Elbert County planning commission votes 7-2 to recommend denial of Sundance Solar 1041 permit and special-use review

The Elbert County Planning Commission on April 22, 2025 voted 7-2 to recommend that the Board of County Commissioners deny both the Sundance Solar Major 1041 permit (1041-2024-1310) and the Sundance Solar Special Use by Review (SUR20240028).

The commission’s vote followed a multi-hour continuation of a hearing on a proposed utility-scale solar project by Sundance Solar LLC, a wholly owned subsidiary of Cypress Creek Renewables. Commissioners and county staff reviewed written stipulations the planning commission asked the applicant to address, and heard presentations from company representatives and local emergency responders. Major topics during deliberations included financial assurances and decommissioning, visual screening and berming, fencing and Colorado Parks and Wildlife (CPW) recommendations for wildlife fencing, mapping and avoidance of archaeological and paleontological sites, firefighting response and monitoring technology, road-use agreements and community benefit proposals.

Commissioners and staff had circulated a written memo before the hearing listing items the applicant was asked to provide or clarify, including financial statements demonstrating the project sponsor’s capability, photo simulations and potential video simulations of screening, a shape file showing cultural-resource boundaries and buffers, a proposed amount and update schedule for a decommissioning financial guarantee, and suggested conditions such as a community benefits agreement, prohibition on on-site well drilling without county approval, and requirements related to wildlife cameras and fire mitigation.

Company representatives said they had provided audited financial statements for the sponsor and an entity organizational chart and described the project financing structure. Peter Moritzburg, vice president of development for Cypress Creek Renewables’ Western Region, said audited statements were available for 2022 and 2023 but “2024 is not available at this time,” and explained at a high level that projects typically are financed by a mix of sponsor equity, tax equity and debt. He said the developer would post the decommissioning bond the county requires at construction and that the commitments made at financial close are durable for the life of a project.

Zach (company representative) said the sponsor has spent roughly "$3,500,000 to date" on the project and that Sundance Solar would conform to county requirements for a decommissioning bond to be updated every five…