Planning commission narrowly recommends approval for ‘The Patch’ entertainment venue with traffic, fencing and event limits

The Elbert County Planning Commission voted 5–3 on June 17 to recommend approval of a Special Use Review for “The Patch,” an agritourism and events operation at 7360/7400 State Highway 86, subject to conditions that include a traffic study and limits on approved activities.

Planning staff described the application (SUR‑2024‑7360) as an SUR for an approximately 110‑acre agricultural parcel where the owners—Dusty and Kathy Smith—operate a seasonal agritourism business that has offered pumpkin‑patch activities since 2017. The applicants requested approval for a broader set of events moving forward, including Easter activities, summer‑night movie and music events, weddings, farmers markets, a fall festival/pumpkin patch, and a Christmas drive‑through light display. Staff noted the site already contains several permitted structures and that additional structures shown on the SUR exhibit may require building permits.

The applicants told the commission The Patch has operated under temporary use permits in prior years and said they have worked with county agencies on safety, access and sanitation measures. Owner Dusty Smith said the operation hires part‑time workers, uses porta‑potties and contracted water for handwashing, and that they have measured on‑site sound levels and adopted steps to reduce noise and mitigate guest movement.

Multiple neighbors spoke in opposition during public comment. Sandra Clayton, who lives adjacent to the site, said event traffic has caused vehicles to enter her driveway, that guests attempt to pet livestock and that lights and late‑night events disturb the rural character. Other commissioners also raised concerns about the range of activities listed on the exhibit, the level of detail in drainage and erosion mitigation, the adequacy of on‑site sanitation and water supply for larger events, and the safety of turning movements onto Highway 86.

Staff said Colorado Department of Transportation did not require a traffic impact study at present because the applicants hold an existing access permit, but that CDOT and the county asked for a traffic impact study to be submitted within three years of approval to determine whether road improvements would be necessary. Planning staff recommended conditions including: obtaining all applicable building permits; re‑permitting existing structures as necessary; submitting a traffic impact study to Elbert County Public Works/CDOT within three years; revising the SUR exhibit to meet county standards; removing public notice signs within two weeks of decisions; and recording required documents within 180 days of BOCC approval.

Commissioners debated whether the SUR application should be narrowed to a short list of concrete activities and whether a traffic study should be provided before a recommendation. Several commissioners noted CDOT and the Office of Emergency Management had updated referral comments during the review process and that staff had worked with the applicants over multiple review cycles.

Commissioner Kyle DiNardo moved that the commission recommend approval to the Board of County Commissioners subject to staff conditions and additional items: limit the SUR to four specific events (Easter, summer nights, the pumpkin patch/fall festival and a Christmas lights drive‑through); require a full traffic study to be submitted to the county; and require a field fence to protect neighboring livestock and mitigate trespass. The motion passed 5–3 on a roll‑call vote.

Staff noted the SUR exhibit and other application materials will need a few revisions before the BOCC packet is finalized. The commission’s conditional recommendation goes to the Board of County Commissioners for final action; commissioners and staff flagged the traffic study requirement and exhibit corrections as materials to watch as the case proceeds.