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TO: Mayor John Laesch
FROM: Jill N. Morgan, Senior Planner
DATE: August 19, 2026
SUBJECT:
An Ordinance Annexing Property being Vacant Land located at 5 S. 171 Eola Road to the City of Aurora, Illinois 60563 (NRG Energy - 26-0483 / NA08/1-26.217 - A - JM - Ward 10)
PURPOSE:
The Petitioner, NRG Energy, is requesting the Annexation of 38.45 acres located at 5 S. 171 Eola Road being east of Eola Road and south of the Commonwealth Eddison right-of-way.
BACKGROUND:
DuPage County currently shows the Subject Property within the boundaries of the City of Aurora. This request is to rectify a previous discrepancy in legal description versus Plat of Annexation. In 2008, there was an Annexation Agreement and Annexation petition to annex this property along with the 84 acres to the south of this property. The intent was to develop a portion of the combined properties to the north abutting the Commonwealth Eddison right-of-way as a high school and an approximate 35 acres was identified as a future church site. During the entitlement process, the owners of the 38.45 acres along the Commonwealth Eddison right-of-way decided they wished to withdraw their support of the annexation. Ordinance O08-026 approved the Annexation Agreement and Ordinance O08-027 approved the Annexation. Following the withdraw of support by the owners, the Plat of Annexation was updated to only show the 84 acres; however, the legal description attached to the Ordinance was not updated. When the Annexation Ordinance was recorded at the Couty, the County went by Exhibit “A” Legal Description. So, the County has shown the property annexed to the City since 2008 with the property paying taxes to the City, but the City’s map did not show it as annexed.
This petition would rectify that discrepancy and reflect with complete accuracy that the property is within the limits of Aurora. The owners just want to ensure the property is properly reflected as being within the City and do not currently have any plans to develop the parcel. The property would be zoned R-1 One-Family Dwelling District per the original Annexation Ordinance and Chapter 49 of the Code of Ordinance.
DISCUSSION:
Staff has reviewed the Annexation Ordinance petition and have sent comments back to the petitioner on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances.
POLICIES AND GUIDELINES:
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1(2) To develop annexation guidelines providing for logical municipal growth.
11.1 (3) To encourage new development contiguous to existing development.
11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
RECOMMENDATIONS:
Staff recommends APPROVAL of the An Ordinance Annexing Property being Vacant Land located at 5 S. 171 Eola Road to the City of Aurora, Illinois 60563.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Legal Description
Exhibit “B” District Mailing Affidavit
Exhibit “C” Plat of Annexation
Land Use Petition with Supporting Documents
Maps
Legistar History Report
Legistar Number: 26-0483
cc:
Alderman Michael B. Saville, Chairperson
Alderman Patty Smith, Vice Chairperson
Alderman Javier Bañuelos
Alderwoman Juany Garza
Alderman Will White
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Annexing Property being Vacant Land located at 5 S. 171 Eola Road to the City of Aurora, Illinois 60563
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Midwest Generation LLC, is the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A”; and
WHEREAS, by petition dated Tuesday, July 14, 2026, the above-named owner petitioned the City of Aurora to annex the real property legally described on said Exhibit “A” to the City of Aurora, in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8); and
WHEARAS, due to a discrepancy in legal description versus Plat of Annexation of Ordinance O08-027 recorded R2008-135995, DuPage County has shown this property as annexed into the City since 2008; and
WHEARAS, the above-named party, as owner of record of the real estate legally described on said Exhibit “A”, has requested the City of Aurora to approve an Ordinance annexing the property into the City to rectify the above stated discrepancy and to clearly acknowledge the property is annexed into the City; and
WHEREAS, the above-named party, as owner of record of the real estate legally described on said Exhibit “A”, requested that the property be zoned pursuant to the provisions of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto; and
WHEREAS, the corporate authorities of the City of Aurora have determined that the property is contiguous to the City of Aurora and is not within the corporate limits of any other municipality and that the petition in all other respects conforms to the requirements of law; and
WHEREAS, due statutory notice has been given to those entities listed in the affidavit and Annexation Notification List attached hereto as Exhibit “B”, including the County Clerk (as election authority), the supervisor, clerk and all respective members of township board and the highway commissioner in any affected township, and the trustees of any fire protection district in which the Subject Property is located
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the real estate described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, be, and the same is hereby annexed to the City of Aurora, Illinois.
Section Six: That the property to the far side of any adjacent public right-of-way within said annexed area, and the same is, hereby also annexed to the City of Aurora, Illinois.
Section Seven: That the corporate limits of the City of Aurora, and the same are, hereby extended to include the territory hereby annexed to the City of Aurora, Illinois.
Section Eight: That the real estate legally described on said Exhibit “A” is hereby placed in the R-1 One-Family Dwelling District zoning classification of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, pursuant to Section 103.2(h) of said Ordinance.
Section Nine: That the City Clerk of the City of Aurora is hereby authorized and directed to file with the applicable County Recorder of Deeds a certified copy of the Ordinance, together with an accurate plat of the territory annexed, which plat shall be certified as to its correctness and attached hereto as Exhibit “C”.