the County. With its focus on sustainability, the environment and its natural
resources will be protected. Thus, we believe Nutrient Farm emphatically meets the following
applicable Vision, Goals, and Strategies/Actions of Section 6 – Agriculture:
Vision: Garfield County has preserved rural character and agricultural heritage by encouraging
the retention of important agricultural lands, working farms and ranches…
Goals:
1. Promote the continuation and expansion of agricultural uses.
2. Preserve a significant rural character in the county.
3. Preserve scenic and visual corridors in the county.
Strategies/Actions:
4. Require all Final Plats to carry a note that notifies prospective lot owners that Garfield County
has adopted a Right to Farm Policy.
Section 7 – Water and Sewer Service
Water and waste water services will be provided in a variety of ways—either connecting to the
nearby private RWSC facilities or through the construction of multiple on-site systems. No County
or municipal water or wastewater services are sought. Proposed Residential Areas 1, 3, and 4 have
been placed in close proximity to the existing Riverbend Subdivisions and are planned to connect
to the RWSC systems. Given the other proposed uses are a vast distance away from the central
Riverbend systems and are of a nature which are outside of the residential uses of the RWSC,
Nutrient Farm plans to maximize its self-sufficiency by developing its own internal water and
sewer facilities for the rest of the uses—the Farm House in Area 2, new residential lot in
Development Area 5, the Working Farm Areas, the Commercial/Industrial Development Area, and
for all of the Outdoor Adventure Parks activities. Natural sustainable methods will be utilized, and
all County and State water and sewer system requirements will be met. (For details, please refer
Narrative – Nutrient Farm Planned Unit Development 49 | Page
to the earlier responses to General project concept and purpose of the request, the various water
and wastewater reports, and the Water and Sewer Plan drafted by SGM that have been included in
this submittal package.)
Thus, we believe the following applicable Goals and Policies of Section 7 – Water and Sewer
Services are met:
Goals:
1. Ensure the provision of legal, adequate, dependable, cos-effective and environmentally sound
sewer and water services for new development.
Policies:
1. Development located adjacent to municipalities or sanitation districts with available capacity
in the central water/sewer systems will be encouraged to tie into these systems.
Section 8 – Natural Resources
Nutrient Farm has been carefully laid out to blend into the natural landscape and preserve its
natural resources. An inventory and evaluation of the native vegetation and wildlife habitat
potential of the property—including Colorado River aquatic species use, has been conducted, and
a number of measures will be implemented to reduce any potential negative impacts to native
vegetation and wildlife habitat. As already noted, weed management efforts have already begun
and a formal Weed Management Plan has been drafted. Similarly, Reclamation Plans for the
Vulcan Ditch and the Nutrient Farm PUD property have been written. Improvements and
reclamation measures associated with the agricultural irrigation system have also started.
Nutrient Farm values the natural environment and prioritizes responsible stewardship of the land.
Ecology will guide Nutrient Farm’s agricultural practices and the property’s natural resources will
be managed appropriately. Nutrient Farm will utilize organic and biodynamic agricultural
practices and will be a self-contained, self-sustaining ecosystem following organic and biodynamic
practices with the goal of becoming formally organically and biodynamically certified in the near
future. Renewable energy systems will be constructed on-site, water systems will be designed to
capture, treat and re-use water, and the infrastructure designed to lower the emissions of toxins
into the soil, water, and atmosphere. Sustainable food practices will be employed throughout the
life cycle of a product.
The north and east edges of the property abut/contain the Colorado River. Two minor natural
drainages cross the land from south to north, draining into the Colorado River. These are ephemeral
drainages with no wetland or riparian characteristics. The area of the property immediately
adjacent to the Colorado River contains sparse and discontinuous wetland/riparian vegetation on
its banks. No wetlands extend beyond the immediate vicinity of the Colorado River. The area
adjacent to the Colorado is also within the 100-year floodplain and the County’s Floodplain
Overlay District.
Narrative – Nutrient Farm Planned Unit Development 50 | Page
An Impact Analysis Report (“Report”) for Nutrient Farm has been prepared by SGM that details
the property’s physical features including its topography, water bodies, vegetative cover, soil
characteristics, and geology conditions, and analyzes the Nutrient Farm proposal in relation to the
environmental resources on the property. The Report includes an inventory and evaluation of the
native vegetation and wildlife habitat potential on the property—including aquatic species use of
the Colorado River. Federal, State, and local lists and maps were utilized. Federal and State listed
species were reviewed to determine if there are any species’ potential habitat in or adjacent to the
Development Areas of Nutrient Farm. While all species were initially considered, eliminations
were made based on known range distributions or habitat incompatibility.
These subject species include several federally protected fish and plant species, bald eagles, river
otters, and big game species, such as Black Bears, Elk, and Mule Deer. The very detailed analysis
of this Report, and the consideration of potential impacts, and recommended mitigation measures
for such concerns for each species, is addressed in detail in that Report, which is attached to this
application and incorporated into this Narrative by reference. Of course, we cannot viably replicate
that analysis in this Narrative, but the full takeaway is that as with any human uses, there are some
potential impacts to native species, both flora and fauna, but those impacts are not major or unique
in any practical manner and may be ameliorated by implementing mitigation measures.
The Report notes that most of the proposed Development Areas are in previously disturbed areas
which provide minimal environmental services or habitat for wildlife. In order to minimize any
potential impacts to wildlife and improve the overall quality of wildlife habitat on and near the
property, a number of measures will be implemented by the Owner/Developer related to: garbage
disposal and storage; compost piles and dumps; fences; pets; bird feeders; signage; exterior
lighting; hours of operation; and weed management. All such measures related to these topics are
specified in the PUD Guide text and are either already implemented or will be implemented for
specific development stages in the identified phasing plan for Nutrient Farm per the PUD or at the
time of site specific development of a particular use.
In addition, the Report suggests that a Wildlife Mitigation Plan be developed and implemented in
cooperation with CPW after the review and approval of the Nutrient Farm PUD Guide. This
Wildlife Mitigation Plan may include mitigation measures to reduce the impacts to Elk and Mule
Deer such as leaving taller stubble heights in pastures for more grazing opportunities, the use of
some lay-down fences, and development of wintertime water sources, and assistance with water
sources development on nearby BLM lands.
As previously mentioned, the Report also notes that additional studies, tests, and design
recommendations will occur based on the final design and locations of future land uses. For
instance, a wetland delineation and Corps permitting will be required for any improvements and/or
trail in the wetlands near the Colorado River, and site specific geotechnical engineering studies
will be needed for some future improvements.
Narrative – Nutrient Farm Planned Unit Development 51 | Page
Many of the Report’s recommendations have already been incorporated into the development
proposal, and many more will be implemented with the development of a Wildlife Mitigation Plan
for the property. Nutrient Farm has been carefully laid out to blend into the natural landscape and
preserve the natural environment through its sustainable ecological practices. The steep southern
slopes of Coal Ridge will be designated as open space—preserving wildlife habitat and the scenic
mountain backdrop of the valley floor. A variety of measures will be employed to minimize and
mitigate potential wildlife impacts. Nutrient Farm will be developed in an environmentally
sensitive way carefully balancing the use of the land with the preservation of its natural
environment. (Please refer to the Impact Analysis Report as well as the associated individual Soils
and Geohazards Evaluation, Slope Analysis, Preliminary Floodplain Mapping (draft), Weed
Management Plan, and the Reclamation Plans for the Vulcan Ditch and the Nutrient Farm PUD
property that have been included in this submittal package for additional information.) Thus, we
believe the following Section 8 – Natural Resources’ Goals and Policies have been met with
Nutrient Farm:
Goals:
1. Ensure that natural, scenic, ecological, and critical wildlife habitat resources are protected
and /or impacts mitigated.
2. Preserve natural drainage patterns…
3. Protect existing access to natural resources.
Policies:
2. Garfield County will encourage the protection of watersheds, flood plains, and riparian areas.
Section 9 – Mineral Extraction
As mentioned before, resource extraction accounts for approximately 10% of the County’s
employment base. Although it is seen as a benefit to the economy, it impacts on the environment
and the County’s visual resources are recognized. Thus, this Plan Element discusses the need to
regulate mineral extraction appropriately so that negative impacts are mitigated.
No mining or mineral extraction activities are requested with the Nutrient Farm PUD. Rather, the
existing Coal Ridge PUD that allows mining and other heavy industrial uses on the western portion
of the property will be extinguished in connection with the Nutrient Farm PUD request.
Eliminating the possible mining activities on-site will preserve the natural environment and be
more compatible with the adjacent residential properties—eliminating the visual and auditory
impacts and the heavy truck traffic associated with mining operations.
Section 10 – Renewable Energy
Garfield County encourages the development of renewable energy sources as an alternative to
conventional energy. Renewable energy is a benefit to individuals and the environment, and as
well as a potential way to help diversify the economy. Nutrient Farm seeks to be a beacon of the
Narrative – Nutrient Farm Planned Unit Development 52 | Page
potential of alternative energy—particularly solar, and plans to invest heavily in alternative energy
systems that will make Nutrient Farm highly self-sufficient.
Conventional energy may serve the new single-family homes, but they will also be developed to
be amenable to alternative energy systems, and/or utilize energy systems constructed elsewhere
on the Nutrient Farm for excess energy, if feasible. For the actual farm operations and facilities,
numerous renewable energy systems will be constructed on-site to power the other various
activities in Nutrient Farm. The chief energy generation system will be a planned solar farm in
Area 3. There will also be other alternative energy systems on-site including: solar electric; solar
thermal; geothermal; wind; and hydro-electric energy systems. OWTSs will also be constructed,
and aerobic aeration and anaerobic digester methods will be utilized. These larger systems will be
for the benefit of the entire Nutrient Farm property and are not intended to provide services to
other properties outside of its boundaries. The PUD Guide has specified the locations, development
standards, and future review processes for these larger renewable energy systems and also contains
allowances for accessory solar energy systems on the individual residential lots. (Please refer to
Table 2 – Nutrient Farm Land Use Table of the PUD Guide for details.)
Thus, we believe Nutrient Farm fulfills the following applicable Goals, Policies, and
Strategies/Actions of Section 10 – Renewable Energy well:
Goals:
1. Promote and encourage the development of renewable energy resources within the county.
2. Encourage the implementation of energy efficient site design and building orientation in
development proposals.
3. Ensure that renewable energy activities mitigate their effects on the natural environment,
including air quality, water quality, wildlife habitat, and visual quality.
Policies:
1. The county encourages the development of energy efficient building design and the use of
alternative energy sources.
Strategies/Actions:
2. Encourage current, and require future, POA/HOA’s to adopt local standards to promote and
allow for renewable energy technologies to occur within their subdivisions.
3. Evaluate the viability of various renewable energy resources within the county. Develop
appropriate mechanisms to encourage their development.
Conclusion to Explanation of how the PUD is in general conformance with the comprehensive
plan
The Nutrient Farm PUD request is in general conformance with the Comprehensive Plan 2030. It
addresses many of the issues and concerns raised by County residents, and fulfills many of the
needs, goals, polices, and strategies/actions identified in the Comprehensive Plan’s ten Plan
Elements.
Narrative – Nutrient Farm Planned Unit Development 53 | Page
Nutrient Farm, as a mixed-use community revolving around a working farm, will help preserve
agricultural land and the rural mountain character that have been identified as important
community attributes, while also helping to diversify the economy. Stable seasonal and year-round
jobs in the agricultural, tourism, and commercial areas will be created. In addition to the new jobs,
new lots/homes will be located within Nutrient Farm. Nutrient Farm is an infill development, and
anachronistic industrial and high intensity residential uses will be replaced with a new agricultural
mixed-use PUD which is a much more compatible and sensitive to the nearby existing residences
and the environment itself than that which is currently allowed.
Thus, we believe that Nutrient Farm PUD is in general conformance with the Comprehensive Plan
2030 and will be an asset to Garfield County.
c. Description of how the proposed development departs from the otherwise applicable
standards of this Code but meets the intent and purpose of this Article;
The proposed Nutrient Farm PUD request meets the purpose, intent, and applicability of PUD
zoning as provided in sections 6-101.A. and B. of the LUDC. The LUDC readily acknowledge
that there are instances when greater design flexibility for a development may be desired than that
currently allowed under the basic zoning regulations. The intent of PUD zoning is to encourage
flexibility in the planning and design of land so that the proposed development utilizes the site’s
natural physical and environmental characteristics. Per the LUDC, applications for PUD zoning
may be made for any single parcel of land or contiguous parcels of land in any zoning district
containing two or more acres. The Nutrient Farm property is owned by a single entity and well
over this minimum.
Due to the unique agricultural nature of Nutrient Farm and its recreational, entertainment, and
retail/commercial tourist related activities, and its sheer size, modifications to various LUDC
provisions are needed which are specifically tailored to the Nutrient Farm development. Thus, the
proposed PUD Guide contains a number of special land uses, definitions, and development
standards and requirements designed to foster the compatible and orderly development of Nutrient
Farm and ensure that it blends in with the nearby residential development pattern and the natural
landscape.
The content and development standards/requirements of section 6-302.A.4.a.-d. PUD Plan Guide
and 6-401.A.-I. Development Standards of the LUDC have been contained in the proposed
Nutrient Farm PUD Guide. The PUD Guide contains the permitted uses, addresses density,
housing types, transportation and circulation systems, off-street parking, recreational amenities,
landscaping and trail standards, weed mitigation, and phasing for Nutrient Farm. It also contains
dimensional standards for the future lots and numerous development regulations for the
improvements on them. As 6-302A.4.a. calls for, development standards and dimensional
regulations such as minimum lot size requirements, setbacks, and lot coverage limitations are
provided based upon Table 3-201. Dimensional Standards, and Standards, Article 7, Division 3 of
the LUDC have been included in the PUD Guide. The proposed PUD Guide also contains lighting
Narrative – Nutrient Farm Planned Unit Development 54 | Page
and signage regulations, and standards for roadways, utilities, and other infrastructure
improvements. Although not required, sound standards and Solar Energy Systems provisions have
also been included. The various existing LUDC requirements have not been ignored—rather, they
have been incorporated into the proposed regulations and only modified from the LUDC in order
to provide clarification or to be more appropriate to the Nutrient Farm community.
The following is a discussion of the PUD Guide’s requested departures from the provisions of the
LUDC. For the sake of brevity, please also refer to the earlier responses to General project concept
and purpose of the request and the later response to PUD Plan Guide (6-302.A.4.a.-d.) for detailed
information on the contents and development standards/requirements contained within the
proposed Nutrient Farm PUD Guide.
Unique Land Uses, Definitions, and Development Standards of the Nutrient Farm PUD Guide
The Nutrient Farm PUD Guide has been carefully designed to create an agricultural mixed-used
community revolving around its working farm that is compatible not only with the land it is on,
but also the nearby residential uses. We believe the proposed PUD Guide meets the purpose and
intent of the LUDC and provides appropriate development standards for Nutrient Farm. The PUD
Guide builds upon the LUDC and only departs from the LUDC in an effort to address the unique
uses and create a cohesive community on Nutrient Farm. The following is a discussion of the
unique land uses, definitions, and development standards within the Nutrient Farm PUD Guide
that are proposed to depart from various provisions of the LUDC. We believe that the proposed
departures are reasonable and appropriate to Nutrient Farm as no public health and safety standards
of the Building Code will be compromised, nor will any negative impacts to adjacent properties
be created through these standards.
Land Uses, Definitions, and Review Processes
Unique land uses, definitions, and review processes have been proposed in the PUD Guide to foster
the compatibility and orderly development of Nutrient Farm. Table 2 – Nutrient Farm Land Use
Table (Exhibit D of the PUD Guide), and the Nutrient Farm Land Use Definitions (Exhibit E of
the PUD Guide) supersede those of the LUDC. The definitions of the LUDC apply when a land
use definition is not contained within the Nutrient Farm Definitions.
Table 2 – Nutrient Farm Land Use Table identifies the allowed land uses within each Development
Area of the PUD, the required level of development review by Garfield County, and specific PUD
Guide or LUDC standards. Either a unique land use or unique land use definition has been
identified by an asterisk (*) on the Table. The existing LUDC Article 7 Standards requirements
are carried forward on the proposed Table and in the Nutrient Farm Land Use Definitions along
with additional proposed requirements. They vary from the LUDC in order to provide clarification
and/or to be more appropriate to the Nutrient Farm community.
Narrative – Nutrient Farm Planned Unit Development 55 | Page
The new Nutrient Farm Land Use Definitions and modifications to the LUDC’s definitions have
been shown in blue text in the proposed Definitions so that they may be easily recognized. (The
blue will be modified to standard black text once these have been reviewed and approved by the
County.) The new and/or revised Nutrient Farm Land Use Definitions and Land Use Table
include the recent LUDC modifications and other uses such as: Agriculture, Agritourism, Animal
Keeping, Food Truck, Guest House, On-Site Employee Housing, Parks and Open Space, Camp
Store, Farm Store, Accessory Improvement, Nutrient Farm Event, Outdoor Music and
Entertainment, Outdoor Recreation, Cistern, Hydrogen Generation and Storage Systems, Solar
Energy Systems, Outdoor Recreational Uses, Temporary Uses and Structures, multiple specific
signs, and other land uses. (Please refer to the proposed Nutrient Farm Land Use Definitions for
all proposed changes.) The LUDC definitions for an Accessory Building, Improvement, Structure
and Use have been further defined and included as allowed uses on the Land Use Table or in the
PUD Guide itself.
Most notably, the following kilowatt (kW) modifications to the Solar Energy definitions are
proposed:
• Solar Energy Systems, Accessory: We have expanded this definition of the LUDC to
include associated systems equipment such as inverters, electrical and thermal batteries,
and Pits of Thermal Energy Storage (PTES), and have increased the maximum less than
15 kilowatt (kW) DC rating to less than 25 (kW) to better reflect current Accessory Solar
Energy Systems. The provisions of 7-1101. still apply, except for 7-1101.B.2.d. which
limits Accessory Solar Energy Systems to 15 kw.
• Solar Energy Systems, Small and Large: Similar to above, we have expanded the LUDC’s
Solar Energy Systems definitions, and call for Small Solar Energy Systems to be those 25
kW up to 500 kW. The signage requirements of 7-1101. will be adhered to.
Similar to the LUDC’s Land Use Table, the development review processes for each land use has
been identified on the proposed Nutrient Farm Land Use Table. Since Nutrient Farm revolves
around its agricultural practices, Agricultural and Animal Related Uses, including Agritourism,
are allowed in each of the Development Areas. Some modifications to the LUDC are proposed
that we believe to be reasonable based upon the mixed-use nature, layout, and size of Nutrient
Farm. We note that some of these uses and review processes have already been allowed for other
PUDs in the County. We believe the review processes are reasonable and appropriate to ensure the
safe and compatible development of Nutrient Farm.
In terms of modifying the existing LUDC Article 7 development standards or other LUDC
standards in the Nutrient Farm PUD Guide, the following are proposed:
• Accessory Dwelling Unit (“ADU”): The LUDC’s definitions and standards of 7-701. have
been modified so that there is no additional minimum lot area or minimum lot size for an
ADU in Nutrient Farm. All ADUs are limited to a maximum floor area of 1,500 square
Narrative – Nutrient Farm Planned Unit Development 56 | Page
feet. The proposed development standards have been included in the PUD Guide under
section III.H. – Specific Land Use Standards.
• Animal Keeping: This is a new unique land use and definition with its own development
standards. It is based on the LUDC’s Animal Sanctuary requirements (7-601.) but does
not limit the type or number of animals or contain a 35 acre minimum lot size or other
minimum building sizes since Nutrient Farm itself is well over 35 acres and revolves
around its working farm. The proposed development standards and regulations for Animal
Keeping are stated in the PUD Guide section III.H. – Specific Land Use Standards.
• Food Truck: This is a new land use and definition specific to Nutrient Farm. We would
like to be able to provide our guests and residents with the opportunity to enjoy food on
the Nutrient Farm property. The proposed development standards and regulations for a
Food Truck are stated in the PUD Guide section III.H. – Specific Land Use Standards.
• Guest House: This is a new land use and definition specific to Nutrient Farm. A Guest
House will only be allowed in Development Area 2 and as an accessory use to the primary
residence there. The Guest House is intended for use by the Owner/Developer’s relatives
and guests. The proposed development standards and regulations for a Guest House have
been included in the PUD Guide section III. H. – Specific Land Use Standards.
• Nutrient Farm Event: A Nutrient Farm Event includes a variety of entertainment,
recreational, educational, and celebratory events as defined in the proposed Nutrient Farm
Land Use Definitions. The proposed development standards and regulations for Nutrient
Farm Events are stated in the PUD Guide section III.H. – Specific Land Use Standards and
include limiting the hours of outdoor operation of such events from 7:00am to 10:00pm,
and other lighting, noise, dust control, and Temporary Parking Plan requirements.
• Solar Energy Systems: A specific Solar Energy Systems section has also been included in
the PUD Guide which provides further design and location standards for any Solar Energy
Systems within Nutrient Farm. (Please refer to our later Solar Energy Systems discussion
under PUD Plan Guide (6-302.A.4-a.-d.) for details.)
• Soils and Geohazard Evaluations: A specific Soils and Geohazards section has also been
provided in the PUD Guide which requires all future improvements to abide by the
Drainage and Erosion requirements of section 7-204. of the LUDC and the Natural and
Geological Hazard standards of section 7-207. of the LUDC. However, section 7-207.F.2.
of that section shall only apply to residential or lodging development in Nutrient Farm. All
other types of non-habitable uses may be allowed on 30% slopes. However, all
development in such 30% slopes are still subject to the study requirements of 7-207.F.1.
for any development on slopes over 20%.
• Temporary Improvement: Similar to the above uses, a Temporary Improvement is a unique
land use for Nutrient Farm which is envisioned to primarily be used in connection with the
special Nutrient Farm Events on the property. All such improvements must meet all
applicable Building Codes and be removed within two days once the event or activity has
ended. Please see the proposed development standards and regulations for a Temporary
Improvement in the PUD Guide section III.H. – Specific Land Use Standards for details.
• 7-1001. Additional Standards for Industrial Uses: This section was recently modified with
the LUDC changes. We are also proposing 7-1001.D.3. that requires a 100 foot setback for
Narrative – Nutrient Farm Planned Unit Development 57 | Page
storage not apply to any adjacent property line located within the Nutrient Farm
boundaries, but rather apply to an adjacent property outside of the PUD boundaries. Given
the mixed-use nature of Nutrient Farm and the location of the Development Areas, we
believe the large 100 foot setback requirement is unnecessary in the PUD itself. All other
provisions of the LUDC for Industrial uses will be in effect.
Dimensional Standards
LUDC Table 3-201. Zone District Dimensions contains the dimensional standards for each of the
County’s zoning districts. Minimum lot area, maximum lot coverage, maximum floor area ratio
(“FAR”), setbacks, and heights are specified.
Nutrient Farm is comprised of four large parcels totaling approximately 1,136 acres. Although no
specifics are contemplated at this time, the property will inevitably need to be further subdivided
in the future via the rigorous LUDC subdivision review process, in order to accommodate the
residential subdivisions and, if needed, construction in the various Development Areas. The PUD
Guide – Table 3 – Zone District Dimensions contains lot standards and setbacks requirements for
future improvements within Nutrient Farm. Tables 4, 5, and 6 contain regulations for setback
encroachments and building heights. Once again, these have been based on the LUDC, with some
modifications and clarifications, in order to provide buildable lots and ensure compatibility within
the PUD and with the nearby existing Riverbend homes.
• Development Areas 1-5 (Residential Lots): In order to be compatible with the nearby
Riverbend lots, all new Development Areas 1, 3, and 4 residential lots will be a minimum
of 0.50 acre, the new residential lot in Development Area 5 will be a minimum of 1.00
acre, and the existing Farm House lot in Development Area 2 will be a minimum of 35
acres. All residential lots will be limited to a 35% maximum lot coverage and FAR and
follow the LUDC’s designated setbacks for Residential zoning districts and local roads.
This will produce larger less developed lots than the LUDC’s Residential Suburban zoning
district that requires a 20,000 square foot lot minimum and a 50% maximum lot
coverage/FAR allowance. The only larger lots of the LUDC are those in the Rural zoning
district with a minimum of two acres that allow a 50% maximum lot coverage and FAR.
In terms of precedence, approved Aspen Valley Polo Club contains lots of 0.25 acre with
25% maximum lot coverage and 30% FAR, and 0.75 acre lots with 35% maximum lot
coverage and 30% FAR.
• ADUs: ADUs are allowed on each single family residential lot and specific standards have
been proposed for them that vary slightly from the LUDC. They are required to follow the
standards of 7-702., but there is no additional minimum lot size or minimum lot area, and
no additional rear yard setback required for them beyond those shown in the PUD Guide
Table 3. (Please see Table 3 of the PUD Guide for details.)
• Development Areas 5-8 (Farms/Commercial/Industrial Lots): The commercial LUDC
regulations are proposed for lots within Development Areas 5-8—7,500 square foot
minimum lot size, 85% maximum lot coverage, 50% FAR, and listed setbacks for local
Narrative – Nutrient Farm Planned Unit Development 58 | Page
roads. Development Areas 5-8 are considered to be industrial zoned property for the
application of section 7-1001. of the LUDC. As just mentioned, LUDC 7-1001.D.3. is not
required when adjacent to other property lines within the PUD. However, the 100 foot
setback requirement will be provided to adjacent property lines outside of the PUD
boundaries.
• 25 Foot Setback for Small and Large Solar Energy Systems: A 25 foot minimum setback
is required for any Small and Large Solar Energy Systems abutting an existing residential
property outside of the Nutrient Farm PUD boundaries regardless of its front, rear, or side
yard setback designation in Table 3, per footnote 6.
• 25 Foot Minimum Setback: A 25 foot minimum setback is required from the edge of a
dedicated right-of-way or from the edge of road or street for all other non-dedicated roads
or streets in Table 3, per footnote 7.
• Setback Encroachments: Proposed Table 4 illustrates the allowed setback encroachment
for Projections and other Minor Accessory Improvements. The allowed encroachments are
exactly those found in the LUDC except that specific Minor Accessory Improvements have
been listed and allowed to encroach into the setback provided the Clear Vision Standards
of the LUDC are met. (Please refer to the proposed Table 4 for details.)
• Height: All buildings and structures are limited in height by the proposed PUD Guide and
will be measured according to the LUDC currently in effect at the time of building permit.
Because Nutrient Farm is a mixed-use community and various uses are located next to each
other throughout the PUD, except for the Farm House single-family home and accessory
uses in Development Area 2, all building heights are limited by the land use which they
are associated with rather than by the Development Area (i.e., zoning district) in which
they are located. For instance, all remaining single-family homes are limited in height to
25 feet, while a commercial type of building is limited to 40 feet in height. Based on the
large size of Development Area 2, its location and its distance from other existing homes,
the Farm House will be limited to 40 feet in height, while all other uses in Development
Area 2 will be limited to 35 feet in height.
• Solar Energy Systems: The Solar Energy Systems provisions of the PUD Guide limit the
ground mounted solar collectors to a maximum height of 15 feet. All other associated
buildings and infrastructure improvements are limited by the Utilities classification of
Table 5—40 feet.
Transportation and Circulation / Access and Roadways
A Conceptual Access, Circulation and Parking Plan (“Plan”) for Nutrient Farm has also been
attached to the PUD Guide. Multiple public and private streets, roads, and driveways will be
constructed by the Owner/Developer to provide access to various portions of the property and its
uses. The Plan shows the locations of the 80 foot right-of-way for CR 335 and the two new 50 foot
public rights-of-way that will be constructed and dedicated to the County off of CR 335 to serve
the new residential lots in Development Areas 1 and 3. (These road will only be
constructed/dedicated when the residential subdivisions are constructed.) The three residential lots
in Development Areas 4 and 5 will take access off of the existing Riverbend Drive. All other
Narrative – Nutrient Farm Planned Unit Development 59 | Page
private streets, roadways, driveways, and associated improvements in Nutrient Fam will be
constructed and maintained by Owner/Developer, or its designees or successors in interest, unless
and until the roads are dedicated and accepted by Garfield County for public maintenance.
All roads within Nutrient Farm will be designed to provide adequate, safe, and efficient access and
circulation for the property. In an effort to minimize site disturbance and hard surfaces within the
PUD Property, the following road designs standards are proposed:
• All private roads within the PUD will consist of two 12½ foot gravel lanes with a two
percent (2%) crown section and two foot (2’) deep ditches, as necessary, with a 12 percent
(12%) maximum grade and 80 foot minimum centerline radius. Shoulders and ditches will
be used only in select locations, as needed. Other hard surface may be preferred in the
future for some of these private roads, or portions of them, due to heavy traffic, turning
movements, etc. Thus, such areas may be paved with concrete in the future at the discretion
of the Owner/Developer. (Any necessary County approvals for the surfacing will be
obtained.) The two 50 foot rights-of-way to serve Residential Areas 1 and 3 will also be
constructed to the above standards.
• No design standards are proposed for the internal agricultural access roads in and around
the farm areas because they are strictly for agricultural purposes and no public vehicles
will be allowed on them. They will consist of unimproved, native earth or gravel as
warranted with use.
Off-Street Parking and Loading
Off-Street Parking and Loading standards have been included in the PUD Guide that will
supersede those of the LUDC. The LUDC’s clear vision area and dimensional requirements for
parking stalls, access drives, and drive aisles will be met. Any design standard departures are
requested in an effort to minimize the amount of site disturbance and paving in the PUD area and
promote water absorption, and only for the non-residential uses. All residential uses will meet the
requirements of the LUDC except for Table 7-302.A. Minimum Off-Street Parking Standards by
Use. Specifically, the PUD Guide contains the proposed residential off-street parking standards
for Nutrient Farm: two parking spaces for each single-family residential unit; one parking space
for each ADU; and one space per bedroom for any Employee Housing or Bunkhouse unit.
Table 7-302.A of the LUDC regarding the amount of parking spaces for each land use does not
include many of the Nutrient Farm non-residential land uses. Additionally, Nutrient Farm guests
are expected to engage in multiple indoor and outdoor activities on the property during their visit.
As such, Nutrient Farm developed parking estimates based on our own projections, timing
assessments (many of these are seasonal and do not require year-round parking), and combined
needs of all uses, and developed the parking layout shown on the Conceptual Access, Circulation
and Parking Plan. Thus, after analyzing the proposed uses, the unique off-street parking standards
include:
Narrative – Nutrient Farm Planned Unit Development 60 | Page
• Shared Permanent Parking: A total minimum of 842 permanent parking spaces in shared
surface parking configurations in Development Areas 6, 7, and 8 are proposed for all indoor
and outdoor uses in Nutrient Farm. These include parking for all the permanent non-
residential enclosed buildings and for all the outdoor agricultural, recreational, and
entertainment activities in Nutrient Farm that are not held in an enclosed building. Many of
these are seasonal uses that will not be operating year-round, but the generic use by use
allocation functions as follows:
Parking Summary
Development
Area
Use Parking
Spaces
Provided
6 Energy Building 4
Greenhouse (Agriculture) 14
Processing Buildings 122
Restaurant 112
Adventure Farm 40
Farm Store 16
U-Pick Orchards, Pumpkins, Maze, etc.
(Includes 5 LoVa Trail Parking Spaces.)
59
Nursery and Supply Yard 8
7 Commercial – Retail/Professional 32
8 Water Park 234
Campground Office 16
Lodge/Health/Wellness Retreat 16
Adventure Park 60
Performing Arts 32
Music/Entertainment Festival 77
Total 842
• Dimensions and Surfacing: Permanent parking and loading stalls, lots, aisles, access drive
widths, and the clear vision area requirements of 7-303.I., and the dimensional
requirements of 7-302 of the LUDC will be met, and may be natural earth/grass or gravel
surfaced and not striped in order minimize site disturbance in the PUD area.
• Timing: As each building and/or use is constructed, the associated parking area, at a
minimum, will be constructed. Additional parking areas may be constructed but are not
required.
• Temporary Parking Plan: Short-term, non-permanent parking spaces will be provided on-
site for all Nutrient Farm Events or music/entertainment performances with an expected
attendance of 350 people or more per the Temporary Parking Plan. These will be located
entirely on the property, not within the CR 335 right-of-way.
We believe the proposed parking and loading standards are appropriate for Nutrient Farm.
Narrative – Nutrient Farm Planned Unit Development 61 | Page
Signage
Section 6-302.A.4.of the LUDC requires the PUD Plan Guide to include signage standards—
height, lighting, placement, and quantity regulations for the future on-site signs.
Due to the variety of future land uses, buildings, and activities in Nutrient Farm, multiple types of
signage is needed to help provide directional guidance and information to guests and residents of
Nutrient Farm. We have proposed special Signage Standards for Nutrient Farm that will supersede
those of the LUDC. The existing LUDC Signage standards have been included as much as possible
and new unique sign types, definitions, and standards have been added. For instance, Area
Identification and Directional Signs are proposed to identify the name of the Development Areas
and their activities, and to provide directions to the various Areas and activities. (Please see the
PUD Guide, Signage Standards, Tables 9 – Allowed Signs and Table 10 – Allowed Signs Design
Requirements, and the Land Use Definitions for details.)
Exterior Lighting
Exterior Lighting Standards are also contained in the PUD Guide in an effort to minimize light
pollution and conserve energy, while providing adequate lighting for safety and security. The
proposed Lighting Standards encompass and supersede those of section 7-304. of the LUDC with
additional details that have been proposed regarding prohibited lighting and exempt lighting for
Nutrient Farm. Please refer to the Exterior Lighting Standards of the PUD Guide for details.
Conclusion to Description of how the proposed development departs from the otherwise applicable
standards of this Code but meets the intent and purpose of this Article
In light of the foregoing considerations, we strongly believe that the Nutrient Farm PUD builds
upon and expands the various provisions of the LUDC with zoning regulations specifically tailored
to the unique agricultural, residential, recreational, and commercial related activities on Nutrient
Farm. In turn, the proposed departures from the LUDC are reasonable and appropriate in order to
create a cohesive agricultural development revolving around the working farm. We believe the
Nutrient Farm PUD meets the purpose and intent of the LUDC for PUD Zoning and provides
reasonable development standards as required for the PUD Guide (6-302.A.4. and as required by
the PUD Standards (6-401.A.-I.)). We will be glad to work with the County and answer any
questions or concerns there may be for any aspect of this proposal.
d. Relationship of the proposed PUD development to the existing land uses and adjacent
property land uses;
The Nutrient Farm PUD is appropriate for the property and is compatible with the surrounding
land uses. Nutrient Farm is an infill project on land that has been contemplated and approved for
intensive residential and industrial development since the early 1970’s. It is located to the south
and west of the Colorado River and backs up the steep slopes of Coal Ridge and the nearby BLM
Narrative – Nutrient Farm Planned Unit Development 62 | Page
lands. CR 335 bisects the property, and pockets of residential subdivisions (single-family and
duplex lots) are located adjacent to the property—Riverbend Subdivision Filing Nos. 1 and 2,
Riverbend Ranchettes, Cedar Ridge Subdivision, Riverbend Filing No. 5, and Lot 2 of the Matthies
Exemption Plat. These residential subdivisions are on land that was originally part of the overall
Riverbend PUD. To the south and west lie private lands which are zoned Rural and are currently
being used as grazing land/meadow hay fields/agricultural according to the Assessor’s records.
One single-family ranch home exists to the south on one of these properties.
In terms of the nearby uses and the Official Zone District Map for Garfield County:
• North: The Colorado River and I-70 are located directly to the north of Nutrient Farm.
Beyond those, the area is zoned and developed with a mix of residential and commercial
land uses.
• South: Both public (BLM lands) and private lands are located to the south of Nutrient
Farm. The public lands are located to the southeast and are zoned Public Lands while the
private property to the southwest is zoned Rural. According to Assessor’s records, the
property to the southwest is currently used as grazing land/agricultural and has a single-
family ranch home on it.
• East: BLM Public Lands are to the east of the property.
• West: The three adjacent properties to the west are privately owned and are being used as
grazing land/meadow hay fields/agricultural according to the Assessor’s records. They are
currently vacant and zoned Rural.
The Official Zoning District Map of Garfield County recognizes the existing Riverbend and Coal
Ridge PUDs for the Nutrient Farm property with a PUD zoning designation. (Please refer to the
Impact Analysis Report for a map illustrating the property’s location and the adjacent land uses
within 1,500 feet of Nutrient Farm.) The proposed Nutrient Farm PUD is a much more compatible
and sensitive development than that which is currently allowed by those PUDs. The future Nutrient
Farm lots and homes will be compatible in size and scale with the nearby existing homes. To that
end, we have provided an analysis of the proposed residential lots’ development standards in
relation to the nearby Riverbend lots and home sizes later on in this Narrative. (Please see the Lots
discussion under the response below to PUD Plan – PUD Plan Guide for details.) The scope and
intensity of uses on Nutrient Farm will be limited as well, in both a seasonal nature and in the
frequency of events. Finally, all such uses will be well contained on the property that is over 1,100
acres, and any impacts will be mitigated by both the natural layout of the land and the development
plan thereon, and the mitigation efforts for noise, wildlife, etc. that are discussed throughout this
Narrative.
e. Phasing and timing for the proposed development including the start and completion
date of construction of each phase.
Nutrient Holdings is anxious to begin construction of Nutrient Farm and would like to start as soon
as the PUD is approved and recorded. Since Nutrient Farm revolves around its Working Farm
Narrative – Nutrient Farm Planned Unit Development 63 | Page
areas, construction of the improvements related to the Working Farm areas will begin first.
However, due to the large amount of land and many possible land uses, development of Nutrient
Farm will take some time. As mentioned earlier in this Narrative regarding the Development
Agreement and Phasing Plan, the phasing of this project is quite thoroughly addressed in the
Phasing Plan, the PUD Guide, and the Development Agreement.
Please see our earlier response General project concept and purpose of the request for details on
Nutrient Farm’s phasing plan and Development Agreement.
Narrative – Nutrient Farm Planned Unit Development 64 | Page
2. PUD Plan – PUD Technical Descriptions (6-302.A.2.a.-h.)
a. Method and calculation used to determine overall project and specific use type
densities;
It is difficult to specify an overall density for the PUD due to the mixed-use nature of Nutrient
Farm, the large amount of open-air outdoor recreational activities, and any possible future
unknown subdivisions for the commercial, recreational/entertainment areas. However, based upon
an analysis of Nutrient Farm in relation to the existing Riverbend and Coal Ridge PUDs, and the
LUDC and Comprehensive Plan requirements, we believe the proposed Nutrient Farm PUD
contains an appropriate level of development for the property. The following is a summary of the
proposed Development Areas, Tracts and land uses for Nutrient Farm:
Development Areas and Private Open Space Tracts Summary
Area/
Tract
Name Size
(Acres)
1 Single-Family Residential Subdivision (+ADUs allowed)
(5) 0.50 acre minimum lots
5.50
2 Single-Family Residential Subdivision (+Guest House allowed)
(1) 35.00 acres minimum residential lot (Existing Farm House)
41.14
3 Single-Family Residential Subdivision (+ADUs allowed)
(10) 0.50 acre minimum lots
Solar Energy Systems
9.46
4 Single-Family Residential Subdivision (+ADUs allowed)
(2) 0.50 acre minimum lots
1.12
5 Working Farm – East*
(1) 1.00 acre minimum residential lot (+ADU allowed)
Solar Energy Systems
73.99
6 Working Farm – West/Solar Energy Systems* 196.91
(North: 54.70 Acres)
(South: 142.21 Acres)
7 Commercial/Industrial Park* 12.31
(North: 5.45 Acres)
(South: 6.86 Acres)
8 Outdoor Adventure Parks/Music and Entertainment/Lodging* 174.39
(North: 6.14 Acres)
(South: 168.25 Acres)
A Private Open Space 214.63
B Private Open Space 281.19
C Private Open Space 65.40
D Private Open Space 47.54
County Road 335 ROW Area 11.42
Total Size of All Development Areas 515.82
Total Size of All Private Open Space Tracts 608.76
Total Size of County Road 335 ROW 11.42
Total Size of PUD Area 1,136.00
Narrative – Nutrient Farm Planned Unit Development 65 | Page
* Per the PUD Guide, Bunkhouses for agricultural employees and On-Site Employee Housing
units for employees of Nutrient Farm may also be constructed in these Areas. These units are
not required by the LUDC nor will they be restricted as such. No unit count or size for these
have been specified in the PUD. Additional review and approval by Garfield County is
required, including vehicle trips, water and wastewater systems information, prior to the
construction of any of these units. (Please see the PUD Guide for details.)
As mentioned before, the Nutrient Farm PUD area contains the remaining unsubdivided portions
of the Riverbend PUD and the entirety of the Coal Ridge PUD. No more than a modest amount
of residential density—18 new single-family lots (the existing Farm House has already been
included in the existing subdivisions calculations), is currently proposed for the Nutrient Farm
PUD. The quite significant remainder of residential density previously attributed to the property
or otherwise viewed as potential density rights for the property will either be fully extinguished or
put into a latent density reserve which restrains any use of that density without significant and
multi-tiered development review and scrutiny—and even then, only if Nutrient Farm ceases to
function and remain viable.
Although the official zoning map acknowledges the Riverbend and Coal Ridge PUDs with a PUD
zoning designation, the Comprehensive Plan assigns Residential Medium High (RMH) to the
property which calls for 2-6 acres per dwelling unit. This designation does not acknowledge the
commercial mining operation and its various heavy industrial uses allowed under the Coal Ridge
PUD. Consequently, section 6-401.C. Density that calls for non-residential density within a PUD
to comply with the Comprehensive Plan and not exceed the level that can be adequately served by
public facilities seems to be either irrelevant or met. Adequate water, wastewater, utilities, and
infrastructure are available or will be constructed on-site to serve the proposed agricultural and
related recreational, entertainment, and commercial tourist activities.
In terms of the potential scale and intensity of Nutrient Farm, the Water Adequacy Report and the
Traffic Impact Study contain maximum square footages for the various uses/buildings, as well as
visitor amounts and vehicle trips. The shown square footages and visitors reflect the size of the
buildings and expected visitors at final build-out. Many of these buildings will start out on a much
smaller scale and then expanded as needed based on visitor levels. For instance, the restaurant is
anticipated to be 7,500 square feet at its final build-out, and the two agricultural processing
buildings to support Nutrient Farm to be 72,000 square feet each at their final buildouts. (One of
the processing building contains a 4,000 square foot Farm Store.) For efficiency, all processing
activities will be consolidated, rather than duplicating processing efforts in multiple buildings
throughout the property. A maximum of 2,000 square feet of general office/professional/retail
space are planned. The lodge/retreat will contain 12 rooms and the campground will consist of a
total of 67 campsites, cabins, and RV spots. 193 visitors are anticipated for the Adventure Farm,
Adventure Park, and water park; 100 visitors are estimated for the performing arts center and no
more than 350 are planned for at the music and arts venue area. The camp sites, water park,
performing arts area, and music and arts venue will operate seasonally—for seven months of the
year. At this time, a minimal number of smaller scale monthly events are anticipated at the
performing arts area and music and arts venue. (Please see the Water Adequacy Report and the
Narrative – Nutrient Farm Planned Unit Development 66 | Page
Traffic Impact Study for details.) We believe the proposed uses are appropriate for Nutrient Farm,
compatible with the nearby residential development, and will blend into the natural environment
well.
Section 6-401.C. of the LUDC calls for residential density to be no greater than two dwelling units
per gross acre within the PUD, or in a Rural zoned subdivision. These are the largest minimum
lot sizes under the LUD and would by rote mathematic deduction afford potentially hundreds of
units of residential on this 1,100+ acre parcel. Additionally, the LUDC also allows for the
averaging and transferring of densities within the development areas of the PUD’s boundaries.
With only 18 single-family homes proposed in Nutrient Farm, Nutrient Farm is well under the
required two units per acre.
As noted above, many amendments to the Riverbend PUD have taken place that have allowed the
original 198 residential units to be moved around within the PUD area and subdivided into
individual residential lots. For instance, the Riverbend Preliminary Map did not contemplate any
residential lots where the Cedar Ridge Subdivision is located—instead, a commercial stable was
shown there. And the Riverbend Filing No. 5 area is located on land that was originally designated
for a utility facility/sewer treatment and open space agricultural areas.
Moreover, beyond the residential density allowed on-site by the Riverbend PUD, and in addition
to that residential density, the property was also permitted to contain a very broad, extensive, and
intensive scope of industrial use and development via the Coal Ridge PUD. Similar to outdoor
farming operations, industrial use does not readily lend itself to easy density equivalencies or
conversions. Nonetheless, the fact remains that the cumulative impacts of the residential and
industrial uses long contemplated on this site, in terms of density and other impacts related thereto,
is far, far beyond the density and impact now proposed by this agriculturally driven, agritourism
based proposal. Thus, we believe the proposed Nutrient Farm PUD contains an appropriate level
of development for the property and is much more compatible with the nearby land uses than which
is currently allowed under the two PUDs.
b. The PUD shall demonstrate how common wastewater facilities will be controlled or
governed by future owners within the PUD; and
c. The PUD shall demonstrate how common water facilities will be controlled or
governed by the future owners within the PUD;
As previous discussed above in detail to the response to General project concept and purpose of
the request, wastewater and water services will be provided to Nutrient Farm in a variety of ways—
through the construction of multiple on-site systems for the agricultural, recreational, and
commercial uses or connecting to the nearby private RWSC facilities for the new residential uses.
No County or municipal wastewater or water services are sought. The systems for the homes will
be either constructed for that specific home or be centrally connected to the adjacent public
systems. The remainder of the property will work as one holistic, uniform operation under one
Narrative – Nutrient Farm Planned Unit Development 67 | Page
Owner/Developer. Nothing can even be sold individually unless and until a subdivision plat is
approved and recorded that breaks up the Nutrient Farm property. At that juncture, any safeguards
on ownership will have to be addressed by means of both the LUDC and the PUD, as well as state
law. In other words, at every stage in development, water facilities will follow ownership of any
distinct property interests. (Please refer to the Water Adequacy Report, Central Water Distribution
and Wastewater Systems Report, and OWTS Engineering Report prepared for more information.)
d. Method of adequately providing other necessary public utilities;
Due to the size of Nutrient Farm, utilities will be provided to the future land uses in a number of
ways based on their location and individual power needs. This includes connections to nearby
existing conventional energy systems and the construction of multiple new private renewable
energy systems.
The existing Farm House utilizes a pellet stove for heat and Xcel Energy provides electricity. The
new residences and any of their associated ADUs may also use individual propane tanks/systems
and electricity from Xcel Energy. (A letter from Xcel Energy has been provided indicating their
ability and willingness to serve the new homes.) All other uses in the Development Areas will be
served by multiple private renewable energy systems constructed on the property specifically
designed to serve them. These include solar electric, solar thermal, geothermal, wind, and hydro-
electric energy systems. (I.e., solar electric and/or solar thermal energy systems will be constructed
on the northern portion of Development Areas 6 and 3 near the Colorado River, and Development
Area 5, if needed.) In addition, each single-family home/lot will be able to construct its own
Accessory Solar System per the terms of this PUD Guide.
All new conventional utilities will be located and installed in accordance with the applicable utility
providers’ requirements and those of the LUDC. All existing overhead lines, transformers,
switching and terminal boxes, meter cabinets, and other associated facilities will remain in place
as already legally implemented and allowed and controlled by the relative utility providers. All
necessary utility easements and drainage easements will be located and dedicated per 7-106. of the
LUDC at the time of future subdivision or via separate instrument at the time of site plan or
building permit review, or as needed.
We would also emphasize that in an effort to ensure that the biodynamic nature of Nutrient Farm
is protected and maintained, absolutely no overhead lines and facilities will be allowed or installed,
nor will any wireless meters or antennas be installed on the property without the express advance
allowance of the Owner/Developer. The same expectations will be implemented for the dedication
of the right-of-way for CR 335 and the LoVa trail.
e. Type or method of fire protection;
Nutrient Farm is located within the Colorado River Fire Rescue (“CRFR”) jurisdiction. All
development on the property will meet all fire protection requirements of the CRFR and comply
with wildfire hazard mitigation/defensible space requirements of the CRFR at the time of building
Narrative – Nutrient Farm Planned Unit Development 68 | Page
permit for each individual building or structure. Wildfire mitigation strategies are encouraged for
all construction and development within Nutrient Farm.
Our Engineering Team has met with Orrin Moon, the Fire Prevention Division Chief, on-site
reviewing the property and discussing the Nutrient Farm PUD Plan Map. The general road design
was reviewed, and all CRFR road design standards will be met with the formal design and
construction of the future roads. All fire flow needs will be met through potable and raw water
storage or water supplies and infrastructure sizing. Specifically, for those portions of Nutrient
Farm served by its own water system, multiple dry hydrants connected to the on-site cisterns or
irrigation and recreational water ponds will be installed throughout the property for emergency use
by the CRFR.
As mentioned before, the new residences in Development Areas 1, 3, and 4 are intended to connect
to the nearby Riverbend system. Numerous fire hydrants are located throughout the existing
Riverbend subdivisions. The existing Riverbend potable system provides about 50,000 gallons of
storage augmented by a 115 gallons per minute (“gpm”) supply flow from their wells. The intent
is for Nutrient Farm to add a 150,000 gallon potable storage tank to bring the fire storage
component up to municipal standards as new residential lots are platted in Areas 1, 3, and 4 in
exchange tap fee credits. New fire hydrants from 8-inch diameter lines will be placed as necessary
so that each new residential lot is within 250 feet of a hydrant.
f. Description of whom or what entity shall be responsible for the provision of and
payment for any facilities available to the community, including but not limited to
open space, common areas, and structures;
A number of public and private trail improvements and Private Open Space Tracts are planned
within Nutrient Farm. Nutrient Holdings has been working with the Town of New Castle to locate
and construct the LoVa through the property. A MOU has been entered into that describes the
broad parameters for the LoVa Trail and discussions are continuing regarding the details. The
LoVa Trail will be constructed in the general location shown on the PUD Plan Map—in the CR
335 80 foot right-of-way and then in a 25 foot wide easement on the eastern side of the property
as it crosses the Colorado River towards Glenwood Springs. In addition, Nutrient Holdings will
grant a public easement large enough to accommodate five parking spaces for trail users in a
parking lot to the south of CR 335. The spaces will be in a shared parking lot on the Nutrient Farm
property for other uses. (These spaces may be relocated to another area near CR 335 by the
Owner/Developer.) The Owner/Developer will be responsible for the construction and
maintenance of these parking spaces and the Town of New Castle, or another designated LoVa
entity besides the Owner/Developer, will be responsible for the construction and maintenance of
the LoVa Trail and all its associated improvements.
Multiple private trails are planned within Nutrient Farm that are open to use by the public but will
be constructed and maintained by the Owner/Developer. (No other public trail easements or land
dedications will be provided to the County or other public entity.) These include an access trail
Narrative – Nutrient Farm Planned Unit Development 69 | Page
off of CR 335 to the Colorado River and numerous private trails located on the southern portion
of the property which will provide valuable recreational opportunities for the residents and visitors
of Nutrient Farm. Over half the property, 608.76 acres/53.6% of the PUD area, will be preserved
as Private Open Space. Scenic views of the mountains will be preserved and important wildlife
habitat and buffer from the lower development area maintained.
In addition, multiple private parks and fields will be constructed on the property for residents and
guests to enjoy, play and picnic on. These will be owned and maintained by the Owner/Developer
of Nutrient Farm and are not part of the above Private Open Space Tracts.
Please refer to the proposed PUD Plan Guide and the above Open Space and Trail responses to
General project concept and purpose of the request, and Explanation of how the PUD is in general
conformance with the Comprehensive Plan – Section 5 – Recreation, Open Space and Trails for
more details.
g. Discussion of impacts on County services, schools, town services and other unique
operations that may be pertinent to a review of the proposed zone change and
methods for mitigation; and
Nutrient Farm will be an asset to Garfield County and its citizens by providing a variety of
economic, transportation, and recreational benefits while requiring a minimal amount of additional
services from the County and the RE-2 Garfield County School District, and no additional services
from the Town of New Castle.
No road, utility, or other infrastructure improvements are requested to be constructed by the
County at this time. Instead, Nutrient Farm will provide all applicable roadway and infrastructure
improvements, and mitigation for any impacts on the County roads. This includes a new Access
Permit from CDOT for the Bruce Road/CR 335 intersection.
As previously noted, multiple private roads will be constructed, owned, and maintained by
Nutrient Holdings. Two new 50 foot rights-of-way will be constructed and offered for dedication
to the County to serve the new residential lots in Areas 1 and 3. (These road will only be
constructed/dedicated when the residential subdivisions are constructed.) Easements will be
granted for the CR 335 right-of-way and LoVa trail. A detailed Traffic Impact Study has been
conducted and concludes that the existing roadway network and adjacent intersections will operate
safely and within an acceptable level of service. No additional improvements to CR 335 are
needed or proposed at this time. If Nutrient Farm is built out to its full potential, future shoulder
widening west of Park Drive to Bruce Road could bring the roadway into compliance with County
Major Collector standards as estimated 2040 background traffic and Nutrient Farm build-out
traffic approaches the 2,501 vehicles per day threshold. All applicable road impact fees per section
4-203.L.4. of the LUDC will be remitted in order for the County to provide maintenance and other
improvements to CR 335 and its corridor as needed in the future. (Please also refer to the Level
III Traffic Impact Study, and our response to General project concept and purpose of the request.)
Narrative – Nutrient Farm Planned Unit Development 70 | Page
In terms of school impacts, the Riverbend PUD Preliminary Map shows a ten acre school parcel
that was dedicated to Garfield County and then transferred to the RE-2 Garfield County School in
1992. (It is still sitting vacant.) Only an additional 18 single-family residential lots are anticipated
and shown on the PUD Plan Map for Nutrient Farm. (The Farm House exists.) Thus, at the time
of any future subdivision for those residential lots, all applicable school land dedication fees per
LUDC section 7-404. will be paid by the Owner/Developer. This is how the Riverbend PUD
Amendment for Filing No. 5 and the accompanying subdivision request were assessed.
We believe Nutrient Farm will have a de minimis impact on the County’s operating costs. No
future capital expenditures for the County attributable to Nutrient Farm are anticipated as no new
road or bridge improvements, utilities, or other infrastructure services are sought from the County
or from the Town of New Castle. As mentioned above, road impact fees and school district fees
will be provided per the LUDC. Nutrient Farm will continue to remit property taxes and new sales
tax revenues will be generated from its agricultural, recreational, retail/commercial uses,
restaurant, camping, and lodging facilities for the County. Thus, Nutrient Farm will be an
economic benefit to Garfield County as opposed to a financial burden.
h. Documentation showing legal access or documentation demonstrating the likelihood
of achieving legal access.
Nutrient Farm is located south of I-70 and the Colorado River, between Glenwood Springs and
New Castle. Access is taken off of 1-70 via Exit 105/Bruce Road, then east onto CR 335. CR 335
bisects the Nutrient Farm property and is contained within the parcels owned by Nutrient Holdings.
CR 335 serves as the only legal access to the property and the nearby existing residential
subdivisions noted above. An 80 foot right-of-way for CR 335 within the property will be formally
dedicated to the County after the Nutrient Farm PUD is approved and the dedication terms are
finalized, and the LoVa Trail agreement with the Town of New Castle is completed. As discussed
before, CR 335 will continue to be maintained by the County and no improvements to CR 335 are
warranted or planned by Nutrient Holdings. The proposed Nutrient Farm PUD has been discussed
at length on several occasions with Wyatt Keesbery, County Road and Bridge Director. Garfield
County has issued a Driveway Permit Number: GRB19-D-9 for the Nutrient Farm Road access
location in April 2019.
As mentioned before, a Conceptual Access, Circulation and Parking Plan for Nutrient Farm has
been attached to the PUD Guide. Multiple public and private streets, roads and driveways will be
constructed by the Owner/Developer to provide access to various portions of the property. A
detailed Traffic Impact Study has also been prepared for Nutrient Farm. The recommendations of
the Traffic Impact Study will be implemented, and the Traffic Impact Study concludes that the
roadway system will continue to operate safely and at an acceptable level of serve with the
development of Nutrient Farm. The projected traffic volumes on Bruce Road at the Colorado
River bridge warrant a new CDOT Access Permit which will be applied for in connection with the
development of the Nutrient Farm PUD. Should Nutrient Farm reach full build-out projections and
vehicle trips exceed County Minor Collector road standards, the western portion of CR 335 could
Narrative – Nutrient Farm Planned Unit Development 71 | Page
be widened to meet County Major Collector road standards. (Please also refer to the Traffic Impact
Study, and our access, circulation, and transportation discussion in General project concept and
purpose of the request.)
Narrative – Nutrient Farm Planned Unit Development 72 | Page
3. PUD Plan – PUD Plan Map (6-302.A.3.a.-p.)
The Proposed Nutrient Farm PUD Plan Map has been prepared by SGM according to the
requirements of 6-302.A.3. A full size/to scale map has been provided in this submittal package
and a reduced copy has been attached to the PUD Guide as Exhibit B – Nutrient Farm PUD Plan
Map. The PUD Plan Map is a conceptual development plan for the property showing the eight
Development Areas and four Private Open Space Tracts, and the location of the various uses
proposed in the PUD.
Narrative – Nutrient Farm Planned Unit Development 73 | Page
4. PUD Plan – PUD Plan Guide (6-302.A.4.a.-d.)
The content and development standards/requirements of both PUD Plan Guide section 6-
302.A.4.a.-d. and Development Standards section 6-401.A.-I. have been contained in the proposed
Nutrient Farm PUD Guide. The PUD Guide contains the permitted uses, addresses density,
housing types, transportation and circulation systems, off-street parking, recreational amenities,
landscaping and trail standards, reclamation efforts, weed mitigation, wildlife mitigation and
phasing for Nutrient Farm. It also contains dimensional standards for the future lots and numerous
development regulations for the improvements on them. As 6-302A.4.a. calls for, development
standards and dimensional regulations such as minimum lot size requirements, setbacks, lot
coverage and building height limitations based upon Table 3-201. are contained within the
proposed PUD Guide. Dimensional Standards and Site Planning and Development Standards,
Article 7, Division 3 of the LUDC have been included in the Nutrient Farm PUD Guide too. The
proposed PUD Guide also contains lighting standards, signage regulations, Solar Energy Systems
standards, future sound study requirements, roadway design requirements, and specifications for
utilities and other infrastructure improvements.
We believe the proposed PUD Guide meets the purpose and intent of the LUDC and provides
appropriate development standards. The following is a discussion of each of the required
development standards of PUD Plan Guide section 6-302.A.4.a.-d., Development Standards
section 6-401.A.-I., and other additional standards contained within the Nutrient Farm PUD Guide.
As required by the LUDC and echoed in the proposed PUD Guide, the County’s zoning regulations
will be applicable to any conditions not contained within the proposed Nutrient Farm PUD Guide.
We believe the proposed PUD Guide is reasonable and appropriate for Nutrient Farm.
Permitted Land Uses and Definitions
The Nutrient Farm community revolves around a biodynamic working farm with agricultural,
residential, and tourist related educational, recreational, and commercial/industrial activities. The
heart of Nutrient Farm and the majority of the usable land will be two fully functional Working
Farm areas providing healthy, organic products and experiences to the public. Eight Development
Areas and four Private Open Space Tracts are proposed in the PUD Guide and have been shown
on the PUD Plan Map for the property. Agricultural and Animal Related Uses, including
Agritourism, and are allowed throughout the Nutrient Farm property. Table 1 in the Nutrient Farm
PUD Guide provides an overview of each of the proposed Development Areas and Private Open
Space Tracts. Please refer to that table and discussion of each Area and Private Open Space Tract
in the earlier response to General project concept and purpose of the request for details.
The proposed Table 2 – Nutrient Farm Land Use Table identifies the allowed land uses within
each Development Area, the required level of review by Garfield County, and specific PUD Guide
or LUDC standards (i.e., Article 7 Standards) that must be followed. Asterisks (*) have been used
to indicate a unique land use, definition, and/or any special requirements and standards that must
be met. The existing LUDC Article 7 Standards requirements are carried forward on proposed
Narrative – Nutrient Farm Planned Unit Development 74 | Page
Table 2 and in the proposed Nutrient Farm Land Use Definitions along with additional
requirements. They only vary from the LUDC in order to provide clarification or to be more
appropriate to the Nutrient Farm community.
Multiple principle uses and structures, Accessory Uses, Buildings and Structures, and Temporary
Uses and Improvements are permitted within an Area, parcel, individual lot, or within a single
building or structure, provided any necessary review and approval is obtained from Garfield
County. Accessory Uses and Improvements are those which are customarily supportive,
secondary, and subordinate to a principal use on the same parcel of land are allowed. The different
types of Accessory Uses and Improvements are identified on the Nutrient Farm Land Use Table
and defined in the Nutrient Farm Definitions, PUD Guide, or the LUDC Definitions of the LUDC
if not defined in the PUD Guide documents.
Similar to the LUDC’s Land Use Table 3-403., the development review procedures/processes for
each land use has been identified on the proposed Table—if the use is a By-Right Use, or requires
an Administrative, Limited Impact, or Major Impact Review. Since Nutrient Farm revolves around
its agricultural practices, Agriculture and Animal Related Uses, including Agritourism, are
allowed in each of the Development Areas. Some modifications to the LUDC are proposed that
we believe to be reasonable based upon the agricultural and mixed-use nature, layout, and size of
Nutrient Farm. We note that some of these have already been allowed for other PUDs in the
County. We believe the review procedures are reasonable and appropriate to ensure the safe and
compatible development of Nutrient Farm. (Please see Table 2 – Nutrient Farm Land Use Table
for the specific land uses and their requirements.)
The new land use definitions and modifications to the LUDC’s definitions have been shown in
blue text in the proposed Nutrient Farm Land Use Definitions so that they may be easily
recognized. The blue will be modified to standard black text once these have been
reviewed/approved by the County. (Please also refer to our earlier responses to General project
concept and purpose of the request and Description of how the proposed development departs
from the otherwise appliable standards of this Code but meets the intent and purpose of this Article
for a discussion of those items that are proposed to vary from the existing LUDC.)
We believe the proposed Nutrient Farm Land Use Table, Definitions, and associated standards are
appropriate for Nutrient Farm and compatible with the nearby residential development and the
natural environment.
Density
As mentioned before, the overall density for Nutrient Farm is difficult to calculate due to the
agricultural nature and many open-air uses on-site. The Water Adequacy Report and the Traffic
Impact Study indicate the potential maximum scale and intensity of Nutrient Farm with building
square footages as well as visitor amounts and vehicle trips. The shown square footages reflect
the size of the buildings at final build-out. Most of these buildings will start out on a much smaller
scale and then expanded as needed based on visitor levels. (Please see the Water Adequacy Report
Narrative – Nutrient Farm Planned Unit Development 75 | Page
and the Traffic Impact Study for more information and our earlier response to General project
concept and purpose of the request.) A small amount of residential density—18 new residential
lots (the existing Farm House has already been included in the existing subdivisions calculations),
are currently proposed for the Nutrient Farm PUD. We believe the 18 new residential lots and
enclosed and open-air uses are rather modest in relation to the 1,136 acre property. All the proposed
residential, agricultural, recreational, entertainment and commercial activities can be adequately
served by the proposed water, wastewater, utilities, and infrastructure improvements. Nonetheless,
when translating existing allowed uses and density and intensity with what is proposed, this new
proposal is far less intensive in terms of density, impacts, development, and other similar
considerations. There is a specific density section in the PUD Guide as well. Thus, the Nutrient
Farm PUD complies with the existing density of the Riverbend and Coal Ridge PUDs, as well as
the LUDC and the Comprehensive Plan. We believe the proposed Nutrient Farm PUD contains
an appropriate level of development for the property. (Please refer to the above detailed response
to Method and calculation used to determine overall project and specific use type densities.)
Housing Types
A variety of residential housing units will be provided throughout the Nutrient Farm property.
Market rate lots/homes, ADUs, On-Site Employee Housing units, Bunkhouses, campground, and
lodging units are planned. All residential home sizes will be limited with the design standards
contained within the PUD Guide in order to promote compatibility with the nearby homes. (Please
refer to the Lots discussion below in response to PUD Plan Guide for more information on the
proposed lot standards and site design requirements in relation to the nearby existing lots/homes.)
Although Nutrient Farm is not located in that portion of the County required to abide by Article 8
Inclusionary Zoning For Housing, on-site housing for individuals working in Nutrient Farm are
planned. The Owner/Developer of Nutrient Farm understands that the availability of housing
impacts an individual’s quality of life. In order to attract and keep valuable employees, it is
important to provide housing for them. Bunkhouses and On-Site Employee Housing units are
allowed on the Working Farm areas, and on the south and western portions of the property in Areas
5-8. No unit count or size for these have been specified in the PUD Guide. They will be either
free standing units or integrated into the design of the other main buildings such as the agricultural
processing buildings, Camp Store, Lodge, and Health and Wellness Retreat. The On-Site
Employee Housing units will not be used as short term rental units. Similarly, Bunkhouses, living
and sleeping areas for seasonal and year-round employees working on the farm, are also planned.
These units are commonly known as “Hired Hand Quarters” and will not be used as short term
rental units either. (The On-Site Employee Housing and Bunkhouse units are not required by the
LUDC and will not be restricted as such.) Additional studies will be submitted for review and
approval and any fees remitted prior to the construction of any of these units on Nutrient Farm.
Visitor accommodations including a lodge (combined with the Health and Wellness Retreat or
stand-alone facility) and a campground providing a full range of camping options including tent,
RV sites, and furnished cabins, are proposed on the south-western portion of the property in
Narrative – Nutrient Farm Planned Unit Development 76 | Page
Development Area 8. These will provide guests of Nutrient Farm an opportunity to stay on
property and immerse themselves in the various organic, holistic, and recreational amenities during
their visits.
All of these housing types and uses are listed on proposed Table 2 – Nutrient Farm Land Use Table
and restricted by the various development standards and provisions of the PUD Guide.
Access, Transportation and Circulation Systems
Nutrient Farm is located south of I-70 and the Colorado River, between Glenwood Springs and
New Castle. CR 335 bisects the property and connects to I-70 via Bruce Road/Exit 105. CR 335
serves as the legal access to all areas of the Nutrient Farm PUD. As discussed in detail earlier in
this Narrative, all roads within Nutrient Farm will be designed to provide adequate, safe, and
efficient access and circulation for the property. Road design standards have been included in the
PUD Guide in an effort to minimize site disturbance and hard surfaces within Nutrient Farm. A
Conceptual Access, Circulation and Parking Plan (“Plan”) for Nutrient Farm has also been
attached to the PUD Guide. Multiple public and private streets, roads and driveways will be
constructed by the Owner/Developer to provide access to various portions of the property and its
uses. The Plan shows the locations of the 80 foot right-of-way for CR 335 and the two new 50
foot public rights-of-way that will be constructed and dedicated to the County off of CR 335 to
serve the new residential lots in Development Areas 1 and 3 adjacent to the Colorado River. (These
road will only be constructed/dedicated when the residential subdivisions are constructed.)
Nutrient Farm Road and all other private streets, roadways, driveways, and associated
improvements in Nutrient Fam will be constructed and maintained by Owner/Developer, or its
designees or successors in interest, unless and until the roads are dedicated and accepted by
Garfield County for public maintenance.
A Traffic Impact Study has also been prepared for Nutrient Farm in accordance with section 4-
203.L. submittal requirements. Its recommendations will be followed, and the Traffic Impact
Study concludes that the roadway system will continue to operate safely and at an acceptable level
of service with the development of Nutrient Farm. The projected traffic volumes on Bruce Road
at the Colorado River bridge warrant a new CDOT Access Permit which will be applied for in
connection with the construction of the PUD improvements. If/when estimated 2040 background
traffic and Nutrient Farm build-out traffic approaches the 2,501 vpd threshold for Major
Collectors, potential future shoulder widening west of Park Drive to Bruce Road could bring CR
335 into compliance with County major collector standards. Calculations of the future potential
public road improvement fees in the corridor have also been provided, but actual road
improvement fees will be determined at the time of development per the LUDC.
We believe the proposed roadway standards are appropriate for Nutrient Farm and will provide
safe and adequate access to all the Development Areas and the various uses on the property.
Residential and commercial vehicle trips have been accommodated, as well as safe pedestrian and
bicycle circulation are provided with the multiple public and private trails on the property. The
Narrative – Nutrient Farm Planned Unit Development 77 | Page
private roads and parking areas have been designed to work with the existing topography and avoid
unnecessary site disturbance.
For more information on the road standards and layout for Nutrient Farm, please refer to the Traffic
Impact Study and our prior responses to General project concept and purpose of the request and
Explanation of general conformance with the Comprehensive Plan.
Off-Street Parking and Loading
As mentioned earlier, Off-Street Parking and Loading standards have been included in the PUD
Guide that will supersede those of the LUDC. They closely resemble the LUDC and require
compliance with section 7-302. Off-Street Parking and Loading Standards of the LUDC except for
Table 7-302.A. regarding the amount of parking spaces for each land use, the location of the
parking stalls, and surfacing/striping provisions for the parking stalls, loading areas, aisles, and
access drives. The LUDC’s clear vision area and dimensional requirements for parking stalls,
access drives and drive aisles will be met. These departures are requested in an effort to minimize
the amount of site disturbance and paving in the PUD area and are only for the non-residential
uses. Specifically, all residential uses will meet the requirements of the LUDC except for Table
7-302.A. Minimum Off-Street Parking Standards by Use. The PUD Guide contains the residential
off-street parking standards for Nutrient Farm: two parking spaces for each single-family
residential unit; one parking space for each ADU; and one space per bedroom for any Employee
Housing or Bunkhouse unit.
All County and State Campgrounds and Recreational Areas design requirements for parking stalls,
lots, aisles, and access drive will be met. Permanent parking and loading stalls, lots, aisles, and
access drive widths will meet the dimensional requirements of 7-302. and the clear vision area
requirements of 7-303.I., but the parking spaces will be natural earth/grass or gravel surfaced and
not striped in order minimize site disturbance in the PUD area. Gravel requires continuous
maintenance in high use areas (i.e., heavy truck traffic or turning movements), so concrete or other
material such as heavy road base may be used in the future in such areas. Paving will be at the
discretion of Nutrient Farm. All paved areas will conform to the geometric requirements of the
LUDC and all applicable permits will be obtained from the County for the paving. As each building
and/or use is constructed, the associated parking area, at a minimum, shall be constructed. Additional
parking areas may be constructed but are not required.
Nutrient Farm is a unique agricultural community with a variety of land uses. Table 7-302.A. of
the LUDC regarding the amount of parking spaces for each land use does not include many of the
Nutrient Farm non-residential land uses. Additionally, Nutrient Farm guests are expected to engage
in multiple indoor and outdoor activities on the property during their visit. As such, Nutrient Farm
developed parking estimates based on our own projections, timing assessments (seasonal uses),
and combined needs of all uses, and developed the parking layout shown on the Conceptual
Access, Circulation and Parking Plan. (The parking lot locations are conceptual and may be
modified based on field conditions at the time of site specific development review to meet the design
Narrative – Nutrient Farm Planned Unit Development 78 | Page
requirements specified in this PUD.) A total minimum of 842 permanent parking spaces in shared
surface parking configurations are proposed for all indoor and outdoor uses in Nutrient Farm.
These include parking for all the permanent non-residential enclosed buildings and for all the
outdoor agricultural, recreational, and entertainment activities in Nutrient Farm that are not held in
an enclosed building. Many of these are seasonal uses and will not require year-round parking spaces.
These include, but are not limited to, such uses as u-pick orchards, corn mazes, Nursery, tree farm,
Forestry, Animal Keeping, Ultralight Operations, Motor Sports Center/OHV Park, all Outdoor
Recreation uses—Adventure Farm Activities, Land Activities, River Activities, Water Activities,
Winter Mountain Activities, and the Outdoor Music and Entertainment Area. The LoVa Trail five
public parking spaces have also been included. Any additional land use or change of use for the
outdoor activities in Nutrient Farm will be reviewed and acted upon by Garfield County and may be
assessed additional parking requirements should the above amount be determined as insufficient to
meet the additional parking needs.
Short-term, non-permanent parking spaces will also be provided on-site for all Nutrient Farm
Events or music/entertainment performances with an expected attendance of 350 people or more
per the Temporary Parking Plan. These will be located entirely on the property, not within the CR
335 right-of-way. These spaces will not be formalized with paving or striping, but rather with
signage, cones, and flagging to delineate the spaces, and parking attendants will help guide guests
to these temporary parking areas. The Temporary Parking Plan has been described in the PUD Guide
and the temporary spaces will be allowed in Development Areas 3, 5-8 of Nutrient Farm.
We believe the proposed parking standards are appropriate for Nutrient Farm and exceed the
County’s parking requirements as additional un-enclosed and temporary parking requirements
have been included in the proposed PUD Guide. (Please refer to our previous response to General
project concept and purpose of the request and the proposed PUD Guide and the Conceptual
Access, Circulation and Parking Plan for specific parking requirements and locations.)
Recreational Amenities
As already mentioned, numerous public and private trails will be constructed on the property, and
over 608 acres of Private Open Space will be provided. These include the LoVa Trail that will run
west to east through the property within the CR 335 right-of-way and then within a 25 foot public
trail easement on the eastern portion of the property and across the Colorado River. In addition, a
public easement area sized to accommodate five parking spaces for LoVa trail users is included in
a parking lot to the south of CR 335 in Development Area 6. The specifics of construction,
dedication, and ownership of these are contained in the PUD Guide and have been discussed earlier
in this Narrative. (Please see the PUD Guide for location, construction, and dedication details, and
our previous responses to General project concept and purpose of the request and Explanation of
General Conformance with the Comprehensive Plan for more information on the LoVa Trail and
the recreational amenities within Nutrient Farm.)
Narrative – Nutrient Farm Planned Unit Development 79 | Page
In addition to the public and private trails, many more private recreational amenities will be
available on Nutrient Farm. These include the outdoor recreational activities on the southern and
western portions of the property. The outdoor recreational activities include: those in the
Adventure Farm such as the corn mazes and zip lines; land activities revolving around the trails
and tracks for biking, ropes courses, alpine coaster rides, and sports fields; water activities such as
a water park for kayaks and paddleboards; and winter mountain activities including
sledding/tubing hills, snowmobile trails, and ice skating. Multiple private parks and fields will be
constructed on the property for people to enjoy, play, and picnic on. (These are not part of the
Private Open Space Tracts.) Like the private trails, these will be constructed and maintained by
the Owner/Developer of Nutrient Farm. Thus, Nutrient Farm will provide a wide array of public
and private recreational amenities on-site.
Lots
The PUD Guide anticipates future residential subdivisions as discussed in detail throughout this
Narrative and contains regulations for the future improvements on the lots in Nutrient Farm. Table
3 of the PUD Guide contains dimensional lot standards and setbacks requirements for future
improvements, and Table 4 contains the allowed setback encroachments for projections, and
Tables 5 and 6 contain the height regulations. Once again, these have been based on the Zone
District Regulations in Article 3 and Table 3-201. of the LUDC, with some modifications, in order
to be more applicable to Nutrient Farm and ensure compatibility within the PUD and with the
nearby existing homes.
As noted already, the original Riverbend PUD area has been developed with a number of
residential subdivisions. Per Assessor records and plats, 75 residential lots have been platted in
the original Riverbend PUD boundaries since the Riverbend PUD was approved.
Existing Subdivisions Within the Riverbend and Coal Ridge PUD Areas
Subdivision
Number of Lots Lots Sizes
(Acres)
Riverbend Filing No. 1 17 SFRs 0.33 - 0.67
Riverbend Filing No. 2 29 SFRs 0.46 - 0.82
Riverbend Ranchettes 3 SFRs (3 originally. Lot C with 1 SFR re-subdivided into
Cedar Ridge.) 1.73 - 2.12
Cedar Ridge Subdivision 3 SFRs (1 from Riverbend Ranchettes included. Double
counted for a conservative analysis.) 3.36 - 4.54
Riverbend Filing No. 5 11 SFRs + 5 Duplex Lots (5 x 2 = 10 Lots) 0.33 - 0.41
Matthies Exemption 2 SFRs (On-site Farm House and off-site Lake Residence) 3.39 - 36.67
Total 65 SFRs + 10 from Duplex Lots = 75
The proposed PUD Guide development standards will yield lots and future homes in compliance
with the LUDC and compatible in size and scale to those in the nearby subdivisions. The
Riverbend Preliminary Map calls for lots in Blocks 8-10 to be, “1/2 acre more or less” and no other
Narrative – Nutrient Farm Planned Unit Development 80 | Page
development standards for the homes are mentioned on the Preliminary Map. The adjacent
Riverbend, Filing No. 5 allows for 11 single-family and five two-family/duplex lots. The design
standards call for a 14,000 square foot minimize lot size and 25 foot height limitations in both the
single-family and two-family zone districts. A 30% maximum lot coverage and a FAR of 0.15/1.00
(1:6.65) is called out for single-family while a 50% maximum lot coverage and a FAR of 0.25/1.00
(1:4) is called out for the two-family lots.
Proposed Table 3 – Zone District Dimensions – Lot Standards and Setbacks contains the proposed
minimum lot area, maximum lot coverage, maximum FAR and minimum setbacks for each of the
Development Areas and Private Open Space Tracts. In order to be compatible with the nearby
Riverbend homes, all new residential lots have been designated for single-family use with a
minimum of 21,780 square feet (0.50 acre) size, except for the new residential lot in Area 5 which
will be a minimum of 1.00 acre in size, and the Farm House residential lot in Area 2 which will be
a minimum of 35 acres in size. All residential lots will be limited to a 35% maximum lot coverage
and FAR. These standards will produce larger, less developed lots than the Rural Suburban zoning
district of the LUDC. Rural Suburban allows for smaller lots with bigger homes by requiring a
minimum of 20,000 square feet lot size, and allowing a 50% maximum lot coverage and FAR,
with the same setback requirements. The only larger lots of the LUDC are those in the Rural zoning
district with a minimum of two acres that allows a 50% maximum lot coverage and FAR. In terms
of recent precedent, the Aspen Valley Polo Club PUD contains two residential areas —one with
0.75 acre lots and the other of 0.25 acre lots. The larger lots are allowed a 35% lot coverage and
30% FAR, while the smaller lots are allowed a 25% lot coverage and a 30% FAR. A modification
was requested to allow some of the larger lots to be reduced to 0.25 acre in size.
Per the Nutrient Farm PUD Guide, ADUs are allowed on each residential lot and specific standards
have been proposed for them that vary slightly from the LUDC. They are required to follow the
standards of 7-702., but there is no additional minimum lot size or minimum lot area, and no
additional rear yard setback required for them beyond those shown on Table 3. (Please see Table
3 of the PUD Guide for details.) Similarly, a Guest House is allowed on the 35 acres lot of
Development Area 2 for the relatives and guests of the Owner/Developer.
Development Areas 5-8 follow the commercial requirements of the LUDC—with a 7,500 square
foot minimum lot size, 85% commercial maximum lot coverage, 50% commercial FAR, and
LUDC commercial specified setbacks. (Once again a 25 foot front yard setback will be required.)
These same commercial standards are proposed for any buildings or structures developed within
the Private Open Space Tracts. Development Areas 5-8 are considered to be industrial zoned
property for the application of section 7-1001. of the LUDC.
Thus, we believe the proposed lot and site design standards for Nutrient Farm are reasonable and
compatible in size with the nearby existing lots and will produce compatible sized homes of the
Riverbend subdivisions. The recorded plats show the Riverbend Filing No. 5 lots to range from
0.33 to 0.41 acre. The four existing Riverbend Filing 5 lots directly adjacent to the five proposed
lots in Development Area 1 range in size from 0.32 to 0.35 acre (0.35; 0.35; 0.35; and 0.32 for
Narrative – Nutrient Farm Planned Unit Development 81 | Page
two-units). To the east of Development Area 1 is Lot A, Riverbend Ranchettes which is 2.00 acres
in size. The five existing Riverbend Filing No. 5 lots directly adjacent to the 10 lots in
Development Area 3 range in size from 0.35 to 0.41 acre (0.36; 0.36; 0.35; 0.35; and 0.41 for two-
units). The two new residential lots off of Riverbend Drive in Development Area 4 will be located
next to a 0.82 acre lot and across from a 0.52 and a 0.53 acre lot in Riverbend Filing No. 2,
Amended.
The 18 new lots will be a minimum 0.50 acre (21,780 square feet) and 1.00 acre in size, and the
future homes on these lots will be limited to the LUDC’s 25 foot height and setback limitations,
and a 35% maximum lot coverage and maximum FAR. These standards are more restrictive than
the LUDC’s Rural Suburban zoning district—resulting in less site intensity and smaller homes.
The proposed 0.50 acre and greater size requirements also abide by the original Riverbend
Preliminary Map that calls for lots in Blocks 8-10 to be, “1/2 acre more or less.” No life/safety or
Building Code requirements will be compromised with the PUD Guide’s proposed standards and
no negative impacts to the surrounding properties are anticipated. We believe the proposed
standards of the PUD Guide are reasonable and will ensure the future lots and improvements on
them to be appropriate for the proposed uses and compatible with the surrounding nearby
residential uses.
Building Height
All buildings and structures are limited in height by the proposed PUD Guide and will be measured
according to the LUDC in effect at the time of building permit. Because Nutrient Farm is a mixed-
use community and various uses are located throughout it and next to each other, all building
heights are limited by the land use which they are associated with rather than by the Development
Area (i.e., zoning district) in which they are located, except for the Farm House which is limited
to 40 feet in height, and any associated Guest House or accessory improvements in Development
Area 2 which are limited to 35 feet. For instance, all the rest of the single-family homes are limited
in height to 25 feet, while a commercial type of building is limited to 40 feet in height. We believe
the 40 feet for the Farm House in Development Area 2 is reasonable based on the large 35 acres
size of Development Area 2, its location, and distance from other existing residences. No views
will be blocked nor shadows created by these structures. We note that homes over 25 feet tall have
been allowed in the past. For instance, the Aspen Glen PUD allows 32 foot tall homes in their 2
Acres Residential Zone District and the Los Amigos PUD (Elk Springs) allows 30 foot tall homes
in their Single-Family Residential District of two acres and their Rural Residential District of 35.
Thus, single-family homes of 30 and 32 feet tall have already been allowed in the Los Amigos
PUD (Elk Springs) and the Aspen Glen PUD.
As noted in the PUD Guide, Solar Energy Systems are contemplated for the northern portion of
Development Area 6, Development Area 3, and possibly on Development Area 5 as needed, to
provide power to Nutrient Farm’s non-residential uses. Location, setback, height, landscaping,
and other provisions have been addressed in the PUD Guide. This section notes that the ground
mounted systems collectors will be less than 15 feet tall and the supporting accessory buildings
Narrative – Nutrient Farm Planned Unit Development 82 | Page
and infrastructure improvements will then be limited by the PUD Guide’s Table 5 limitations for
Utilities. (Please also see the below Solar Energy Systems discussion for more details.)
The remaining proposed 25 foot single-family height limitation and 40 foot commercial height
limitations match those of the LUDC. The proposed height requirements mimic those of the LUDC
and provide additional clarification and restrictions for various Temporary and Accessory
Buildings, Improvements, and Uses in the Development Areas and Private Open Space Tracts.
(Please refer to the PUD Guide’s Height Standards for details.)
Phasing
Nutrient Holdings would like to begin construction of Nutrient Farm as soon as the PUD is
approved and recorded. Since Nutrient Farm revolves around its Working Farms, construction of
the improvements related to the Working Farm areas will begin first. In general, Nutrient Farm
will be developed in three phases as reflected in the PUD Guide and discussed earlier in this
Narrative. However, due to the large amount of land and many possible land uses, development of
Nutrient Farm will take some time. As mentioned earlier, the Owner/Developer intends to enter
into a Development Agreement (“Agreement”) concurrently with Garfield County with this PUD
request to provide details allowing for the phased land development of Nutrient Farm, an extended
vesting rights period, and other development details. (Please see our previous detailed responses
to General project concept and purpose of the request regarding phasing and the Development
Agreement for more information.)
Landscaping—Parks, Trails, and Rights-of-Ways
Nutrient Farm will strive to maintain the rural mountain character of the County and blend in with
the nearby residential development and surrounding landscape. A number of landscaping and
trails, pathway, and walkway design standards are contained within the PUD Guide to accomplish
this. Landscaping will be installed for all new public and private roadways within Nutrient Farm
as well as within the private parks and open spaces. (Not along CR 335, the agricultural access
roads, nor within the four Private Open Space Tracts.) As noted in the Nutrient Farm PUD Guide,
the Reclamation Standards of 7-208. and 4-203.E.18. of the LUDC will be followed, and
Reclamation Plans for the Vulcan Ditch irrigation improvements and PUD property have been
prepared and already implemented for the construction activities related to the Vulcan Ditch
improvements. A Weed Management Plan has also been prepared and implementation has already
begun.
The LoVa Trail and all associated improvements will be constructed by others within the CR 355
right-of-way and within the 25 foot wide public trail easement on the eastern portion of the
property as it crosses the Colorado River. No design standards for it have been contained within
the PUD Guide and it will be the responsibility of the trail constructor to abide by all County
requirements and obtain any necessary permits prior to construction. (Please see the Nutrient Farm
PUD Guide for trail location, construction, and dedication details, and our previous responses to
Narrative – Nutrient Farm Planned Unit Development 83 | Page
General project concept and purpose of the request and Explanation of general conformance with
the Comprehensive Plan for details.)
Signage
As discussed above, the PUD Plan Guide includes specific signage standards relating to the height,
lighting, placement, and quantity for the signs within the proposed PUD, tailored to the nature of
the uses and development of Nutrient Farm, yet still consistent with the LUDC guidance on the
nature and appearance of signage. We believe the proposed Signage Standards are reasonable and
appropriate for the mixed-use nature of Nutrient Farm. (Please refer to the PUD’s Signage
Standards, Tables 9 – Allowed Signs and Table 10 – Nutrient Farm Allowed Signs Design
Requirements, and the Definitions that have been attached to the PUD Guide for details.)
Exterior Lighting
In addition to the standards required to be contained in the PUD Guide per sections 6-302.A.4.
PUD Plan Guide and 6-401. Development Standards, lighting design standards have also been
proposed in the PUD Guide. These are intended to minimize light pollution and conserve energy
while providing adequate lighting for safety and security. The proposed Lighting Standards
encompass and supersede those of section 7-304. of the LUDC as additional details have been
proposed regarding prohibited lighting and exempt lighting for Nutrient Farm. (Please refer to the
Exterior Lighting Standards of the PUD Guide for details.)
Sound Standards
Although not required by the LUDC for PUD Plan Guides, Sound Standards have been included
in the Nutrient Farm PUD Guide. It is our intent that any sound emanating from the recreational,
entertainment, or commercial activities does not create a public nuisance. As discussed earlier in
this Narrative under General project concept and purpose of the request, future sound studies will
be provided at site specific development that could potentially need mitigation. We have already
conducted preliminary sound studies that indicate that with proper sound planning and mitigation,
such as varying the speaker intensity, speaker orientation, and the construction of wall/berms/
landscaping barriers, County/State sound level requirements will be met. (Please refer to the PUD
Guide, the Impact Analysis Report, and Sound Modeling and Testing Report for details.)
Solar Energy Systems
Solar Energy Systems may be constructed in Nutrient Farm as ground mounted or roof mounted
systems providing clean sustainable energy to Nutrient Farm. Solar Energy Systems will be
constructed on the northern portion of Development Area 6, on Development Area 3, and
potentially Development Area 5, as needed, to provide on-site generated heat and electricity for
the buildings in Nutrient Farm. The Nutrient Farm Solar Energy Systems will not supply any
properties outside of the PUD’s boundaries. Solar collectors will be mounted facing south to
Narrative – Nutrient Farm Planned Unit Development 84 | Page
maximize solar exposure and efficiency. The Solar Energy Systems are designed to collect
incoming sunlight rather than reflecting it.
The ground mounted collectors will be less than 15 feet tall, located outside of the Colorado River
floodplain, and set back a minimum of 25 feet from any adjacent existing residential property
outside of the Nutrient Farm PUD boundaries regardless of the front, rear, or side yard setback
designation. Associated pipes, pump houses, energy buildings and other system components will
be constructed including a PTES. (These are not limited to 15 feet in height, but rather by Table 5
of the PUD for Utilities.) A fence, per the provisions of the PUD Guide, will be installed around
any solar energy system and PTES for safety purposes.
Trees will be planted in natural groupings within the 25 foot setback to any existing residential
property outside of the Nutrient Farm PUD boundaries regardless of the front, rear, or side yard
setback designation, and around the remaining perimeter of the system to help it blend into the
natural terrain. Native grass seed will be sowed underneath the solar collection system. Thus, it
will be possible to see over and through the systems. This design will also maintain habitat for
birds and wildlife, allow rainwater to flow underneath the systems, and provide natural stormwater
absorption and erosion control. Should the system ever be removed, or reduced in size, all
disturbed areas will be revegetated with native grass seed and, if needed, the ground re-contoured
to approximate natural grade.
All Solar Energy Systems will comply with 7-1101.A. of the LUDC regarding signage.
Informational signage may be installed around the Solar Energy System to educate guests about
the renewable energy system.
Solar Energy Systems may be constructed in other Development Areas according to Table 2 –
Nutrient Farm Land Use Table and all applicable provisions and review process of this PUD Guide.
There are no environmental or health hazards associated with solar energy. No air pollution,
chemicals leaching into the soil or groundwater, or permeating harmful electromagnetic fields. No
additional water use, employees, or parking are required for solar systems. No additional traffic
will be generated either. We only anticipate occasional maintenance activities after the systems
are constructed. Thus, the Nutrient Farm ground mounted solar systems will not block any views,
generate loud noise or additional constant traffic, or cause any environmental degradation.
Landscaping will be installed around the systems and the areas revegetated to preserve wildlife
habitat and promote stormwater absorption. The Nutrient Farm solar systems are a rather benign
use that are compatible with the nearby uses inside and outside of the PUD.
Other Standards and Requirements
The PUD Guide also contains information on Nutrient Farm’s infrastructure improvements such
as water and wastewater disposal systems, utilities, and fire protection that have already been
discussed above in response to PUD Plan – Technical Descriptions (6-302.A.2.a.-h.), and other
Narrative – Nutrient Farm Planned Unit Development 85 | Page
standards regarding the Protection of Waterbodies and Wildlife that have also been discussed
under Explanation of how the PUD is in general conformance with the Comprehensive Plan –
Natural Resources. As noted above, future sound modeling studies for any potential sound
nuisances such as the Motor Sports Center/OHV Park and the Outdoor Music and Entertainment
areas have been required by the PUD and Solar Energy Systems design and mitigation have also
been addressed.
Conclusion to PUD Plan Guide (6-302.A.4.a.-d.)
The Nutrient Farm PUD Guide has been thoughtfully designed to create an agricultural mixed-
used community revolving around its working farm that is compatible not only with the land it is
on, but also the nearby residential uses. All required standards and provisions as called for in the
LUDC have been quite thoroughly addressed in the proposed PUD Guide, as outlined above.
Narrative – Nutrient Farm Planned Unit Development 86 | Page
F. PUD ZONING – REVIEW CRITERIA (6-202.C.1-5.)
Per section 6-202.C.1.-5. of the LUDC, five criteria have been established which must be met in
order for a PUD zoning request to be approved. The criteria are meant to ensure development is
appropriate, compatible, and not harmful to the public health, safety, and welfare. We believe the
proposed Nutrient Farm PUD meets the criteria well and will be a benefit to the Garfield County
community. Each of the following review criteria of section 6-202.C. has been discussed below
in detail.
1. Purpose and Applicability. The PUD meets the purpose and applicability of this Code, as
provided in section 6-101.A. and B.
2. Development Standards. The PUD meets the Development Standards as provided in
section 6-401.
3. Standards, Article 7. The PUD meets the standards within Article 7, Division 1, excluding
7-101.
4. Rezoning Criteria. The PUD meets the Rezoning Review Criteria in section 4-113.C.
5. Established Zoning Standards. The PUD Plan adequately establishes uses and standards
governing the development, density, and intensity of land use by means of dimensional or
other standards.
Narrative – Nutrient Farm Planned Unit Development 87 | Page
1. Purpose and Applicability. The PUD meets the purpose and applicability of this Code,
as provided in section 6-101.A. and B.
The proposed Nutrient Farm PUD meets the purpose, intent, and applicability of PUD zoning as
provided in sections 6-101.A. and B. of the LUDC. The intent of PUD zoning is to encourage
innovation and flexibility in the planning and design of land so that the development is compatible
with its surroundings. We strongly believe that our PUD proposal squarely fosters those key
concepts of innovation, flexibility, and compatibility. Single or contiguous parcels of land
comprising two acres or more are eligible for PUD zoning. The proposed Nutrient Farm PUD area
is well over the two acre minimum size requirement.
The proposed Nutrient Farm PUD seeks to establish a new PUD for the property revolving around
a biodynamic working farm with agricultural, residential, outdoor recreational/entertainment and
commercial/industrial tourist activities. A variety of land uses and specific development standards
have been proposed in the PUD Guide to foster the compatible and orderly development of
Nutrient Farm so that it blends into the nearby residential development pattern and the natural
landscape.
The existing Coal Ridge PUD will be formally vacated and the Riverbend PUD amended
concurrently in order to allow for the Nutrient Farm PUD. The proposed Nutrient Farm PUD is
much more compatible with the nearby residential uses than what is currently allowed. We see
this as an opportunity to replace a rather old and convoluted PUD that has a history of small,
isolated modifications, with a comprehensive PUD that better conforms to current LUDC
standards and expectations and goes back to original agricultural and residential intent of the
original Riverbend PUD and the rural mountain character of the community.
Narrative – Nutrient Farm Planned Unit Development 88 | Page
2. Development Standards. The PUD meets the Development Standard as provided in
section 6-401.
6-401. DEVELOPMENT STANDARDS
A. Permitted Uses
B. Off-Street Parking
C. Density
D. Housing Types
E. Transportation and Circulation
F. Recreational Amenities
G. Building Height
H. Lots
I. Phasing
As recently discussed above, a number of specific development standards must be contained within
the proposed PUD Plan Guide. These include those listed under PUD Plan Guide (6-302.A.4.a.-
d.) as well as the Development Standards contained in 6-401.A.-I.. Section 6-401.A.-I. lists the
Development Standards which must be met at the time of PUD zoning and allows the applicant to
request, and the BOCC to grant, a modification to any of the specific standards or requirements
which the land would otherwise be subject to if it is demonstrated that the proposed regulations
and standards would support the purpose of the PUD.
We believe the proposed PUD Guide meets the purpose and intent of the LUDC well and provides
appropriate and reasonable development standards. The Nutrient Farm PUD Guide is reflective of
the LUDC in terms of its structure, form, and content, and in fact incorporates the existing LUDC
land uses, definitions, standards, and requirements whenever viable. The Nutrient Farm PUD
Guide builds upon and expands the various provisions of the LUDC with specificity tailored to the
unique agricultural, residential, recreational, and retail/commercial related activities on Nutrient
Farm. The proposed departures are sought in order to create a cohesive development. Additional
standards have also been included related to a variety of specific uses such as Solar Energy
Systems, sound standards, and Nutrient Farm Events—again, in order to ensure the innovative yet
orderly development and compatibility of Nutrient Farm with its surroundings.
The PUD Guide specifically regulates and addresses: the existing and proposed uses; housing
types; density/intensity; lot size; building locations/setbacks; building heights; fences; parking and
loading; reclamation; weed management; landscaping; forest management; trails, pathways and
walkways; exterior lighting; ADUs; Animal Keeping; Guest Houses; Food Trucks; Nutrient Farm
Events; temporary improvements; signage; access and circulation systems; water systems;
wastewater systems; utilities; Solar Energy Systems; fire protection; soils/geotechnical hazards;
floodplains and protection of water bodies; wildlife protection; snow storage; open space and
recreational improvements; public dedications of CR 335; and the public LoVa Trail and parking
area easements.
Narrative – Nutrient Farm Planned Unit Development 89 | Page
The health and safety standards of the Building Code will not be compromised and negative
impacts to adjacent properties will not be created. All LUDC content requirements have been
included in the proposed Nutrient Farm PUD Guide. The existing Coal Ridge PUD will be vacated
and the Riverbend PUD will be amended and replaced with the Nutrient Farm PUD—which will
be much more appropriate and compatible not only for the surrounding residential uses but for
Garfield County as a whole.
Narrative – Nutrient Farm Planned Unit Development 90 | Page
3. Standards, Article 7. The PUD meets the standards within Article 7, Division 1,
excluding 7-101. (See reference to section 4-203.M regarding Water Supply in section
7-104.)
Article 7, Division 1 contains the General Approval Standards for all proposed Land Use Changes,
unless a use is specifically exempted from the standards elsewhere in the LUDC. Many of these
General Approval Standards are also specifically required in the PUD submittal requirements and
have been discussed already in detail. For instance, 6-302.A. Description of Submittal
Requirements, requires a written description of the PUD Plan explaining how it is in general
conformance with the Comprehensive Plan, and technical descriptions of the water systems,
wastewater facilities, public utilities, and information such as fire protection for the proposed PUD
development. Consequently, for ease of reference, each Article 7, Division 1 Standard has been
listed below and responses have been provided. For the sake of brevity, if the criteria has already
been addressed under another submittal or review criteria, information on where to find the
response in this Narrative has also been provided.
a. 7-102. Comprehensive Plan and Intergovernmental Agreements
The Nutrient Farm PUD is in general conformance with the Comprehensive Plan 2030. It not only
conforms with but furthers numerous vision statements, goals, policies, and strategies/actions
identified in the Comprehensive Plan’s ten Plan Elements.
The Nutrient Farm PUD is a mixed-use community revolving around a working farm with
agricultural, residential, and tourist-oriented education, recreational, and commercial activities.
With its unique focus on sustainable organic and biodynamic farming practices, Nutrient Farm
will help preserve agricultural land and the rural mountain character of the Colorado River Valley
that have been identified as important community qualities, while also helping to diversify the
economy. Stable seasonal and year-round jobs in the agricultural, tourism, and retail/commercial
areas related to the same will be created. In addition to the new jobs, single-family residential lots,
ADUs, and On-Site Employee Housing/Bunkhouses will be created within Nutrient Farm.
As far as we can surmise, Nutrient Farm will be the first operation of this nature in the area, and
thus will help diversify the County’s economy, provide a variety of on-site housing options, and
offer numerous public and private recreational opportunities to the residents and guests of the
County. Nutrient Farm’s agricultural practices, energy systems, and utilities will be sensitive to
the land with its sustainable ecological practices, and thereby offer a unique attraction in the
County by promoting healthy agricultural, educational, and recreational and commercial related
amenities—“agritourism.” With opportunities to play and connect in an outdoor agricultural
environment, Nutrient Farm will help to improve the overall quality of life for its residents and
guests. Nutrient Farm will provide local families and guests a chance to visit a working farm and
engage in its activities. Healthy food and recreational options—a restaurant, Farm Store, Health
and Wellness Retreat, spa, arts, and entertainment will be provided. Nutrient Farm will be a benefit
to the entire County.
Narrative – Nutrient Farm Planned Unit Development 91 | Page
In terms of the development pattern, the Nutrient Farm area is essentially an infill development.
The area has been planned for development since the early 1970’s and pockets of residential
development are located nearby. The property has already been zoned for residential, mining, and
heavy industrial activities with the existing Riverbend and Coal Ridge PUDs. The two PUDs will
be replaced, via the separate Coal Ridge Revocation and the Riverbend PUD Amendment requests,
with a new agricultural mixed-use PUD which is a much more compatible and sensitive
development than that which is currently allowed. Implementing this change will remove the
potential for highly impactful industrial uses in an area that is not best suited for it, given its rural
feel, adjacent residential uses, and the Colorado River literally running on the property.
Thus, we believe that the Nutrient Farm PUD request is in general conformance with the
Comprehensive Plan 2030. It addresses many of the visions, issues, goals, polices, and
strategies/actions identified in the Comprehensive Plan’s ten Plan Elements. The specific issues of
conformity with the Comprehensive Plan, and particularly how certain particular aspects of our
Proposal reflect the vision of that Plan, have been addressed and thoroughly articulated above in
the sections titled, Explanation of how the PUD is in general conformance with the Comprehensive
Plan. For purposes of this section 7.102, and in the interests of relative brevity, rather than reiterate
those response we would point directly to such section by reference and incorporate those points
herein.
b. 7-103. Compatibility
As thoroughly discussed throughout this Narrative, Nutrient Farm is compatible in nature, scale
and intensity with the surrounding land uses and the natural landscape. The Nutrient Farm area is
an infill development—contemplated for construction since 1973 and zoned for agricultural,
residential, commercial, mining, and heavy industrial activities with the existing Riverbend and
Coal Ridge PUDs. It is located to the south and west of the Colorado River and backs up the steep
slopes of Coal Ridge and the nearby BLM lands. CR 335 bisects the property, and pockets of
residential subdivisions (single-family and duplex lots) are located adjacent to the property—
Riverbend Subdivision Filing Nos. 1 and 2, Riverbend Ranchettes, Cedar Ridge Subdivisi on,
Riverbend Filing No. 5, and Lot 2 of the Matthies Exemption. These residential subdivisions are
on land that was originally part of the overall Riverbend PUD area. To the south and west lie
private lands which are zoned Rural and are currently being used as grazing land/meadow hay
fields/agricultural according to the Assessor’s records. One single-family ranch home exists to the
south on one of these properties.
The Riverbend and Coal Ridge PUDs will be replaced with the proposed Nutrient Farm
agricultural mixed-use PUD. (Please see the earlier response to General project concept and
purpose of the request and the later response to 7-301. Compatible Design for details on the layout
and location of the uses in Nutrient Farm.) We believe the 18 new residential lots and enclosed
and open-air uses are rather modest in relation to the size of the roughly 1,136 acre property, and
the very intensive scope of presently allowed uses on the property. The Nutrient Farm PUD
Narrative – Nutrient Farm Planned Unit Development 92 | Page
complies with the existing density of the Riverbend and Coal Ridge PUDs, as well as the LUDC
and the Comprehensive Plan. We believe the proposed Nutrient Farm PUD contains an appropriate
level of development for the property, and is much more compatible, sensitive, and less intense
that than which is currently allowed under the two existing PUDs. (Please also see the responses
to Relationship to Existing and Adjacent Land Uses, Method and calculation used to determine
overall project and specific use type densities, and the Density and Lots discussions under PUD
Plan Guide.)
Crucially, Nutrient Farm is also in the unique circumstance of presenting not only infill
development but also serving as a buffer from development. This is largely due to the size of the
property, and the considerable percentage of the property that will be preserved via light
agricultural uses or private open space. Thus, not only does the Nutrient Farm PUD present infill
development and compatibility in that regard, it also presents combability with the agricultural and
open areas close to it by maintaining large swaths of functionally preserved open space, view
corridors and development buffers.
c. 7-104. Source of Water (Including reference to 4-203.M Water Supply.); and
d. 7-105. Central Water Distribution and Wastewater Systems
Water
As noted earlier, a Water Adequacy Report for Proposed Development has been prepared by SGM
that analyzes the existing legal water rights, physical supply, the estimated water demands for the
various uses on the property, and the proposed water systems. (Please refer to the attached Water
Adequacy Report and copies of the existing water rights deeds for details.) No County or municipal
water or wastewater services are sought. Proposed Residential Areas 1, 3, and 4 have been placed
near the existing Riverbend Subdivisions and are planned to connect to the RWSC facilities.
RBWS owns the excess capacity and excess water rights for the RWSC. RBWS and RWSC have
indicated capacity and willingness for Nutrient Farm’s new residential lots to connect to the
systems and have written a Will Serve Letter indicating this. (Besides line extension, the only
proposed upgrade is adding more potable storage adjacent to the existing tanks.) Invariably, the
exact details of such connection to service and the final decision to connect is deferred to the point
of subdivision.
Given the other proposed uses are a vast distance away from the central Riverbend systems, and
are of a nature which are outside of the domestic use function of the RWSC, Nutrient Farm plans
to maximize its self-sufficiency by developing its own internal water and waste water facilities for
the rest of the uses—the Farm House in Area 2, the new residential lot in Area 5, the two farm
areas, the Commercial/Industrial Area, and for all of the Outdoor Adventure Parks activities. (For
further details, please see the Nutrient Farm Central Water Distribution and Wastewater System
Report, OWTS Engineering Report, and the Water and Sewer Plan that have also been included in
this submittal package.)
Water rights to the Vulcan Ditch and the Coal Ridge Pump and Pipeline were included in the
Narrative – Nutrient Farm Planned Unit Development 93 | Page
purchase of the Nutrient Farm property. These considerable water rights allow for year-round
municipal, commercial, industrial, domestic, sewage treatment, irrigation, recreational, fish
wildlife propagation, and “…all other beneficial purposes, including storage for each of the above
purposes.” (Water Adequacy Report, page 18.) The Vulcan Ditch has historically provided
irrigation water to the property from Canyon Creek and will continue to do so. Surface water from
the Vulcan Ditch will be routed to settling ponds, and then filtered and treated to supply potable
water to the existing Farm House in Area 2, to the Working Farm areas, and to the recreational
and commercial/industrial activities in Development Areas 7 and 8. Generally, the water will be
filtered and sanitized using state-of-the-art natural and holistic methods including sediment, ion-
exchange, charcoal, reverse-osmosis, distillation, ozone and ultraviolet. No sodium fluoride
silicofluorides, hydrofluorosilicic acid, sodium fluorosilicate or other forms of fluoride will be
added to the water systems. The ultimate water systems’ design and treatment requirements will
depend on the water systems’ functional designation—namely as a public water system or private
for the various uses, and inevitably all local and State required drinking water and water quality
and quantity standards will be followed and exceeded.
Invariably all private on-site systems will be designed to readily convert to public water systems
as needed when required operationally. The Vulcan Ditch water supply will also serve all outdoor
uses such as agricultural crop and livestock watering, landscaping, sound mitigation landscaping,
open space areas, grass fields, recreational ponds and the construction of any animal water ponds
in cooperation with CPW. A new well will be constructed to serve the residential lot/home in the
Working Farm – East, or the home may derive a water connection from the Vulcan Ditch pipeline.
The new residential homes (single-family and ADUs) in Development Areas 1, 3, and 4 are
planned and designed to connect to the existing RWSC facilities. The RWSC currently serves the
nearby Riverbend homes, and has a complete water treatment, distribution, and storage system in
place that is already permitted as a public water supply. RBWS owns the excess capacity and
excess water rights for the RWSC. The RWSC will provide all indoor and outdoor water use to
these Areas through their potable water system. Initial assessment of the RBWS and RWSC water
rights show that it has sufficient water to supply the lots in Areas 1, 3, and 4. Adding these lots to
the existing system can in fact assist that system in its long term viability and operations.
Full buildout demands and consumptive use (annual consumption, average day demand, maximum
day demand, peak hour demand, etc.) for Nutrient Farm were calculated in accordance with section
4-203.M. of the LUDC and provided in the Water Adequacy Report. The legal supply and physical
supply of water from the Vulcan Ditch and the RWSC system were specifically and rigorously
analyzed in relation to the proposed uses and determined to be sufficient. The Water Adequacy
Report states, “Legal supply is discussed for the Vulcan Ditch and for the Riverbend system.
Based on a comparison of the Farm’s water rights to anticipated demands and consumptive use,
the Farm’s legal supply is sufficient.” (Water Adequacy Report, page 18.) “Physical water supply
is discussed for each of the two proposed sources: the Vulcan Ditch which will serve Areas 2, 5,
6, 7 and 8, and the Riverbend System which will serve Areas 1, 3, and 4. Based on the analysis of
stream flow, the Farm’s Vulcan Ditch physical supply can support anticipated demands. Based on
the analysis of stream flow and hydrogeology near the Riverbend Wells, there is sufficient supply
to support the additional demands to the Riverbend System from Areas 1, 3, and 4.” (Water
Adequacy Report, page 21.)
Narrative – Nutrient Farm Planned Unit Development 94 | Page
The peak hour demand for the Farm during irrigation season is estimated, based on County peaking
factors, at 8.7 cfs, which includes non-potable demand for farm irrigation operations, as well as all
demand for potable water, and thus fully within the scope of the Farm’s legal ownership of 8.93
cfs in the Vulcan Ditch. The peak hour demand on the Farm’s potable system for Areas 2 and 5–
8 is estimated at 0.24 cfs. The Farm’s potable treatment, storage, and distribution systems will be
designed to accommodate this peak hour demand. (Water Adequacy Report, page 28; described
fully in the Central Water and Distribution and Wastewater Systems Report.) Of course, this
discussion is merely to reflect any concerns on the ceiling of all demand periods, from a water
rights perspective we have demonstrated that we have ample water rights to proceed with
operations, and to proceed with PUD approval.
Of course, despite all these discussions, at any juncture when any use is proposed for further
development review, be that review for site plan, subdivision, etc., we will necessarily be subjected
to a specific analysis of the actual water needs and the actual water supply available at that juncture.
Thus, there are more than ample safeguards already in place via the PUD and the LUDC to ensure
that at all junctures, we have adequate wet water as well as adequate paper water. We are aware
that some area residents who also utilize the Vulcan Ditch or are situated adjacent to said ditch
have expressed some general concerns about this development and the use of that ditch and
accordant water supply. We are unsure what those specific concerns are at this juncture and will
be happy to have any such concerns addressed by our water and land use professionals as the same
become clearer. Nevertheless, in terms of general concerns, the bottom line is that we have well
established rights in this water supply, very meticulous engineering in terms of conveyance of this
water supply, and rigorous water quantity and quality standards in place via the PUD and the
LUDC.
In that light, we would also emphasize that none of the 99 units of reserved residential density or
any future Employee Housing or Bunkhouse dwelling units have been included in the Water
Adequacy Report’s analysis. As with traffic and other review elements, these potential uses are no
more than latent at this point in time, and any proposal related to the same will have to address
these issues fully and independently of the analysis behind this PUD proposal. That is already a
mandate of the PUD and the LUDC and must be followed under any regard. Moreover, the density
bank is no more than a latent reserve bank and not an active entitlement for 99 units, as discussed
in detail herein. Thus, there is no concern over that putative water supply, as the Nutrient Farm
operations are essentially proposed in lieu of such residential density, NOT in conjunction with it.
Wastewater
Similarly, wastewater disposal systems will be provided to the various land uses within the
Nutrient Farm PUD in a number of ways. Residential uses in Development Areas 1, 3, and 4 will
connect to the existing RWSC facilities. The residential uses in Development Area 2 will continue
to utilize a fully functional private OWTS. All other uses within the remaining Development Areas
will utilize individual wastewater treatment systems designed specifically for the land use they are
to serve, which offer ample capacity and function to accommodate existing uses and any future
expansion in scope and use. All wastewater systems will be designed per applicable County
regulations and State standards, and all formal measures to ensure sewer service to the property
Narrative – Nutrient Farm Planned Unit Development 95 | Page
and its development will be provided in accordance with the LUDC, and all applicable State laws
and regulations. (Please refer to the Central Water Distribution and Wastewater Systems Report,
OWTS Engineering Report, and the Water and Sewer Plan for details.)
As mentioned above, the intent is to connect the new residences in Areas 1, 3, and 4 to the
Riverbend systems, and the RBWS and RWSC have indicated their willingness and ability to serve
the new homes. Again, final connection details will be made at the time of subdivision. However,
if it is determined to be physically or financially unfeasible to connect to those systems, or a formal
agreement cannot be reached between the Owner/Developer and RBWS and RWSC, then these
areas of residential development may need to be reconfigured, redesigned, and possibly relocated
to facilitate service by other legally authorized means. Of course, the applicable development
review process to do so will be followed and additional system studies will be provided to the
County for review and approval.
As with the water analysis, none of the 99 units of reserved residential density nor any of the On-
Site Employee Housing or Bunkhouse dwelling units have been included in the sewer analysis,
and per the rationale articulated above, there is no need to take on such speculative analysis at this
time or really at any time that the Nutrient operations functionally persist.
e. 7-106. Public Utilities
As mentioned in the earlier response to Public Utilities under PUD Plan – PUD Technical
Descriptions, adequate utilities for Nutrient Farm are available and can be provided in a variety of
ways—from public utility providers or generated privately on-site. Connections will be based on
the location and the power needs of the individual uses.
For instance, the existing Farm House utilizes a pellet stove for heat and Xcel Energy provides
electricity. The new residences and any of their associated ADUs may also use individual propane
tanks/systems and electricity from Xcel Energy. (A letter from Xcel Energy has been provided in
this Nutrient Farm PUD package indicating their ability and willingness to serve the new homes.)
All other uses in the Development Areas will be served by multiple private renewable energy
systems constructed on the property specifically designed to serve them. These include solar
electric, solar thermal, geothermal, wind, and hydro-electric energy systems. (I.e., solar electric
and/or solar thermal energy systems will be constructed on the northern portion of Development
Areas 6 and 3 near the Colorado River, and Development Area 5, if needed.) In addition, each
single-family home/lot will be able to construct its own Accessory Solar System per the terms of
the Nutrient Farm PUD Guide.
All new conventional utilities will be located and installed in accordance with the applicable utility
providers’ requirements and those of the LUDC. All existing overhead lines, transformers,
switching and terminal boxes, meter cabinets, and other associated facilities will remain in place
as already legally implemented and allowed and controlled by the relative utility providers. All
necessary utility easements and drainage easements will be located and dedicated per 7-106. of the
LUDC at the time of future subdivision or via separate instrument at the time of site plan or
building permit review, or as needed.
Narrative – Nutrient Farm Planned Unit Development 96 | Page
We would also emphasize that in an effort to ensure that the biodynamic nature of Nutrient Farm
is protected and maintained, absolutely no overhead lines and facilities will be allowed or installed,
nor will any wireless meters or antennas be installed on the property without the express advance
allowance of the Owner/Developer. The same expectations will be implemented for the dedication
of the right-of-way for CR 335 and the LoVa trail.
f. 7-107. Access and Roadways
Nutrient Farm is located south of I-70 and the Colorado River, between Glenwood Springs and
New Castle. CR 335 bisects the property and connects to I-70 via Bruce Road/Exit 105. CR 335
is the only access to the property and also serves the surrounding Riverbend residential
subdivisions. However, there is no record of its formal dedication to the County as a right-of-way
within the Nutrient Holdings property boundaries. We acknowledge that CR 335 was shown on
the original 1976 Preliminary Map of Riverbend, however, since Riverbend was not fully
developed/platted as planned, this portion of CR 335 was never dedicated.
The location of existing CR 335 lies within a historic, no longer utilized, and for all practical
intents functionally abandoned, 80-foot-wide Cattle Drive Easement for one individual owner that
does not utilize the same. The same easement alignment was subsequently dedicated, and accepted
by the County, as an 80 foot wide right-of-way within the platted Riverbend Subdivision filings.
That easement acceptance reflects the County’s take on the predominant nature of the right-of-
way easement. In complement to the already aligned and dedicated easement for CR 335 discussed
above, per this Nutrient Farm PUD, an 80 foot right-of-way corresponding to the historic Cattle
Drive Easement for CR 335 and the existing CR 335 dedication, for the stretch within the property,
is shown on the PUD Plan Map. In similar fashion to the LoVa Trail, this right -of-way will be
dedicated to the County after approval of the Nutrient Farm PUD via a separate dedication
agreement process, and all respective obligations and understandings of the parties reflected
therein. As discussed below, CR 335 will continue to be maintained by the County, and no
improvements to CR 335 are assumed by the Owner/Developer at this time.
CR 335 serves as the legal access to all entrance points of the Nutrient Holdings property from the
public highway system. The proposed Nutrient Farm development has been discussed at length on
several occasions with Wyatt Keesbery, County Road and Bridge Director, who opined that CR
335 is generally in satisfactory condition without needing major modifications in the near future.
Garfield County issued a Driveway Permit Number: GRB19-D-9 for the Nutrient Farm Road
access location in April 2019.
While CR 335 is the main public thoroughfare to Nutrient Farm, there is an extensive and
functional series of looped roads within the property to foster inter-farm access and circulation. A
Conceptual Access, Circulation and Parking Plan for Nutrient Farm has been included in the
Nutrient Farm PUD application package and attached to the Nutrient Farm PUD Guide as Exhibit
C. Multiple private streets, roads, and driveways will be constructed by Nutrient Holdings to
provide access to various portions of the property and its uses. The Plan shows the locations of the
Narrative – Nutrient Farm Planned Unit Development 97 | Page
80 foot right-of-way for CR 335 and the two new 50 foot public rights-of-way that will be
constructed and offered for dedication to the County to serve the new residential lots in
Development Areas 1 and 3 adjacent to the Colorado River. (These road will only be
constructed/dedicated when the residential subdivisions are constructed.) The three residential lots
in Development Areas 4 and 5 will take access off of the existing Riverbend Drive. All other
private streets, roadways, driveways, and associated improvements in Nutrient Farm will be
constructed, owned, and maintained by the Owner/Developer. No modifications or improvements
to any of the existing roads in the surrounding subdivisions (i.e., land not owned by Nutrient
Holdings) are planned.
All roads within Nutrient Farm will be designed to provide adequate, safe, and efficient access and
circulation for the property. The proposed road design standards described below will supersede
those of Table 7-107 – Roadway Standards of the LUDC. In an effort to minimize site disturbance
and hard surfaces, and promote water absorption within the property, the private roads within the
PUD will have two 12½ foot gravel travel lanes with a two percent (2%) crown section and two
foot (2’) deep ditches, as necessary. These roads will be designed with a 12 percent (12%)
maximum grade and 80 foot minimum centerline radius, and shoulders and ditches will only be
used in select locations, as needed. Speed limits will be posted on-site and will be less than the
design speed based on AASHTO criteria. Nutrient Farm anticipates a maximum posted speed limit
of 25 miles per hour within the PUD property. We realize that gravel roads require continuous
maintenance, so concrete or some other permanent hardscape surface may be needed in the future
for some of these private roads, or portions of them, due to heavy traffic or turning movements
(i.e., the area around the processing building). Thus, such areas may be paved in the future at the
discretion of Nutrient Farm. Any necessary County approval for the surfacing will be obtained.
The two forthcoming 50 foot rights-of-way to serve residential Areas 1 and 3 will also be
constructed to these Nutrient Farm design specifications. The internal agricultural access roads in
and around the farm areas will be unimproved, natural earth, or gravel as warranted with use. No
design standards are proposed for them as they are strictly for agricultural purposes and no public
vehicles will be allowed on them. All Campground/Recreational Vehicle (“RV”) Park parking and
circulation will meet the regulations of 7-905. of the LUDC and those of the Colorado Department
of Public Health and Environment, Division of Environmental Health and Sustainability, contained
in 6 Code of Colorado Regulations 1010-9 concerning Campgrounds and Recreational Areas.
As shown on the Plan, Nutrient Farm Road will be constructed to intersect CR 335 and will run to
the north and south as the main accesses to the Working Farm – West and its uses. This road loops
to the west and then re-connects with CR 335. Multiple roads will be constructed to the south of
these to serve the western portion of the property, the Outdoor Adventure Parks, performing
arts/music and arts venue area, campground, and the Health and Wellness Retreat in Development
Area 8, and the commercial/industrial activities in Development Area 7. To the east of the new
Nutrient Farm Road, an existing residential driveway, Coal Ridge Lane, cuts through the property
from CR 335. It serves an off-site single-family home and an access easement has been granted
Narrative – Nutrient Farm Planned Unit Development 98 | Page
for it. The existing Farm House will connect to this driveway and also utilize it for primary access
to CR 335.
Moreover, Storm King Road in the adjacent Riverbend Subdivision Filing No. 2 extends into the
property and serves as the existing driveway connection for the Farm House. This will only be
used by the Owner/Developer for direct access to and from the Farm House to the Eastern Working
Farm, not as an alternative public throughway for everyday use. Should the fire department or
emergency services need it, the driveway may also serve as emergency access from Storm King
Road to CR 335. The three residential lots fu rthest to the east in Development Areas 4 and 5 will
take access off of the existing Riverbend Drive. Two additional roads will be constructed to serve
the residential lots adjacent to the Colorado River in Development Areas 1 and 3. These roads will
be constructed by the Owner/Developer and dedicated to the County.
A CDOT Level III Traffic Impact Study has been prepared by SGM for the Nutrient Farm PUD in
accordance with LUDC section 4-203.L. submittal requirements for a detailed traffic study. It
evaluates the existing background traffic and the projected vehicle trips generated from Nutrient
Farm in both the immediate and 20-year planning horizon. The Traffic Impact Study concludes
that the existing roadway system will continue to operate safely and at an acceptable level of
service with the full development of Nutrient Farm. As it recommends, all new road intersections
will be designed with acceptable site distances based on 35 miles per hour design (450 feet), and
site triangles will be developed and maintained as clear zones.
Further, Uniform Traffic Control or Certified Traffic Control supervision will be implemented at
the CR 335/Bruce Road intersection and at event accesses on the property from CR 335 to help
provide safe operations during the peak entry/exit periods of the entertainment/music and arts
venues or any other Nutrient Farm Events with an expected attendance of 350 guests or more. (The
Traffic Impact Study noted that this is not required for the CR 335/Bruce Road intersection to
operate adequately—that the additional traffic control would only help to provide more organized
operations during these times due to the variable nature of peak flow rates for such events.) Based
on the full build-out of Nutrient Farm, the CR 335 estimated 2040 total traffic volume is 2,300 vpd
east of Park Drive and 2,800 vpd west of Park Drive. The vpd west of Park Drive will exceed
Minor Collector standards. (The LUDC calls for Major Collector standards at rates greater than
2,501 vpd.) Thus, if the actual scope of development for Nutrient Farm is realized, future shoulder
widening west of Park Drive to Bruce Road could bring CR 335 up to County Major Collector
roadway standards.
The ultimate projected traffic volumes from Nutrient Farm on Bruce Road at the Colorado River
bridge do warrant a new CDOT Access Permit. The new CDOT Access Permit will be applied for
in connection with and as already reflected in this PUD. Also, as per section 4-203.L.4., estimated
calculations of the potential future public road improvement fees in the corridor were provided in
the Traffic Impact Study. Actual road improvement fees will be determined at the time of
development according to the LUDC, as stated in the Development Agreement. We note that the
traffic impact fees could be used for any potential necessary future widening of CR 335.
Narrative – Nutrient Farm Planned Unit Development 99 | Page
Again, the above referenced Traffic Impact Study does not consider any of the 99 units of reserved
density or any On-Site Employee Housing or Bunkhouse dwelling units on the property. As noted,
the density reserve is planned as no more than latent density at this point, per the proposed PUD,
rather than an entitlement, and thus subject to the scrutiny of multiple levels of land use review
and approval before it can be employed in any manner. Thus, as the Traffic Impact Study reflects,
there is no rationale for including it in the analysis provided, though arguably such housing will
lessen traffic impacts by ensuring employees are located right on the site of their employment.
The Nutrient Farm access and circulation system and the Traffic Impact Study have also been
discussed in the previous responses to General project concept and purpose of the request and
Explanation of general conformance with the comprehensive plan. Please see those responses for
more information.
g. 7-108. Use of Land Subject to Natural Hazards
Nutrient Farm is located on a benched area between the Colorado River and the steep slopes of the
Grand Hogback. Vegetation on the property is sparse, but diverse. The majority of the property,
including the areas proposed for development, is dominated by grazed and dryland pasture areas.
The Vulcan Ditch traverses the southern part of the property and carries water to these pasture
areas. Sagebrush shrublands cover the land as it rises to the south, and pinyon-junipers and mixed
mountain shrublands dominate the steep slopes above them. The north and east edges of the
property abut the Colorado River. Two minor natural drainages cross the property from south to
north, draining from the mountains into the Colorado River. These are ephemeral drainages and
with no notable wetland or riparian characteristics. The area of the property immediately adjacent
to the Colorado River contains sparse and discontinuous wetland/riparian vegetation on its banks.
No wetlands extend beyond the immediate vicinity of the Colorado River. (No formal wetland
delineation was conducted, rather a visual inspection of the soils and plants.) The area adjacent to
the Colorado River is also within the County’s Floodplain Overlay District and contains lands
within the designated 100-year floodplain.
As mentioned before, the Impact Analysis Report (“Report”) for Nutrient Farm details the
property’s physical features including its topography, water bodies, vegetative cover, soil
characteristics, geology, and other existing conditions. The Report includes an inventory and
evaluation of the native vegetation and wildlife habitat potential on the property—including
aquatic species use of the Colorado River. In addition, a Soils and Geohazards Evaluation has
been prepared by RJ Engineering and Consulting, a Slope Analysis, a Weed Management Plan,
and a Reclamation Plans for the Vulcan Ditch improvements and the Nutrient Farm PUD property
have been prepared by SGM and included in this submittal package.
The Soils and Geohazard Evaluation (“Evaluation”) focused on the property’s areas intended for
development. Several geological maps were reviewed and a number of potential geohazards were
identified including: collapsible/compressible soils; expansive/swelling soils; debris flows;
Narrative – Nutrient Farm Planned Unit Development 100 | Page
landslide/potentially unstable slopes; erosive soils; and an area of previous mining activity. (The
locations of these areas are shown on the Evaluation’s maps.) The Evaluation noted that many of
the potential hazards could be mitigated with proper engineering design techniques (i.e.,
collapsible and expansive soils can be mitigated using deep foundation systems) or the potentially
hazardous areas could simply be avoided. Thus, prior to building permit, further site-specific
geotechnical investigations (i.e., test pits/soil sample evaluations) will be performed to determine
if any potential geotechnical hazards exist in a certain area so that any proper engineering
mitigation can be designed. All future improvements will abide by the Drainage and Erosion
requirements of section 7-204. and the Natural and Geological Hazard standards of section 7-207.
of the LUDC regarding the installation of utilities and development in any avalanche, landslide,
rockfall, alluvial fan, corrosive or expansive rock, mudflow, and fault hazard areas.
As mentioned before, previous mining activity took place on the western Coal Ridge PUD portion
of the property—exploratory holes were drilled into the hillside and sediment control
improvements were constructed. However, no coal seams were reached. The portals were sealed
and backfilled, and all disturbed areas revegetated to the satisfaction of the Colorado Division of
Reclamation, Mining and Safety. Thus, these improvements and their locations will be considered
during future site-specific geotechnical investigations that will take place prior to construction.
Development on steep slopes will also comply with section 7-207.F. of the LUDC except section
7-207F.2. shall only apply to residential or lodging development within Nutrient Farm. All other
types of non-habitable uses may be allowed on 30% slopes. However, any development in such
30% slopes shall remain subject to the study requirements of 7-207.F1. for any development on
slopes over 20%. Building on slopes 20% or more will require a special engineering study to
establish construction feasibility of the proposed improvement and any necessary mitigation
measures as per section 7-207.F.1. (Please refer to the attached Slope Analysis for location details.)
The property contains approximately 2.75 miles of the Colorado River. The areas of the property
immediately adjacent to the Colorado River contain sparse and discontinuous wetland/riparian
vegetation on its banks. No wetlands extend beyond the immediate vicinity of the Colorado River.
(No formal wetland delineation was conducted, rather a visual inspection of the soils and plants.)
The area adjacent to the Colorado River is also within the County’s Floodplain Overlay District
and contains land within the designated 100-year floodplain.
However, the Federal Emergency Management Agency (“FEMA”) has not mapped the floodplain
in this specific area. The area was previously surveyed and studied on several occasions by FEMA
and the Colorado Water Conservation Board (“CWCB”) but the studies were not officially adopted
for this reach of the Colorado River adjacent to Nutrient Farm. The effective FEMA panel is
0802051020B dated 12/15/1977 (not printed). All areas are assigned Zone D areas of possible
flooding. An approximate Floodplain Zone A was created and published for public review and
comment in the Garfield County Preliminary study circa 2011. The Preliminary Flood Insurance
Study and accompanying maps and Geographic Information System (“GIS”) digital data were
made available on the County website and was widely used as the “best available” information.
Narrative – Nutrient Farm Planned Unit Development 101 | Page
For the original Nutrient Farm PUD submittal in May of 2022, SGM obtained updated 2015
DFIRM metadata published by FEMA on July 31, 2015 and used these GIS layers as the best
available information for Nutrient Farm. This reach of the Colorado River remains as an
approximate Zone A floodplain without water surface elevations. At that time, SGM understood
that FEMA was reviewing a new detailed floodplain study for this reach with reduced 100-year
flowrate per the adopted Letter of Map Revisions (“LOMAR”). Expectations were that the study
would result in 100-year water surface elevations that are lower than shown in previous studies.
In late November 2022, SGM obtained the latest Draft Preliminary Study modeling and mapping
from the CWCB. Draft Preliminary Floodplain Mapping was created for the property by SGM
using the GIS layers for Colorado River Reach 8. It shows that the limits of the floodplain are
confined to the riverbank. The location of the floodplain will not impact the proposed Nutrient
Farm PUD development except for the boat ramp/tie ups. A County floodplain development permit
and all other necessary State or Federal permits will be obtained in the future at the time of the site
specific development request for these improvements. (The existing pump station is still safely
above the 100-year water surface elevation (“WSE”).) We will continue to monitor the draft
information and its review by FEMA and make any modifications to our mapping analysis and
plans as needed for the County’s review and approval. For the time being, this information is the
best data available. (A copy of the Draft Preliminary Floodplain Mapping is included in this
updated Nutrient Farm PUD submittal package.)
Based on our review of the proposed Nutrient Farm PUD improvements with respect to all flood
study information referenced above, the development will comply with all applicable FEMA,
National Flood Insurance Program (“NFIP”), CWCB and Garfield County floodplain
regulations—Floodplain Overlay Regulation of sections 3-102. and 3-301. and the Floodplain
Specific Site Plan requirements of 4-203.O.1. of the LUDC. In addition, any future improvements
near the Colorado River will abide by section 7-203. Protection of Waterbodies of the LUDC.
Thus, all natural and geological hazards have been identified on the property. No improvements
will be constructed in these areas unless additional studies are conducted, any applicable mitigation
provided, and all necessary approvals obtained per the relevant requirements of the LUDC and any
other applicable State and Federal regulations.
h. 7-109. Fire Protection
Nutrient Farm is located within the Colorado River Fire Rescue (“CRFR”) jurisdiction. All
development on the property will meet all fire protection requirements of the CRFR and comply
with wildfire hazard mitigation/defensible space requirements of the CRFR at the time of building
permit for each individual building or structure. Wildfire mitigation strategies are encouraged for
all construction and development within Nutrient Farm.
Our Engineering Team has met with Orrin Moon, the Fire Prevention Division Chief, on-site
reviewing the property and discussing the Nutrient Farm PUD Plan Map. The general road design
Narrative – Nutrient Farm Planned Unit Development 102 | Page
was reviewed, and all CRFR road design standards will be met with the formal design and
construction of the future roads. All fire flow needs will be met through potable and raw water
storage or water supplies and infrastructure sizing. Specifically, for those portions of Nutrient
Farm served by its own water system, multiple dry hydrants connected to the on-site cisterns or
irrigation and recreational water ponds will be installed throughout property for emergency use by
the CRFR.
As mentioned before, the new residences in Development Areas 1, 3, and 4 are intended to connect
to the nearby Riverbend system. Numerous fire hydrants are located throughout the existing
Riverbend subdivisions. The existing Riverbend potable system provides about 50,000 gallons of
storage augmented by a 115 gallons per minute (“gpm”) supply flow from their wells. The intent
is for Nutrient Farm to add a 150,000 gallon potable storage tank to bring the fire storage
component up to municipal standards if/when new residential lots are platted in Areas 1, 3, and 4
in exchange tap fee credits. New fire hydrants from 8-inch diameter lines will be placed as
necessary so that each new residential lot is within 250 feet of a hydrant. (Please also see the
previous response to Type or method of fire protection.)
Narrative – Nutrient Farm Planned Unit Development 103 | Page
4. Rezoning Criteria (4-113.C.1.-4.) / Rezoning Justification Report (4-203.H.)
Section 4-113.C. of the LUDC contains the four criteria that must be met in order for a rezoning
request to be approved. This same criteria are required to be addressed in the Rezoning Justification
Report (4-203.H.) that is submitted as part of the PUD application package. We believe the
Nutrient Farm PUD meets this criteria well and have elaborated on each of the criteria below.
C. Review Criteria
An application for rezoning shall demonstrate that the following criteria has been met:
1. The proposed rezoning would result in a logical and orderly development pattern and would
not constitute spot zoning;
2. The area to which the proposed rezoning would apply has changed or is changing to such
a degree that it is in the public interest to encourage a new use or density in the area;
3. The proposed rezoning addresses a demonstrated community need with respect to facilities,
services or housing; and
4. The proposed rezoning is in general conformance with the Comprehensive Plan and in
compliance with any applicable intergovernmental agreement.
a. 1. The proposed rezoning would result in a logical and orderly development pattern
and would not constitute spot zoning;
The proposed Nutrient Farm PUD area is currently zoned with two PUDs—encompassing the
entire existing Coal Ridge PUD area as well as the remaining unsubdivided portions of the
Riverbend PUD. As noted before, various portions of the original 1,180.83 acre Riverbend PUD
were developed as planned with single-family subdivisions, while other portions were sold off.
Per Assessor’s records and plats, 75 residential lots have been platted in the original Riverbend
PUD boundaries since the Riverbend PUD was approved. Thus, at least 123 residential units of
density remain from the original Riverbend PUD (198 – 75 = 123). (Please see the earlier
Background discussion for a detailed analysis of the Riverbend PUD density and the existing
residential subdivisions within the original Riverbend PUD boundaries.)
The Riverbend PUD will be vacated and the Riverbend PUD will be amended and replaced with
the Nutrient Farm PUD. Eight Development Areas and four Private Open Space Tracts are
planned. As shown on the PUD Plan Map, the heart of Nutrient Farm, and the majority of the flat
land, will be the Working Farms – East and West. The Nutrient Farm PUD will bring back the
agricultural rural character of Garfield County.
The proposed Nutrient Farm PUD is much more compatible with the nearby residential uses and
the original intent of the Riverbend PUD than the coal mine and heavy industrial uses allowed
under the Coal Ridge PUD. We see this as an opportunity to replace two rather old and convoluted
PUDs with a comprehensive PUD that better conforms to current LUDC standards and
expectations, and brings back the agricultural and residential intent of the original Riverbend PUD.
Narrative – Nutrient Farm Planned Unit Development 104 | Page
Thus, the proposed Nutrient Farm PUD area is a much more sensitive and logical development
pattern for the property.
b. 2. The area to which the proposed rezoning would apply has changed or is changing
to such a degree that it is in the public interest to encourage a new use or density in
the area;
This particular criterion supports the Nutrient Farm PUD proposal perhaps more strongly than any
other. The Nutrient Farm PUD is a direct repurposing of two much older, unfulfilled PUD visions,
both which carry the potential for very high impact on the land and adjacent properties. Instead,
we are proposing a biodynamic farm with low impacts and a vibrant array of activities in support
of the farm and as an accommodation for the community to participate in and embrace Nutrient
Farm in all aspects.
In terms of antiquated, high density residential development, the existing Riverbend PUD area has
been planned for development for almost 50 years and has been developed to varying degrees
through numerous PUD Amendments and subdivisions, but at a fraction of the original vision. The
nearby existing residential subdivisions are on land that was originally part of the overall
Riverbend PUD. As mentioned above, the PUD has been amended many times to accommodate
the relocated residential uses and their associated subdivisions, and the new mining uses of the
Coal Ridge PUD.
For instance, the original Riverbend Preliminary Map did not contemplate any residential lots
where the Filing No. 5 Subdivision is located, and the Cedar Ridge Subdivision encompasses the
original shown stable area. The Riverbend was also modified in 1984 to allow for the Coal Ridge
PUD. The Coal Ridge PUD altered the western 292 acres of the Riverbend PUD designated as
Open Space/Agricultural Land and some of the future residential areas near the mountains to allow
for a coal mine and other heavy industrial uses. This PUD allows for a mining operation and other
heavy industrial uses such as oil and gas extraction, plants for fabrication/processing of natural
materials, storage of oil, minerals, explosives, chemicals and fuels, utilities, pipeline, a railroad
corridor, open space, agriculture, and a single-family home.
Nutrient Farm surrounds these residential subdivisions and contains the entire Coal Ridge PUD
and the remaining unsubdivided portions of the Riverbend PUD. We believe it would be in public’s
best interest to vacate all of the Coal Ridge PUD and amend the remaining portions of the
Riverbend PUD and replace them with the Nutrient Fam PUD. Nutrient Farm PUD is a much more
compatible and sensitive development vision than that which is currently allowed. Nutrient Farm
has been carefully designed to be compatible in use and intensity with the nearby residential homes
and minimize any potential impacts. The Nutrient Farm PUD will bring back the agricultural and
residential aspects of the property that were originally envisioned with the Riverbend PUD and
help preserve the rural mountain character of Garfield County.
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c. 3. The proposed rezoning addresses a demonstrated community need with respect to
facilities, services or housing; and
We believe that Nutrient Farm will be an asset to Garfield County as it addresses many of the
community’s concerns brought up during the Comprehensive Plan 2030 Update. Nutrient Farm is
a mixed-use community focused on its biodynamic Working Farm areas with agricultural,
residential, and related recreational/entertainment and commercial/industrial activities. No heavy
industrial uses from the existing Coal Ridge PUD are sought, rather commercial and light industrial
uses such as a contractor’s yard, storage, and a sewage treatment facility are proposed. A
restaurant serving healthy grown and raised products from Nutrient Farm and other local sources,
agricultural processing buildings, and solar systems are planned to power the Nutrient Farm
community. Many private and public trails are planned throughout the property.
Nutrient Farm will help to bring back an important emphasis on agriculture, serving as stewards
of the land, and preserving the rural character and bucolic beauty of the Colorado River Valley
that have been identified as important community attributes. Not only will the rural character of
community be protected and enhanced, but also the County’s recreational and open space
opportunities through the construction of the LoVa Trail and other private trails on the property,
and the preservation of over 608 acres of private open space—which is more than half of the total
PUD area. Nutrient Farm also will help diversify the economy by providing stable seasonal and
year-round jobs in the agricultural, retail/commercial and tourism areas as opposed to the energy
industry which depends upon a finite resource. In addition to the new jobs, 18 new residential lots
will be created within Nutrient Farm. Although not required by the LUDC, future on-site housing
for employees working on the Nutrient Farm property is also planned.
Thus, Nutrient Farm addresses many community needs—preserving agricultural land, diversifying
the economy with additional jobs revolving around its biodynamic Working Farm areas, providing
housing options, and enhancing recreational and open space opportunities with the public LoVa
Trail and multiple private trails on the property. Nutrient Farm will bring back agriculture and the
rural feeling of the Valley. Its agricultural practices, energy systems, and utilities will be sensitive
to the land, its animals, residents, and guests, and will be compatible with nearby residential
development. Nutrient Farm will give local families and guests a chance to visit a working farm
and engage in its activities. Nutrient Farm will be an asset to the community.
d. 4. The proposed rezoning is in general conformance with the Comprehensive Plan
and in compliance with any applicable intergovernmental agreement.
As mentioned above in response to 7-102. Comprehensive Plan and Intergovernmental
Agreements, the Nutrient Farm PUD is in general conformance with the Comprehensive Plan 2030.
It meets numerous vision statements, goals, policies, and strategies/actions identified in the
Comprehensive Plan’s ten Plan Elements. A detailed discussion of the Nutrient Farm PUD in
relation to each of the ten Plan Elements has already been provided in the above response to the
Narrative – Nutrient Farm Planned Unit Development 106 | Page
Explanation of how the PUD is in general conformance with the Comprehensive Plan. Please refer
to that response again.
Conclusion of Rezoning Criteria (4-113.C.1.-4) / Rezoning Justification Report (4-203.H.)
PUD Zoning – Review Criteria 6-202.C.1.-5. requires a PUD request to meet the Rezoning Criteria
of section 4-113.C.1.-4. Of the LUDC. Four criteria are contained in this section that must be met
in order for a rezoning request to be approved. This same criteria are also required to be addressed
in the Rezoning Justification Report (4-203.H.) that is submitted as part of the PUD application
package. We believe that the Nutrient Farm PUD request readily meets, and in fact thoroughly
exceeds, the expectations set forth in these criteria, for the reasons set forth above.
Narrative – Nutrient Farm Planned Unit Development 107 | Page
5. Established Zoning Standards
The last PUD Zoning Review Criteria of 6-202.C.1.-5., Established Zoning Standards, requires
finding that the proposed PUD establishes dimensional and other development standards
governing the future uses and development of the PUD. It states:
5. Established Zoning Standards. The PUD Plan adequately establishes uses and
standards governing the development, density, and intensity of land use by means of
dimensional or other standards.
The Pre-Application Conference Summary requests further information by stating:
• Please respond directly to the Development Standards in Section 6-401.
• Please respond directly to the Standards identified in Article 7, Division 3, Site
Planning and Development Standards.
As mentioned before, the Nutrient Farm PUD Guide has been specifically tailored to fit the unique
agricultural nature of Nutrient Farm, to foster its compatible and orderly development, and to
ensure that it blends in with the nearby residential development pattern and the natural landscape.
The following specific Development Standards contained in section 6-401. and the Site Planning
and Development Standards of Article 7, Division 3 are all squarely addressed in the PUD Guide.
The PUD Guide is reflective of the LUDC in terms of its structure, form, and content, and in fact
even incorporates the existing LUDC land uses, definitions, standards, and requirements whenever
viable, with minor modifications to such terms when necessary to tailor the PUD terms to the
actual circumstances anticipated in the Nutrient Farm community. Additional standards have also
been included related to a variety of specific uses such as Solar Energy Systems, sound standards,
and Nutrient Farm Events—again, in order to ensure the orderly development and compatibility
of Nutrient Farm with its surroundings. Please refer to the Nutrient Farm PUD Guide and the
earlier General project concept and purpose of the request discussion for the various development
standards.
Section 6-401. Development Standards includes:
6-401. DEVELOPMENT STANDARDS
A. Permitted Uses
B. Off-Street Parking
C. Density
D. Housing Types
E. Transportation and Circulation
F. Recreational Amenities
G. Building Height
H. Lots
I. Phasing
Narrative – Nutrient Farm Planned Unit Development 108 | Page
Article 7, Division 3. Site Planning and Development Standards contain:
DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS
7-301. COMPATIBLE DESIGN
7-302. OFF-STREET PARKING AND LOADING STANDARDS
7-303. LANDSCAPING STANDARDS
7-304. LIGHTING STANDARDS
7-305. SNOW STORAGE STANDARDS
7-306. TRAIL AND WALKWAY STANDARDS
In addition to the above Development Standards, the PUD Plan Guide (6-302.A.4.a.-d.) requires
additional regulations which are all contained within the proposed Nutrient Farm PUD Guide and
which have already been discussed in detail in this Narrative. As mentioned before, the PUD Guide
specifically regulates and addresses: the existing and proposed uses; housing types;
density/intensity; lot size; building locations/setbacks; building heights; fences; parking and
loading; reclamation; weed management; landscaping; forest management; trails; pathways;
walkways; exterior lighting; ADUs; Animal Keeping; Guest Houses; Food Trucks; Nutrient Farm
Events; temporary improvements; signage; access and circulation systems; water systems;
wastewater systems; utilities; solar energy systems; fire protection; soils/geotechnical hazards;
floodplains and protection of water bodies; wildlife protection; snow storage; open space and
recreational improvements; public dedications of CR 335; and the LoVa Trail and parking area
public easements; etc.
We believe the standards are appropriate and reasonable for Nutrient Farm and will not
compromise any Building Code requirements or cause any adverse impacts to the adjacent
properties.
Similarly, some of the Article 7, Division 3 Site Planning and Development Standards have already
been discussed in other various responses. Therefore, we have listed each one of them below and
have briefly responded to them or indicated where previous responses may be found in this project
Narrative.
1) 7-301. COMPATIBLE DESIGN
As discussed in detail, we believe our proposal roundly meets and exceeds all compatibility
concerns both in terms of development and activities proposed, as well as the large swaths of land
where we seek to refrain from any development or intensive activities. The proposed Nutrient
Farm PUD is compatible in nature, scale, and intensity with the surrounding land uses and the
natural landscape. Nutrient Farm is an infill project on land that has been contemplated and
approved for intensive residential and industrial development since the early 1970’s. It contains
the entire undeveloped Coal Ridge PUD area and the remaining unsubdivided portions of the
Riverbend PUD. It is located to the south and west of the Colorado River and backs up to the steep
Narrative – Nutrient Farm Planned Unit Development 109 | Page
slopes of the Coal Ridge and nearby BLM lands. CR 335 bisects the property, and pockets of
residential subdivisions (single-family and duplex lots) are located adjacent to the property—
Riverbend Filing Nos. 1 and 2, Riverbend Ranchettes, Cedar Ridge Subdivision, Riverbend Filing
No. 5, and Lot 2 of the Matthies Exemption. These residential subdivisions are on land that was
originally part of the Riverbend PUD. As already mentioned, the Riverbend PUD has been
amended numerous times to accommodate the re-location of residential uses and the new mining
and heavy industrial uses of the Coal Ridge PUD. To the south and west lie private lands which
are zoned Rural and are currently being used as grazing land/meadow hay fields/agricultural
according to the Assessor’s records. One single-family home exists to the south on one of these
properties.
The proposed Nutrient Farm PUD is compatible with the nearby residential uses and the natural
landscape, and fulfills numerous vision statements, goals, policies, and strategies/actions identified
in the Comprehensive Plan’s ten Plan Elements. With over 270 acres devoted to farming and over
608 acres designated as open space, Nutrient Farm will help bring back the rural mountain
agricultural nature of Garfield County and provide a variety of recreational, economic, and other
benefits to the County and its residents and guests.
Nutrient Farm has been carefully planned and designed to be compatible with the nearby
residential uses and the natural landscape. Unique land uses, definitions, and development
standards have been proposed in the Nutrient Farm PUD Guide to encourage this. These include
locating new single-family residential lots next to the existing nearby residential subdivisions,
feathering recreational and commercial development to the south-west, and ensuring the PUDs
proposed uses are internally compatible. For instance, new single-family homes are proposed
adjacent to the existing Riverbend Filing No. 5 subdivision. The proposed lots are actually larger
than those in the Riverbend Filing No. 5 subdivision and more similar in size to the Riverbend
Filing Nos. 1 and 2 lots. Development standards are proposed designed to yield homes compatible
with the existing Riverbend homes. (Please see the previous response to Method and calculation
used to determine overall project and specific use type densities and the Lots and Development
Standards discussions under PUD Plan – PUD Plan Guide for details on the proposed standards
in relation to the LUDC and nearby existing homes.)
The recreational and commercial/industrial uses are located on the southern and western portions
of the PUD property. The western Working Farm provides a buffer between the existing Riverbend
Subdivisions and these uses. Separate access roads off of CR 335 will also be constructed to
provide access to these areas, and a variety of measures regarding hours of operation, noise levels,
and parking have been proposed in the PUD Guide to ensure that the uses will be compatible with
the surrounding properties and any potential off-site impacts are mitigated.
As suggested in the Traffic Impact Study, and as required in the PUD Guide, Uniform Traffic
Control or Certified Traffic Control supervision will be implemented at the CR 335/Bruce Road
intersection and at the property accesses from CR 335 to help facilitate circulation during the peak
entry/exit periods of any large Nutrient Farm Event with an expected attendance of 350 persons or
Narrative – Nutrient Farm Planned Unit Development 110 | Page
more. Similarly, parking attendants will be on-site helping to direct guests to the parking and event
areas. No parking will take place on CR 335. Thus, any potential impact to neighbors traveling
along CR 335 will be minimized as much as possible.
The proposed Nutrient Farm PUD will revolve around a biodynamic working farm with an
Owner/Developer that prioritizes healthy living and responsible stewardship of the land. Nutrient
Farm will utilize organic and biodynamic agricultural practices such as avoiding all synthetic
chemical pesticides, fertilizers, and transgenic contamination. The design of the uses on-site, and
the structures supporting such uses, the internal circulation system, the solar system(s) and other
alternative energy systems, and all other aspects of Nutrient Farm, have been meticulously planned
to ensure that they blend into the surrounding area and the natural environs. The site plan for
Nutrient Farm takes advantage of the size of the land, the layout, and topography, to ensure that
internal uses blend well and complement each other. It also ensures that any use or structure is not
inconsistent to or offensive to the surrounding area. Nutrient Farm, as designed, serves as a singular
transition area from light residential to agricultural, grazing lands, open space, and rural vistas.
Specific land uses and development standards have been established in the proposed Nutrient Farm
PUD Guide to foster the compatible and orderly development of the Nutrient Farm community so
that it blends into the nearby residential development pattern and the natural landscape.
2) 7-302. OFF-STREET PARKING AND LOADING STANDARDS
As mentioned before, Off-Street Parking and Loading standards have been included in the PUD
Guide that will supersede those of the LUDC. They closely resemble the LUDC and require
compliance with section 7-302. Off-Street Parking and Loading Standards of the LUDC except for
Table 7-302.A. regarding the amount of parking spaces for each land use, the location of the
parking stalls, surfacing and striping provisions for the parking stalls, loading areas, aisles, and
access drives. These standards take into account that guests will enjoy multiple activiti es during
their visit to Nutrient Farm. The parking requirements and surfacing standards have been proposed
in an effort to reduce the amount of site disturbance and hard surfaces in Nutrient Farm and
promote water absorption for the non-residential uses. Shared permanent parking spaces and a
Temporary Parking Plan for any Nutrient Farm Events with an expected attendance of 350
individuals or more are also proposed. (Please refer to the PUD Guide and the earlier responses
to Description of how the development departs from the otherwise applicable standards of this
Code but meets the intent and purpose of this Article and PUD Plan – PUD Plan Guide for details
on the proposed parking and loading standards, and for a Parking Summary of the various Nutrient
Farm uses.)
3) 7-303. LANDSCAPING STANDARDS and
6) 7-306. TRAIL AND WALKWAY STANDARDS
Nutrient Farm will maintain the rural mountain character of the County and blend in with the
nearby residential development and surrounding landscape. A number of landscaping, trail,
Narrative – Nutrient Farm Planned Unit Development 111 | Page
pathway, and walkway design standards are contained within the PUD Guide to accomplish this.
Landscaping will be installed for all new public and private roadways within Nutrient Farm as well
as within the private parks and open spaces. (Not along CR 335, the agricultural access roads, nor
within the four Private Open Space Tracts.) As noted in the Nutrient Farm PUD Guide, the
Reclamation Standards and requirements of sections 7-208. and 4-203.E.18. of the LUDC will be
followed, and Reclamation Plans for the Vulcan Ditch and PUD have been prepared and
implemented for the Vulcan Ditch agricultural improvements. A Weed Management Plan has also
been created for the Development Areas of the property and weed mitigation has already begun.
Ecology will guide farming practices on Nutrient Farm and no chemicals or pesticides will be used
on the property by the Owner/Developer that could possibly cause contamination to the Nutrient
Farm’s plants, animals, residents, or guests. Holistic, natural, cultural, mechanical, and biological
mitigation techniques will be used against insects and weeds. This includes utilizing organic
compounds such as vinegar, pulling weeds, and introducing natural predators such as goats.
(Please refer to the Weed Mitigation Plan for details.)
Design standards have been provided for all future trails, pathways, and walkways that the
Owner/Developer will install and maintain. The LoVa Trail and all associated improvements will
be constructed by others within the CR 355 right-of-way and within the 25 foot wide public trail
easement on the eastern portion of the property as it crosses the Colorado River. (Please see the
PUD Guide for location, construction, and dedication details, and our previous responses to
General project concept and purpose of the request and PUD Plan Guide concerning Recreational
Amenities and Landscaping—Parks, Trails, and Rights-of-Way for details.)
4) 7-304. LIGHTING STANDARDS
Exterior Lighting Standards have been proposed in the Nutrient Farm PUD Guide in an effort to
minimize light pollution and conserve energy while providing adequate lighting for safety and
security for residents and guests. The proposed Exterior Lighting Standards encompass and
supersede those of section 7-304. of the LUDC with additional details regarding prohibited lighting
and exempt lighting for Nutrient Farm. Please refer to the prior discussion on lighting and the
proposed Exterior Lighting Standards of the PUD Guide for details.
5) 7-305. SNOW STORAGE STANDARDS
No unique Snow Storage Standards are proposed in the Nutrient Farm PUD Guide to supersede
those of the LUDC. Thus, LUDC section 7-305. Snow Storage Standards will apply.
Conclusion to PUD Zoning Review Criteria of 6-202.C.1.-5. – Established Zoning Standards
As mentioned before, old, ill-fitting existing PUDs for the property will be replaced with the
Nutrient Farm PUD that will allow for a mixed-use agricultural community revolving around a
working farm. Sustainability and ecology will guide agricultural practices and the property’s
natural resources will be protected. Nutrient Farm is compatible with the nearby residential land
Narrative – Nutrient Farm Planned Unit Development 112 | Page
uses and the natural landscape. The proposed PUD Guide adequately establishes uses and
development standards to foster the organized development of Nutrient Farm and compatibility
with the nearby land uses and the natural environment.
Conclusion to PUD Zoning Review Criteria of Section 6-202.C.1.-5.
We believe the Nutrient Farm PUD request meets the Planned Unit Development Zoning Review
Criteria of section 6-202.C.1.-5. well. The Nutrient Farm PUD will be more compatible with the
surrounding uses than the current PUDs and bring back the agricultural and residential intent of
the original Riverbend PUD. Nutrient Farm meets numerous goals and strategies of the
Comprehensive Plan and will be an asset to the entire Garfield County community.
Narrative – Nutrient Farm Planned Unit Development 113 | Page
G. ADDITIONAL REQUESTED INFORMATION PER NOVEMBER 22, 2022 LETTER
This revised Nutrient Farm PUD request package includes the following additional requested
information per the November 22, 2022 Letter. For ease of reference, responses to each request
have been provided below or it is noted where the information has been provided earlier in this
Narrative.
1. Title Commitments need to be updated to be more current.
As mentioned above, the entire 1,136 acres (approximately) was conveyed to Nutrient Holdings
via a single warranty deed. The title commitment was updated by Commonwealth Title Company
of Garfield County, Inc. on December 6, 2022 and a copy has been included in this submittal
packages as well as the accompanying Coal Ridge PUD Revocation and Riverbend PUD
Amendment request packages.
2. Statements of Authority needs to be recorded.
A Statement of Authority for Nutrient Holdings LLC was recorded on November 10, 2022 with
the Garfield County Clerk and Recorder under Reception No. 981220 to ensure proper ownership
interests on the subject property was properly implemented and designated. (A copy of the
recorded Statement of Authority has been included in this submittal package.) Working with our
title insurer and our title counsel, it does not appear that any further statements of authority are
required. Nevertheless, if at any juncture it comes to light that some additional or modified
statement of authority is needed, we will promptly do so. Of course, in accordance with CRS 38-
30-172(6) a statement of authority may be recorded which reaches back to and clarifies or corrects
prior transactions or prior statements of authority.
3. A Plat Amendment Application for the Matthies Exemption is needed, or the Application
needs to proposed appropriate timing for completion of the Plat Amendment.
In terms of the Matthies Exemption Plat, that plat was approved by the Garfield County BOCC on
November 14, 1994 and recorded in the Garfield County records at Reception No. 471051, over
three decades prior to Nutrient Holdings acquiring the subject Nutrient Farm property. That plat
created two parcels, colloquially the Lake Property (owned by the Lakes and not subject to the
PUD proposal), and the “Owner’s Parcel” for the primary Farm House. In terms of the various
PUD proposals at hand, and the alignment and relative sizes and boundaries of these parcels, we
have utilized this subject exemption plat for such descriptions, which is the only tool we can use.
It does appear that there may be some ambiguity related to Assessor’s records and some potential
subsequent quit claims deeds that also well preceded Nutrient’s involvement, we simply cannot
speak to the same within the context of this zoning application. Moreover, we also cannot
unilaterally proceed with any plat application that affects property outside of our interests.
Narrative – Nutrient Farm Planned Unit Development 114 | Page
Nevertheless, in order to address and resolve any concerns regarding such plat, we will agree to
some sort of condition of review or approval, etc. that notes that if it is properly determined that a
plat amendment to the existing Matthies Exemption Plat is needed, we will take prompt, good faith
efforts to process such plat in collaboration with the owners of the Lake Parcel to do the same prior
to recordation of the PUD.
4. Boundary Line Adjustments to address merger of the properties to be aggregated under
the Nutrient Farms PUD are needed or the Application needs to propose appropriate
timing for such mergers and/or provide a legal opinion/assessment of his issue.
As indicated previously, we will not be merging any parcels or adjusting any internal boundary
lines within the property prior to the Nutrient Farm PUD review and approval. To proceed with
such efforts on the auspice of presuming quasi-judicial approval of the PUD seems to put the
proverbial cart before the horse. Moreover, there is no pressing reason or requirement to do so at
this juncture, as there is no requirement under the LUDC or state law or jurisprudence that would
mandate such an effort. In fact, to the contrary, both the LUDC and state law belie any notion that
such merger is required.
First, per section 6-101.B. of the LUDC, multiple contiguous parcels are expressly allowed to be
included in one proposed PUD, as follows:
Any single parcel of land or contiguous parcels of land comprising a minimum of 2 acres,
sufficient to accommodate an integrally planned environment to be developed through a
unified plan, is eligible for PUD zoning.
In terms of pragmatic application of this notion, one need look no further than the Riverbend PUD
itself, which of course includes scores of separate properties within it. That PUD, in closer to its
present manifestation with various parcels under different ownership, contained therein, has
already been subject to several PUD Amendments. We of course have four contiguous parcels
here that far exceed two acres in total area, all under one owner (though they need not be). We
readily meet the qualifications to proceed with the PUD as proposed.
Further, we point to a Colorado appellate case which has become the seminal case regarding how
a PUD may be processed amongst owners of the property within a PUD. In Whatley Ranch v.
Summit County, 77 P.3d 793 (2003), the Colorado Court of Appeals noted that a proposed PUD
designation may be processed if all owners of property within the proposed PUD sign off on the
application. In terms of a PUD Modification, only the directly affected properties within a PUD
need to sign off on the application to proceed. Any other property owners need only receive notice
of the application via the public notice process.
In the present matter, Nutrient Holdings is the owner of all property within the Nutrient Farm
PUD—and has of course signed off on the application fully. Nutrient Holdings is also the owner
of all property within the Coal Ridge PUD and has signed off accordingly. In regard to the
Narrative – Nutrient Farm Planned Unit Development 115 | Page
Riverbend PUD Amendment request, we are seeking an amendment to only the PUD area
boundaries that exclusively only affects the property that Nutrient Holdings owns. Thus, we are
the signatories to the application that only affects such properties.
Ultimately, we are happy to explore any future platting or merger that the County feels is necessary
or appropriate after the PUD is reviewed and hopefully approved. However, there is no legal
mandate, nor any clear policy impetus, behind doing so prior to review–when of course quasi-
judicial approval is not even in any manner guaranteed.
5. Updated public notice mailing lists and mineral owners lists appliable to this application
and the current legal/parcel description.
This issue has already been addressed and resolved internally with Staff.
6. A check or payment to CGS (Colorado Geological Survey) is needed as we will be
referring the Application to them for comment.
We understand the CGS referral is usually associated with subdivision requests, but we agree it
would be beneficial to obtain CGS feedback during the PUD review process so that any
suggestions or additional information may be considered at this time rather than at the time of any
subdivision or site specific development. Per the CGS website fee schedule, a check in the amount
of $2,500 has been provided with the updated Nutrient Farm PUD package.
7. Mapping needs to show legal description for the existing PUD’s and proposed PUD.
(Note: recent meetings have identified the Sopris Engineering Survey mapping as
reference in our title work as a key document.)
Maps have been prepared by our survey team illustrating the location of the Coal Ridge PUD and
the remaining portions of the Riverbend PUD to be amended, as well as their separate legal
descriptions. The Nutrient Holdings property contains the entire Coal Ridge PUD and all of the
remaining unsubdivided portions of the Riverbend PUD. The title commitment shows the property
consists of four parcels, Parcels A-D, containing approximately 1,136 acres. The legal description
came directly from the title commitments prepared by Commonwealth Title Company of Garfield
County, Inc. The original title commitment File No. 1805028 was amended to reflect a price
change, buyer/owner name change, include hyperlinks, new dates, correct punctuation and spacing
in the legal description, etc. According to our surveyor, none of these edits impacted the boundaries
of the property. As mentioned above, an updated title commitment has been prepared by
Commonwealth Title Company Filing No. 2103068 and has been attached to this application
packages. Again, the legal description did not change from the original title report to this most
recent one.
Exhibit A of the current title commitment identifies the property to be conveyed in the four parcels,
A, B, C, and D—each with its metes and bounds legal description. The legal description
Narrative – Nutrient Farm Planned Unit Development 116 | Page
specifically excludes a few areas from Parcels A and C, and from Parcel B such as the Amended
Lake parcel, the existing Riverbend Subdivisions Filing Nos. 1 and 2, the Riverbend Ranchettes,
the school site, Riverbend Filing No. 5, the Cedar Ridge Subdivision, and various Colorado
Department of Transportation (“CDOT”) parcels. For instance, under Parcel B, the title report
states:
EXCEPTING FROM THE ABOVE DESCRIBED LANDS:
1. All that portion platted as Riverbend Subdivision Filing No. 1 as shown on Reception No. 281326
2. All that portion platted as Riverbend Subdivision Filing No. 2 as amended as shown on Reception No.
281329 and No. 299710
3. All that portion platted as Riverbend Ranchettes Final Plat as shown on Reception No. 290481
4. All that portion conveyed to the Board of County Commissioners of Garfield County, Colorado, by
Deed recorded August 31, 1979 in Book 534 at Page 416 as Reception No. 297140
5. All that portion platted as Riverbend Subdivision Filing No. 5 as shown on Reception No. 517550
6. All that portion platted as Cedar Ridge Subdivision as shown on Reception No. 501840
7. All those portions described as Parcel No. 143; Parcel No. 143-A; and Parcel No. 143-B in the Rule
and Order of the Garfield County District Court in Civil Action No. 6635 and recorded in Book 437 at
Page 383 as Reception No. 255941
8. All that portion of the lands described in the deeds recorded in Book 906 at Page 790 as Reception No.
464984, Book 863 at Page 424 as Reception No. 447796, and Book 1712 at Page 990 as Reception No.
679354
All as recorded in the office of the Clerk and Recorder of Garfield County, Colorado.
A survey prepared by Sopris Engineering was obtained during the sale of the property and was
provided separately from the original application submittal to the County and is also included in
the three submittal packages. The survey is titled “NCIG Ranch Parcel” and its Notes indicate that
it relied on the title commitment prepared by Commonwealth Title Company File No. 1805028
with an effective date of May 9, 2018. Sheet 1 of the survey contains the title commitment’s metes
and bounds legal descriptions and sheet 2 contains its exceptions noted above. Again, no change
occurred to the legal description from the original Title Commitment (File No. 1805028 effective
date of May 9, 2018), through its subsequent revisions, to the most recently updated commitment
File No. 2103068.
For illustration, Sheet 1 of the Sopris Survey contains a map of the property and a legend in the
lower left-hand corner that specifies each Parcel A, B, C, and D, as well as the title commitment
exceptions. Sheet 4 contains a boundary map with Notes and calls illustrating the conveyed
property. It can be seen that the various existing Riverbend developments—Riverbend
Subdivisions Filing Nos. 1 and 2, Riverbend Ranchettes, Cedar Ridge Subdivision, Riverbend
Filing No. 5 Subdivision, and the Lake Parcel (Lot 2 of the original Matthies Subdivision
Exemption), as well as the 10 acre RE-2 School Site, are not included in the Nutrient Holdings
property and consequently, not contained in the Riverbend PUD Amendment, Coal Ridge
Revocation, or Nutrient Farm PUD requests. As already mentioned, the title commitment File No.
1805028-1 and this survey were utilized by SGM to prepare the Nutrient Farm PUD legal
description, Development Plan Map, and all the other proposed maps and documents in our
requests. All shown SGM map boundary areas match the various title commitments legal
Narrative – Nutrient Farm Planned Unit Development 117 | Page
descriptions from Commonwealth Title Company of Garfield County and the Sopris Engineering
survey. (A copy of the Sopris Engineering survey, the SGM Nutrient Farm PUD legal description,
the Nutrient Farm PUD Development Plan Map, and maps and legal descriptions for the Coal
Ridge PUD and remaining Riverbend PUD area to be amended are also be included in the various
submittal packages for reference.)
Nevertheless, the fundamental points of consideration in terms of the PUD boundaries and
property interests remain rather straightforward. The County adopted both the Riverbend PUD and
the Coal Ridge PUD many decades ago and have henceforth maintained those zoning designations.
Thus, it is the County that dictated these PUD boundaries, which are essentially zoning boundaries,
not property boundaries. Nutrient Holdings had no involvement in any of those steps.
As discussed above, when the Coal Ridge PUD is revoked, those boundaries simply go away, and
will be subsumed by the broader and much larger Nutrient Farm PUD.
In terms of the Riverbend PUD, once again, it is the County that reviewed and approved and legally
created all the subdivisions within that PUD, as well as the other exceptions such as the Lake
Parcel. What is left from all these formally approved Riverbend subdivisions is a remainder parcel,
never subdivided, but serving as a remnant or carve out, of all remaining area in the Riverbend
PUD. That remainder parcel is generally on the outer western end of the Riverbend PUD area.
This carve out parcel was not subject to any further land use reviews and approvals and thus said
parcel now stands as the final remainder parcel of the PUD. That remainder, carve out parcel, is
owned in its entirety by Nutrient Holdings.
It follows that, generally speaking, the inner edge of this remnant parcel will now become the outer
boundary of the new Riverbend PUD. In other word, the Riverbend PUD, as modified, will
encompass an area that consists of all the parcels which have already been subject to some level
of review and approval by the County, such as subdivision or subdivision exemption. This same
western Riverbend boundary will of course also become the eastern boundary of the adjacent
Nutrient Farm PUD. To that extent the proposed Nutrient PUD is essentially nothin g more that
the entirety of the old Coal Ridge PUD combined with the carve out remainder parcel of the
undeveloped Riverbend PUD. Ultimately, these property descriptions, which are now again
provided, have already been well determined by the County in prior land use decisions. Our
descriptions are thus no more than a precise reflection of these prior decisions, and a combination
of those areas into one larger, master PUD for all remaining property.
8. Specific responses are needed to Article 7, Division 2 Standards including but not limited
to Agricultural Lands Wildlife, Waterbody Protection, Drainage & Erosion,
Environment, Natural and Geological Hazards, and Reclamation.
As requested, additional information related to Article 7, Division 2 has been provided below.
Many responses to these standards are already found throughout this Nutrient Farm PUD submittal
package—in the Narrative or various accompanying analysis, reports, and maps. However, not all
Narrative – Nutrient Farm Planned Unit Development 118 | Page
of them are included such as 7-201. Agricultural Lands. As the Nutrient Farm PUD request is a
zoning request and no improvements are proposed/will be approved, many of these General
Resource Protection Standards are more adeptly applied to future site-specific development
requests on the property, where the specific details of such improvements can be analyzed. Thus,
the Nutrient Farm PUD Guide contains many provisions addressing these General Resource
Protection Standards. We believe the Nutrient Farm PUD meets the General Resource Protection
Standards of 7-200. well.
7-201. Agricultural Lands
A. No Adverse Effect to Agricultural Operations
As stated in the Impact Analysis section 4.1 Adjacent Land Uses, the adjacent land uses within
1,500 foot radius of the Nutrient Farm property consists of the Colorado River, Colorado
Department of Transportation and Union Pacific Railroad rights-of-way, residential development,
undeveloped private land, Agricultural properties with irrigated lands, meadow hay lands, and
grazing lands, and public land managed by BLM. Pockets of residential development—the various
Riverbend PUD subdivisions, are adjacent to the Nutrient Farm PUD property.
North Side: To the north of the property is the Colorado River, Union Pacific Railroad, and
Interstate 70, and beyond that is a mixture of different residential and commercial uses, and
Agricultural Properties being used as irrigated lands, meadow hay lands, and grazing lands.
East Side: To the eastern side of the property is BLM public land.
South Side: To the south is BLM public land and a private property that is designated as an
Agricultural Property according to the Assessor’s records. Irrigated lands, meadow hay lands, and
grazing lands are specified uses.
West Side: To the west, the current land use is primarily irrigated agricultural hay fields and
undeveloped mixed mountain shrublands.
Nutrient Farm, considering its agricultural, residential, recreational, and commercial uses as
outlined in the PUD, is highly compatible with surrounding uses and will not cause an adverse
impact to any of the nearby agricultural operations. To the contrary, it will proffer a significant
benefit to such adjacent properties and uses. The Nutrient Farm PUD revolves around its farm
areas and operations. Nutrient Farm itself is planned as a sustainable organic holistic working farm.
No synthetic chemical pesticides will be used nor any other chemicals that could potentially cause
contamination to the farm’s crops, livestock, residents, or guests. Nutrient Farm prioritizes healthy
living and responsible stewardship of the land. The majority of the developable area, over 270
acres of the property, will be devoted to agricultural uses. No use in the PUD will be allowed to
negatively impact the farm areas. The existing Riverbend and Coal Ridge PUDs call for additional
residential and mining/heavy industrial activities on the property. Thus, Nutrient Farm will be
compatible with the nearby agricultural properties and meet the Comprehensive Plan’s goals to
Narrative – Nutrient Farm Planned Unit Development 119 | Page
promote and expand agricultural lands. The viability of the nearby agricultural operations will not
be impacted, and the opportunity for agricultural operations will be maintained on and off -site.
(Please refer to the Impact Report for adjacent uses and the earlier responses to Explanation of
general conformance with the Comprehensive Plan, 7-103. Compatibility, and the Density and
Lots discussions under PUD Plan – PUD Plan Guide for more information.)
B. Domestic Animal Controls
Dogs and other domestic animals that are not being used to assist with herding livestock or other
operational activities on Nutrient Farm will not interfere with livestock or the care of livestock on
the Nutrient Farm property or on nearby agricultural properties. As part of the Impact Report’s
wildlife habitat potential analysis, recommended mitigation measures were suggested that
included prohibiting dogs and cats of residents and guests of Nutrient Farm to run free on the
property. This suggestion, and many more, are included in the PUD Guide’s Wildlife Protection
measures. Specifically, those relating to pets include:
• Dogs and cats shall not be allowed outside of fenced yards unless under leash control.
Loose dogs and cats are prohibited outside of individual residential fenced yards or any
designated Dog Park on the property.
• Pets shall not be fed outdoors on the individual residential lots. This does not apply to the
feeding of animals on the Working Farm – East and West, Commercial, or Industrial
Development Areas on the property.
All future residents and guests of the property must abide by the Wildlife Protection measures of
the PUD. Any future residential subdivisions not associated with the operation of Nutrient Farm
will also contain protective covenants or other deed restrictions related to the control of domestic
animals.
C. Fences
Agricultural fences have been installed on Nutrient Farm as part of the farm’s operations. Fencing
exists on both the Eastern and Western Working Farm areas—around the livestock areas and future
orchards. The fencing helps delineate the agricultural operations and provides containment/
physical separation from other portions of the PUD areas, and the nearby residential uses, hay field
uses, and County Road 335. In the future, additional fencing may be installed within the PUD for
safety purposes around utility systems or around recreational areas (i.e., swimming pool, etc.).
Fencing recommendations are also included in the Impact Report which are incorporated into the
PUD Guide’s Wildlife Mitigation Measures. These include:
• Fences, including wildlife friendly fences, shall be installed per the terms of this PUD
Guide.
• Any orchards on the Working Farm – East and West shall be within fenced areas.
• Fences to contain children and pets are encouraged.
Narrative – Nutrient Farm Planned Unit Development 120 | Page
PUD Table 6 – Allowed Heights – Accessory Structures specifically regulates the height of
different types of fences within the various Development Areas of Nutrient Farm. Section III.B.3.
of the PUD also contains Wildlife Fencing provisions in an effort to minimize any potential
impacts to wildlife and blend into the natural environment. (Please refer to the PUD Guide for the
specific requirements.)
All fences will be maintained by the owner of the fence. Thus, no adverse impacts to adjoining
agricultural lands will take place.
D. Roads
As mentioned earlier, a Conceptual Access, Circulation and Parking Plan for Nutrient Farm has
been attached to the PUD Guide as Exhibit C showing multiple public and private streets, roads,
and driveways to be constructed by the Owner/Developer to provide access to various portions of
Nutrient Farm. Section IV.A.2. of the PUD discusses the design standards for these—including
private roads, internal agricultural roads, and campground/RV area roads. A 25 foot minimum
setback from the edge of a dedicated right-of-way or from the edge of road for all other non-
dedicated roads or streets is required according to Table 3 of the PUD Guide.
All roads within Nutrient Farm will provide adequate, safe, and efficient access and circulation for
the property, and will be located so that normal maintenance, including snow storage and removal,
will not damage the existing or future fences within the PUD. Due to the vast amount of vacant,
unsubdivided land within the Nutrient Farm property, there will be no difficulties with
maintenance operations for the County on CR 335 (an 80’ right-of-way will be dedicated for CR
335 and the road itself is approximately 22’ wide) nor for the Owner/Developer on any of the
private roadways. More than sufficient snow storage areas will be provided. Dust will be
controlled, both during and after construction in Nutrient Farm, to minimize adverse impacts to
livestock, crops, and adjacent properties. The PUD Guide includes dust control requirements for
various uses and activities in Nutrient Farm (i.e., Nutrient Farm Events). Regardless of the use or
activity, dust will be controlled within the Nutrient Farm property to minimize the possibility of
adverse impacts to the PUD’s residents, guests, livestock, crops, and nearby properties.
E. Ditches
The Vulcan Ditch runs through the property and provides water to Nutrient Farm. The Vulcan
Ditch has been used historically to irrigate the hay fields on the property. The Water Adequacy
Report for Proposed Development Nutrient Farm is included in this PUD application package and
provides a history of the property’s water rights and analyzes the water rights in relation to the
proposed PUD uses. It states,
Acquisition of the Nutrient Farm property included significant ownership in the Vulcan Ditch as
well as Coal Ridge Pump & Pipeline and associated Coal Ridge Reservoir. The Vulcan Ditch was
Narrative – Nutrient Farm Planned Unit Development 121 | Page
decreed in 1908 for diversion from Canyon Creek, a tributary on the north (opposite) side of the
Colorado River from the Farm. The Vulcan Ditch historically passed through an inverted siphon
across the Colorado River, emerging high on the hillside on the south side of the River on the
Farm property. From there the Vulcan Ditch cuts through the Farm property, terminating toward
the western property boundary. The Vulcan Ditch was historically used to irrig ate the hay fields
on the Farm property. The Farm plans to make necessary repairs to the Vulcan Ditch and to
replace the siphon across the Colorado River with an overpass to carry the ditch over the River to
the Farm. (Water Adequacy Report for Proposed Development Nutrient Farm, page 2.)
The Vulcan Ditch terminates on the western portion of the property. Besides the Owner/Developer
owning water rights to the Vulcan Ditch, Christopher Lake owns two acre feet of the Vulcan Ditch.
Although the Owner/Developer of Nutrient Farm has created a diversion for the Lake property
through Nutrient Farm, it is not currently being used. Presently, a separate pump and pipeline takes
water from the Colorado River across the Nutrient Farm property to the Lake property. Thu s,
Nutrient Holdings LLC controls both the land being developed and the ditch right-of-way that
traverses the land being developed. Nutrient Holdings is the only user of the Vulcan Ditch that
traverses the land.
The Owner/Developer acknowledges and agrees to 7-201.E.1-9 below:
1. Colorado State Statutes, C.R.S. 37-86-102, provides that “any person owning a water right
or a conditional water right shall be entitled to a right-of-way through the lands which lie
between the point of diversion and point of use or proposed use for the purpose of
transporting water for beneficial use in accordance with said water right or conditional
water right.” A plat note shall be placed on all final plats and site plans for land use change
permits for properties that are impacted, or contain, irrigation ditches.
2. The Colorado Constitution Article XVI, Section 7 provides that all person s and
corporations shall have the right-of-way across public, private corporate lands for the
construction of ditches for the purposes of conveying water for domestic, agricultural,
mining, manufacturing and drainage purposes upon just compensation.
3. Rights-of-Way. The land use change shall not interfere with the ditch rights-of-way.
4. Maintenance. Where irrigation ditches cross or adjoin the land proposed to be developed,
the developer shall insure that the use of those ditches, including maintenance, can
continue uninterrupted.
5. Maintenance Easement. A maintenance easement shall be included on any Final Plat for
the division of land or for the final development plan for any other land use. The Applicant
shall provide a letter from the ditch owner accepting that the development proposal will
have no impact on their ability to maintain the ditch and that an adequate maintenance
easement is possible. No structure or fence shall be placed within the right-of-way or
easement without written permission from the appropriate the ditch owner.
Narrative – Nutrient Farm Planned Unit Development 122 | Page
As noted above, Nutrient Holdings owns the ditch, and all water rights conveyed through
the ditch. As the ditch owner, Nutrient Holdings consents to the modifications to the ditch
contemplated by the development. Any addition, as the underlying landowner, Nutrient
Holdings agrees to continue to maintain the ditch in such a way as to be agreeable to the
owner of the ditch and water rights—which, again, is Nutrient Holdings.
6. Ditch Crossings. Ditch crossings shall respect the rights of ditch owner(s) to operate and
maintain their ditch without increased burden or liability. Development shall minimize
ditch crossings. At a minimum all irrigation ditch crossings shall:
a. Require the crossing to be sized to not interfere with ditch operations or change
existing hydraulic flow characteristics;
b. Provide vehicle and maintenance equipment access to the ditch from both sides of the
ditch crossing from all roads for use by the ditch owner(s).
c. Prior to permit application, or construction within the ditch right-of-way the Applicant
shall provide a letter from the ditch company regarding agreement with standards
contained in the proposed crossing;
There is no ditch company. Nutrient Holdings is the sole owner of the ditch that traverses
the land.
d. The BOCC may require specific improvements to ditch crossings if determined to be
necessary in the review process, particularly if these improvements are required to
address safety concerns;
7. Referral to Ditch Owner. Applications for the Division of Land or Land Use Change Permit
that may affect or impact any ditch right-of-way shall include the name and mailing
address of the ditch owner. (This information may be obtained by contacting the Water
Commissioner at the Colorado Division of Water Resources to determine the ditch owner
for purposes of requesting review and comment on the development proposal.)
Nutrient Holdings is the sole owner of the ditch. Thus, no referral to the ditch owner is
required in this instance.
8. Drainage. Application for the Division of Land or Land Use Change Permit that includes
any improvements located adjacent to or below grade of an irrigation ditch shall address
and mitigate potential impacts to irrigation ditch in a drainage plan. The drainage plan
shall demonstrate the drainage will not impair operations of the ditch.
9. Water Quality and Storm Water Management. No development or changes in land uses
shall channel surface waters into any irrigation ditch without the written consent of the
ditch owner.
Again, Nutrient Holdings is the sole owner of the ditch on the land to be developed as well as the
Owner/Developer of the Nutrient Farm PUD proposal.
Narrative – Nutrient Farm Planned Unit Development 123 | Page
7-202. Wildlife Habitat Areas
The applicant shall consult with the Colorado Parks and Wildlife or qualified wildlife
biologist in determining how best to avoid or mitigate impacts to wildlife habitat areas.
Methods may include, but are not limited to, 1 or more of the following:
A. Buffers
B. Locational Controls of Land Disturbance
C. Preservation of Native Vegetation
D. Habitat Compensation
E. Domestic Animal Controls
Over 600 acres, approximately 53.60% of the Nutrient Farm property, will be preserved as open
space. The open space is adjacent to the nearby BLM lands and will not only provide habitat for
wildlife but serve as a buffer to the flatter portions of the property where development is planned.
The Impact Analysis Report for the Nutrient Farm PUD includes an inventory and evaluation of
the natural vegetation and wildlife habitat potential on the property—including aquatic species use
of the Colorado River. Federal, State, and local lists and maps were utilized. Federal and Sta te
listed species were reviewed to determine if there are any species’ potential habitats on or adjacent
to the Development Areas of Nutrient Farm. We also met with Travis Bybee, CPW District
Manager, discussing the project—its potential impacts and to develop mitigation measures to
reduce any potential impacts to wildlife and their habitats.
The Impact Analysis Report notes that most of the proposed Development Areas are in previously
disturbed areas which provide minimal environmental services or habitat for wildlife. However,
in order to minimize any potential impacts to wildlife and improve the overall quality of wildlife
habitat on and near the property a number of measures will be implemented by the Owner/
Developer related to: garbage disposal and storage; compost piles and dumps; agricultural fences,
wildlife friendly fences; pets; bird feeders; signage; exterior lighting; hours of operation; and weed
management. All such measures related to these topics are specified in the PUD Guide and are
either already implemented or will be implemented for specific development stages in the Nutrient
Farm phasing plan or at the time of site specific development of a particular use.
In addition, the Impact Analysis Report suggests that a Wildlife Mitigation Plan be developed and
implemented in cooperation with CPW. This will be developed after the review and approval of
the Nutrient Farm PUD. This Wildlife Mitigation Plan may include mitigation measures to reduce
the impacts to Elk and Mule Deer such as leaving taller stubble heights in pastures for more grazing
opportunities, the use of some lay-down fences, development of wintertime water sources, and
assistance with water sources development on nearby BLM lands.
Please refer to the Impact Analysis Report and PUD Guide for details relating to the wildlife
analysis and the Nutrient Farm Wildlife Mitigation measures.
Narrative – Nutrient Farm Planned Unit Development 124 | Page
7-203. Protection of Water Bodies
A. Minimum Setbacks
B. Structures Permitted in Setbacks
C. Structures and Activity Prohibited in Setbacks
D. Compliance with State and Federal Laws
The Impact Report for the Nutrient Farm PUD details the property’s physical features including
its topography, water bodies, vegetation cover, soil characteristics and geologic conditions.
Approximately 2.75 miles of the Colorado River runs through the northern portion of the property
and two minor intermittent drainages occur on the southern slopes of the property draining into it.
The areas immediately adjacent to the Colorado River contain sparse and discontinuous
wetland/riparian vegetation on its banks. No wetlands extend beyond the immediate vicinity of
the Colorado River. (No formal wetland delineation was conducted, rather a visual inspection of
the soils and plants.) The area adjacent to the Colorado River is also within the County’s
Floodplain Overlay District and contains land within the designated 100-year floodplain.
Section 3.4 of the Impact Analysis Report includes a detailed Floodplain discussion in relation to
the County’s Floodplain Overlay District, Federal Emergency Management Agency’s (“FEMA”)
forthcoming publication of the floodplain study for this reach of the Colorado River, the
Preliminary Flood Insurance Study and accompanying maps, and Geographic Information System
(“GIS”) digital data from the County website. At that time, SGM understood that FEMA was
reviewing a new detailed floodplain study for this reach with reduced 100-year flowrate per the
adopted LOMR. Expectations were that the study would result in 100-year water surface elations
that are lower than shown in previous studies.
As noted in the earlier response to 7-108. Use of Land Subject to Natural Hazards, in late
November of this year, SGM obtained the latest Draft Preliminary study from the CWCB which
designates 55.79.3 as a typical 100-year water surface elevation (WSE) in NAVDSS which
matches the property’s datum. Preliminary Floodplain Mapping was created for the property by
SGM based on the WSE and it shows that the limits of the floodplain are confined to the riverbank.
The location of the floodplain will not impact the proposed Nutrient Farm PUD development
except for the boat ramp/tie ups. Crucially the vast majority of all development and uses of any
kind in the Nutrient Farm PUD is set back a significant distance from the riverbanks, and also
separated by a significant topographical difference. The majority of the property, and thus the uses
proposed, are significantly above and away from the Colorado River.
A floodplain permit and all other necessary State or Federal permits will be obtained in the future
at the time of the site specific development request for these improvements. (The existing pump
station is still safely above the 100-year WSE.) We will continue to monitor the draft information
and its review by FEMA and make any modifications to our mapping analysis and plans as needed.
For the time being, this information is the best data available. (A copy of a draft Preliminary
Floodplain Mapping has been included in this application package.)
Narrative – Nutrient Farm Planned Unit Development 125 | Page
The Impact Analysis Report concludes, “Based on our review of the proposed Nutrient Farm PUD
improvements with respect to all flood study information referenced above, the development will
comply with all applicable FEMA, National Flood Insurance Program (“NFIP”), CWCB and
Garfield County floodplain regulations. Specially, any future improvements will comply with the
applicable Floodplain Overlay Regulation of sections 3-102. and 3-301. and the Floodplain
Specific Site Plan requirements of 4-203.O.1. of the LUDC. In addition, any future improvements
near the Colorado River will abide by section 7-203. Protection of Waterbodies of the LUDC. This
includes the required setbacks for structures and activities near a waterbody and compliance with
all applicable State and Federal regulations and permitted requirements, including, but not limit
to, Section 404 of the Federal Clean Water Act administered by the Army Corps of Engineers.”
Section IV.B. of the PUD Guide echoes this same language by requiring compliance with the
above LUDC sections and with all applicable State and Federal regulations and permitting
requirements including, but not limited to Section 404. (Please refer to the PUD Guide, Impact
Analysis Report, and the earlier response to 7-108. Use of Lands Subject to Natural Hazards for
additional information.)
7-204. Drainage and Erosion
A. Erosion and Sedimentation
B. Drainage
C. Stormwater Runoff
A Soils and Geohazards Evaluation was prepared for the Nutrient Farm property and submitted in
the PUD application package. A specific Soils and Geohazards section is also included in the PUD
Guide. This section requires all future improvements to abide by the Drainage and Erosion
requirements of section 7-204. and the Natural and Geological Hazard standards of section 7-207.
of the LUDC. (Please see below for more details on the applicability of section 7-207.F.2.)
7-205. Environmental Quality
A. Air Quality
Any Land Use Change shall not cause air quality to be reduced below acceptable levels
established by the Colorado Air Pollution Control Division.
B. Water Quality
At a minimum, all hazardous material shall be stored and used in compliance with
applicable State and Federal hazard materials regulations.
Nutrient Farm will be a sustainable holistic community centered around its biodynamic Working
Farm areas. A variety of fruits and vegetables will be grown and animals will be raised on the
property. Non-organic chemical use will be restricted, and electro-magnetic radiation emissions or
electro-magnetic pollution will be minimized on the property which could potentially cause
contamination to the farm, its residents, or guests. Ecology will guide agricultural practices and
the property’s natural resources will be protected. Holistic and natural mitigation practices will be
used against insects and weeds.
Narrative – Nutrient Farm Planned Unit Development 126 | Page
As previously mentioned, dust control suppression efforts will take place on Nutrient Farm
according to the PUD Guide to minimize any potential negative impacts to its residents, guests,
animals, crops, and neighbors. Nutrient Farm activities will not cause air quality to be reduced
below the Colorado Air Pollution Control Division’s acceptable levels. With our emphasis on
organic and biodynamic practices, use of hazardous materials will be avoided as much as possible
on Nutrient Farm. Any hazardous materials will be stored and used in compliance with all State
and Federal hazardous materials regulations.
7-206 Wildfire Hazards
A. Location Restrictions
B. Development Does Not Increase Potential Hazard
C. Roof Materials and Design
Nutrient Farm is located within CRFR jurisdiction. As noted in the PUD Guide and earlier
response to 7-109. Fire Protection, all development on the property will meet all fire protection
requirements of the CRFR and comply with wildfire hazard mitigation/defensible space
requirements of the CRFR at the time of building permit for each individual building or structure.
Wildfire mitigation strategies are encouraged for all construction and development within Nutrient
Farm.
Our Engineering Team has met with Orrin Moon, the Fire Prevention Division Chief, on-site
reviewing the property and discussing the Nutrient Farm PUD Plan Map. The general road design
was reviewed, and all CRFR road design standards will be met with the formal design and
construction of the future roads. All fire flow needs will be met through potable and raw water
storage or water supplies and infrastructure sizing. Specifically, for those portions of Nutrient
Farm served by its own water system, multiple dry hydrants connected to the on-site cisterns or
irrigation and recreational water ponds will be installed throughout property for emergency use by
the CRFR.
As mentioned before, the new residences in Development Areas 1, 3, and 4 are intended to connect
to the nearby Riverbend system. Numerous fire hydrants are located throughout the existing
Riverbend subdivisions. The existing Riverbend potable system provides about 50,000 gallons of
storage augmented by a 115 gallons per minute (“gpm”) supply flow from their wells. The intent
is for Nutrient Farm to add a 150,000 gallon potable storage tank to bring the fire storage
component up to municipal standards as new residential lots are platted in Areas 1, 3, and 4 in
exchange tap fee credits. New fire hydrants from 8-inch diameter lines will be placed as necessary
so that each new residential lot is within 250 feet of a hydrant.
In terms of 7-206.A. – Location Restrictions, according to Map 7 – The County Wildfire
Susceptibility Index Map, the property contains areas designated as “N/R” on its flatter portions
of the property, and “low” and “moderate” ratings across the eastern portions and southern portions
of the property as it rises up the Hogback. Thus, no development is planned on any severe wildfire
hazard area with slopes greater than 30% nor is any development intended within a fire chimney
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as identified by the Colorado State Forest Service. (Please let us know if a fire chimney has been
identified in the Development Areas on the property that we have inadvertently overlooked.)
Thus, the Nutrient Farm development is not expected to increase the potential intensity or duration
of a wildfire, or adversely affect wildfire behavior of fuel composition. Rather, with the
construction of multiple ponds installed throughout the property and the installation of additional
fire hydrants on the property for emergency use, we believe the intensity or duration of a wildfire
will decrease. We will be glad to incorporate non-combustible roofing materials or other materials
recommended by the CRFR to help reduce the property’s structures’ ignitability.
7-207. Natural and Geological Hazards
A. Utilities
B. Development in Avalanche Hazard Areas
C. Development in Landslide Hard Areas
D. Development in Rockfall Hazard Areas
E. Development in Alluvial Far Hazard Areas
F. Slope Development
G. Development on Corrosive or Expansive Soils and Rock
H. Development in Mudflow Areas
A Soils and Geohazards Evaluation has been prepared for the property and a discussion of the
parent geology and soils within the PUD area are included it the Impact Analysis Report. A Slope
Analysis was also prepared and submitted in this PUD application package. A specific Soils and
Geohazards section is provided in the PUD Guide.
The Soils and Geohazard Evaluation (“Evaluation”) focused on the property’s areas intended for
development. Several geological maps were reviewed and a number of potential geohazards were
identified including: collapsible/compressible soils; expansive/swelling soils; debris flows;
landslide/potentially unstable slopes; erosive soils; and an area of previous mining activity. (The
locations of these areas are shown on the Evaluation’s maps.) The Evaluation noted that many of
the potential hazards could be mitigated with proper engineering design techniques (i.e.,
collapsible and expansive soils can be mitigated using deep foundation systems) or the potentially
hazardous areas could simply be avoided.
Thus, as noted in the PUD Guide, prior to building permit, further site-specific geotechnical
investigations (i.e., test pits/soil sample evaluations) will be performed to determine if any
potential geotechnical hazards exist in a certain area so that any proper engineering mitigation can
be designed. All future improvements will abide by the Drainage and Erosion requirements of
section 7-204. and the Natural and Geological Hazard standards of section 7 -207. of the LUDC
regarding the installation of utilities and development in any avalanche, landslide, rockfall, alluvial
fan, corrosive or expansive rock, mudflow, and fault hazard areas. However, section 7-207.F.2.
shall only apply to residential or lodging development in Nutrient Farm. All other types of non-
habitable uses may be allowed on 30% slopes. However, any development on such 30% slopes is
still subject to the study requirements of 7-207.F.1. for any development on slopes over 20%.
Narrative – Nutrient Farm Planned Unit Development 128 | Page
As mentioned before, previous mining activity took place on the western Coal Ridge PUD portion
of the property—exploratory holes were drilled into the hillside and sediment control
improvements were constructed. However, no coal seams were reached. The portals were sealed
and backfilled, and all disturbed areas revegetated to the satisfaction of the Colorado Division of
Reclamation, Mining and Safety. These improvements and their locations will be considered
during future site-specific geotechnical investigations that will take place prior to construction.
Thus, all natural and geological hazards have been identified on the property. No improvements
will be constructed in these areas unless additional studies are conducted, any applicable mitigation
provided, and all necessary approvals obtained per the relevant requirements of the LUDC and any
other applicable State and Federal regulations.
7-208. Reclamation
A. Applicability
B. Reclamation of Disturbed Areas
Section III.D.2. of the PUD Guide specifically addresses the reclamation standards and
requirements found in section 7-208. of the LUDC. It states:
2. Reclamation
The Reclamation Standards and requirements contained within section 7-208. and 4-
203.E.18. of the LUDC shall apply to any development that requires a Land Use Change
Permit, including divisions of land; as well as the installation of a new OWTS or the
replacement of any OWTS; driveway construction that requires a County Access Permit or
Colorado Department of Transportation (“CDOT”) Access Permit; and preparation areas
as more fully described in the LUDC.
All areas disturbed during these activities shall be restored to a naturally appearing state in
order to blend in with the adjacent undisturbed topography and to prevent soil erosion.
In addition, a Reclamation Plan for the Vulcan Ditch irrigation improvements and a Reclamation
Plan for the overall PUD property have been prepared and submitted in this Nutrient Farm PUD
application package. All disturbed areas will be stabilized and revegetated according to the above
sections of the LUDC and recommendations of the two Reclamation Plans.
A weed survey was also conducted on the property inventorying County and State listed noxious
weeds or invasive species targeted for statewide eradication. Its findings and recommendations are
documented in a Weed Management Plan for the property and also incorporated into the Impact
Report. The Weed Management Plan was prepared and submitted per section 4-203.E.18. of the
LUDC and is also included in this submittal package. As Nutrient Farm will become a certified
organic facility, the recommendations to manage and control noxious weeds revolve around a
variety of natural, cultural, biological, and mechanical techniques. These techniques focus on
maintaining the biodynamic nature of the Nutrient Farm and eliminating any impacts from noxious
chemicals or other treatment regiments that pose a threat to the farm, the environment, or the
community.
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The PUD Guide, section III.D.3. references the Weed Management Plan for the property. The
Nutrient Farm PUD Owner/Developer has also specifically reserved the right to conduct weed
mitigation efforts along the forthcoming CR 335 right-of-way dedication and within the 25 foot
LoVa trail easement on the property. (Please refer to section III.D.3. of the PUD Guide, section
4.5 of the Impact Report, and the Weed Management Plan itself for details.)
Conclusion to Article 7 Division 2 Standards
Thus, we believe that the Nutrient Farm PUD, with its various standards and requirements and
reports and analysis, is in conformance with Article 7, Division 2 – General Resource Protection
Standards relating to agricultural lands, wildlife habitat, protection of water bodies, drainage and
erosion, environmental quality, wildfire hazards, natural and geological hazards, and reclamation
of the LUDC.
Conclusion to Additional Requested Information per November 22, 2022 Letter
Thank you for this letter and the opportunity to provide additional information and clarification on
the Nutrient Farm PUD request. We believe we have addressed each comment adequately and with
practicality. We will be glad to discuss any of these items, and the overall Nutrient Farm PUD
request, at Staff’s convenience.