Fremont County approves permanent agritainment permit for Diana’s Pumpkin Patch with waivers and conditions

The Fremont County Board of County Commissioners on Feb. 19 approved SRU25-002, granting a permanent agritainment special review use to Diana’s Pumpkin Patch at 1649 and 1629 Poplar Avenue in Cañon City.

The permit allows the farm to operate seasonally from Sept. 20 through Oct. 31 each year for attractions including a corn maze, pumpkin picking, tractor hay rides, educational farm programs and social events. Commissioners voted unanimously to approve the permit with a mix of waivers, contingencies and conditions designed to address neighbor concerns about parking, debris and accessible parking.

Planning and zoning director Dan Victoria told the board the application was heard by the planning commission and that staff recommended approval with specific waivers for a hard-surfaced dumpster pad and surfacing rules for standard parking in agricultural areas. Victoria said the proposal includes anticipated attendance of 65–75 guests on weekdays, 250–275 for school events and 800–1,000 guests per day on weekend peak days; proposed on-site parking includes 66 gravel spaces, 103 grass spaces and six ADA parking spaces. He said the county’s annual calculated road-impact fee is $578, averaged over a 10-year period, and that the applicant will be responsible for trash and debris removal from county rights-of-way as a result of SRU activities.

Applicant Susan ("Sue") Madone told the board the site hosts school visits and other educational programming: “I have over 2,000 kids who come during the weeks,” she said, describing demonstrations and educational activities the operation provides to Southern Colorado students. Madone said she is willing to install firm, stable, slip-resistant surfaces that meet ADA requirements but asked the county to allow compacted crusher fines or road base rather than concrete or asphalt for most parking to avoid a disproportionate cost for a seasonal business.

Neighbors and other residents urged the commissioners to require stronger measures for traffic, fencing and cleanup. “What can we do about the traffic and the parking?” asked neighbor Charles Punker Sr., who described vehicles blocking driveways, kids running near roadways and cars parked on multiple nearby streets. Several commenters said corn leaves and debris have blown into yards after harvest; commissioners pressed the applicant to help clean adjoining properties and use temporary fencing to reduce debris migration.

The board’s approval includes nine conditions and several contingencies. Among the key elements: the county accepted waivers for the dumpster pad hard surfacing and for surfacing of standard parking in agricultural areas; the board required hard surfacing for the six ADA parking spaces compliant with ADA regulations prior to the 2026 season; the applicant must correct existing code-compliance issues and relocate two carports, two shipping containers and other storage to meet setbacks; minor site-plan redlines must be addressed; portable chemical-toilet permits must be applied for and renewed as required; the applicant must pay the annual road-impact fee and maintain county right-of-way maintenance obligations as determined by FCDOT.

Discussion included a technical exchange about accessibility standards. An ADA adviser summarized the regulatory structure for the record, noting that the standards published in 28 C.F.R. Part 36 and the 2004 ADA Accessibility Guidelines require surfaces to be “stable, firm and slip resistant,” language the applicant cited. Commissioners clarified that local zoning code currently specifies concrete or asphalt for certain surfaces and that the board’s motion rephrased that local requirement to allow compliant alternative materials for ADA spaces while preserving the county’s accessibility floor.

Commissioner Grantham moved approval of SRU25-002 with the waivers, contingencies and conditions the board discussed; the motion excluded the applicant’s requested 24-month timeline to remedy code violations but exempted certain existing masonry and wood items for which a short corrective plan was permitted. The measure passed by roll call, with Commissioners Grantham, McFaul and Bell voting aye.

The permit runs with the land and the board’s conditions require work on site-plan details and site cleanup before the 2026 season, plus annual obligations for sanitation permits and road-impact fees. The applicant may pursue minor administrative modifications to the site plan later if she identifies a replacement building that complies with setbacks.

The board’s action closes the SRU application process for Diana’s Pumpkin Patch and establishes the compliance and mitigation measures the county staff will verify before or during the next active season.