Who would think that it would take Chaffee County to classify weddings as “outdoor theater?” As far as is commonly understood, the United States Federal Government, state governments, religious organizations and indeed, the general public, view the act of getting married not as theater – but as a real and legal action. Certainly, the fact that it creates a taxable married status would seem to remove marriage ceremonies from the imaginary world of “theater.”
But that unusual stance is exactly what the county seems to have done by identifying weddings that take place on the bucolic surroundings of The Meadows Farm LLC (county land adjacent to the Town of Buena Vista) not as religious events – but as “outdoor theater.”
In a saga that began on Oct. 23, 2018, the county issued a cease and desist order to Jed Selby, owner of The Meadow based on Land Use Code Section 2.3.1A “that marketing and using the property as a wedding venue is similar to use as an outdoor theater.” It requires that he apply for a special event permit to rent his land to private entities and submit to a Major Impact Review.
Ark Valley Voice has learned via a Colorado Open Records Act (CORA) request, in December 2018, Selby initially responded to the county’s demand that it was his view, under Chaffee County LUC 2.2 permitted uses and LUC 4.2.6, that the county’s claims were not supported by the code: “a private event, conducted at a private residence, that is not for a commercial purpose or fundraising and that is reasonably considered to be a private event (such as graduation parties, holiday family gatherings, weddings, funerals and picnics) is not considered to be a special event.”
Selby is complying with the county’s request. But the fact that the county has raised this question about property owners who rent their land to others for private events that do not have a commercial purpose, raises a major issue. If the land is rented, but the property owners don’t rent the tables, the chairs, staff the event, provide the flowers, the food or the photographer – whether for weddings, family reunions, hunting retreats, private truck rallies or just as a hay field – why should property owners be required to go through the lengthy and costly process of obtaining a special event permit, when it’s not their event?
The county’s demand has come about, not because of comments related to the public Live Nation concert held on the same property (which is covered by a special-event-permit), but the demand has apparently occurred because neighbors John and Teresa Simmons, complained first to Commissioner Keith Baker and then to County Attorney Jennie Davis, that The Meadows owner, Jed Selby, must be violating some county rules. (If there are others who have complained about the use of The Meadows outside of the Live Nation Event, those complaints were not provided under AVV‘s CORA request.) There appears to be no indication that the county is taking a comprehensive view of special event permits for private events.
Baker’s Sept. 9, 2018 response to Simmons: “The frequency of events on The Meadows property that don’t qualify as ‘special events’ under the Chaffee County special events ordinance does raise the need to examine zoning and use categories for the property.”
In his Oct. 25 message to the county attorney, Simmons makes the suggestion about the residentially-zoned Meadows property that “if an application for a wedding venue is filed, wouldn’t that require re-zoning from ‘agricultural’ to ‘business?’” (For the record, the property is zoned residential. ‘Agricultural’ is a tax status, not a land use zone. Should the property ever be zoned business or commercial, it would be difficult to imagine it retaining any semblance to a meadow, or for that matter, residential use.)
The county’s order directs Selby not to rent his property for any further events until he undergoes a Major Impact Review to obtain a special event permit. That permit for private events would be on top of three permits for the already-scheduled, 2019 public events.
Communications with the county’s Heart of the Rockies Wedding Association last week reveals that the leaders have no idea which venues in the association have the kind of special events permits the county now appears to require. Nor do they know whether or not the county actually has a process ensuring the land use code it says it is enforcing is being applied equally, or consistently, or if enforcement occurs simply because someone complains.
The complaints against The Meadows and Selby include a spreadsheet of events and venues that Simmons implies violate county rules. They include at least four weddings. He makes the claim, without any substantiation, that Selby’s actions are causing other businesses in the county to lose money. The continuous contact between the Simmons and the county staff and elected official is familiar, insistent and includes some colorful language that can’t be repeated here.
The spreadsheet intrusively includes actual links to the wedding websites of couples who were married at the property, or who were planning to be married there; while placing private information intended for wedding guests into the public record, subject to a CORA. It also lists near-by short-term rentals that mention The Meadows; as if other businesses mentioning adjacency to a place or activity would be within the control of Selby or other members of the Heart of the Rockies Wedding Association, should neighbors began to complain about their rental venues.
If Chaffee County is indeed interested in “ensuring regulations are enforced equally with all citizens and all properties,” then it would seem that enforcement would reflect consistency and fairness. The question is – does it?
https://heartoftherockieswedding.com/our-vendors/venues/
https://www.colorfulcolorado.com/chaffee-county-2018-wedding-and-reception-venues/
Full Disclosure: I don’t live in, or near, BV and do not know any of the people or businesses mentioned in this analysis (and am not in any way associated with the wedding industry). However, if the landowner is *Renting* his property, then how is this not a business? The phrase “renting without a commercial purpose” seems like an oxymoron. If there is no “commercial purpose”, then just let people use your property for free and maybe put a cap on the size of the wedding. Then there would probably be no issue with the county or your neighbors. I must be missing something here….?
I think you’re missing the point here. The property owner is advertising this property as a wedding venue, therefore, the property is being used as “commercial” yet it’s zoned agricultural. In addition to his allowed “3 special events” per year, he has multiple weddings and parties throughout the year on, yet again, agriculturally zoned property. This property is being used for profit yet he isn’t paying appropriate property taxes on the property. That property is surrounded by other properties that are used specifically for living on and those people pay much higher property taxes than the owner of the Meadows. Perhaps you should use your journalist research skills and go to the Chaffee County Assessors website and check out what the surrounding property owners pay in taxes just to live in their homes and not profit off of their 1 acre or less parcels. Here is a breakdown of the amount of property taxes the owner of the Meadows pays. Following that I will post taxes paid by other residents directly surrounding the Meadows property and then you can tell me if you can see why people are upset with it.
Parcel #
326912400190 – 35.26 acres- $55.62 taxes
327107300172 – 35.2 acres- $55.62 taxes
327107300004 – 40 acres- $453.85 taxes
327107400189 – 72.04 – $1355.65 taxes
327107400103 – 27.58 – $166.87 taxes
327107400170 – 62.76 – $429.55 taxes
327107400089 – 2.05 – $1323.70 taxes (residential zoning)
$2517.16 on 272.84 acres of agricultural zoned property that is used for profit.
Surrounding properties:
Parcel #
327108300126- .39 acres – $1302.40 taxes
327108300125 – 1 acre- $2305.97 taxes
327107400181 – 2.29 acres- $2366.81 taxes
327108300129 – 1.86 acres- $1416.01 taxes
327108300247 – .44 acres – $1637.14 taxes
Explain to me how it is fair that someone is paying approximately $2500 in taxes on approximately 273 acres that is zoned for irrigation and agricultural use, but is being used commercially and this persons neighbors are paying almost as much if not more on property ranging from .39 acres up to 2.29 acres just to live on and not profit from?
Dear gbtch,
First, when we quote a person in a story, that does not mean that that person’s comment represents the opinion of AVV — we are simply stating what was said. Second, agriculture is not a land use zone, it is a tax status and applies when land is used for a certain number of days for agricultural purposes such as grazing, or for hay or other crop production. You did not identify which of the parcels above is your property, but any tax complaints should be taken up with the County Assessor Brenda Mosby. The represented range of parcel taxes certainly demonstrates that there is a wide range of property taxes being charged in that area, probably due to the homes and improvements done to those properties. The property owner appears not now to be advertising his property as a wedding venue, and it would not appear that any reference to it by third parties is the owner’s responsibility. What is in question in a county in which property owners rent their land for any number of activities/events including; hunting, trail rides, ATVing, fishing, camping, hay-making and other recreational activities, is whether the county can do a vague constitutional interpretation, and then not apply it equally and fairly across the board.