Elbert County approves The Patch special-use permit to host year-round events with conditions

Elbert County commissioners voted to approve a special-use-by-review (SUR2024-7360) for The Patch, a long-running family amusement operation on the south side of Highway 86, allowing the site to host a mix of seasonal events year-round. The board approved the permit with specified conditions after staff presentation, applicant testimony and public comment.

The Patch owners Dustin Smith and his wife, Kathy, told the board their operation — best known for a fall pumpkin patch and corn maze — has expanded since 2017 and now employs roughly 75 part‑time and three to four full‑time staff. The applicants asked for an SUR because temporary-use permits previously restricted the pumpkin patch to 60 days a year; an SUR would allow additional activities such as Easter events, summer nights, movie nights, a Christmas light drive‑through and private events including weddings.

Staff planner Jennifer (last name not specified) summarized the request and site: about 110 acres zoned agricultural west of County Road 33, with most visitor activities proposed in the northern third of the property closest to Highway 86. Staff said the application met Elbert County notice requirements, went through two review cycles and that referral agencies (including the Office of Emergency Management, Colorado Department of Transportation and the sheriff’s office) have been involved in mitigation discussions. Planning Commission recommended approval with conditions on a 5–3 vote; that body had asked, among other items, that the board limit events to four seasonal events and require a traffic study and field fencing.

Applicants and staff told commissioners that many technical issues were addressed during review. CDOT requested a traffic study be submitted by the applicants within three years after operations produce data so the highway agency can evaluate whether road improvements are needed. County staff’s recommended conditions — read into the record during the hearing — included: obtaining all required building and other permits; re‑permitting any structures that must be converted from residential to commercial use; submitting a traffic study within three years to CDOT and the county; revising the SUR exhibit to meet county recording standards; removal of public notice signs after hearings; recording the exhibit within 180 days; and payment of applicable fees.

Owners described on‑site operations and mitigation measures: an internal sound system with zoned speakers, employee‑managed parking and towable warning signs to indicate event turns on Highway 86. Public commenters — including several current and former employees — spoke in support, emphasizing job and youth‑training opportunities and describing positive community response to the events.

Commissioners asked about outstanding building permits, hours of operation and potential noise and lighting impacts. Applicant testimony said music and evening events had operated during the previous summer without noise complaints, and that lighting is oriented away from neighboring properties with natural screening along Highway 86. Staff noted that building‑permit status would be verified with the county building department and that the standard condition requiring all necessary permits remain in place.

The board moved to approve SUR2024‑7360 with the conditions listed by staff. The motion passed with the affirmative voice vote recorded as “Aye” by the commissioners present.

The approval allows The Patch to continue and broaden its calendar of events subject to the conditions recorded in the county file; required permits must be obtained and the SUR exhibit recorded within the county’s timeframe. CDOT’s requested three‑year traffic study remains a condition for later evaluation of whether highway improvements are necessary.