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TO: Mayor John Laesch
FROM: Planning and Zoning Commission
DATE: October 10, 2025
SUBJECT:
An Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for ORI(C) Office, Research, and Light Industrial District with a Conditional Use zoning for the territory which may be Annexed to the City of Aurora located south of Sunrise Road and east of Frieder Lane on Vacant Land in DuPage County, Aurora Illinois 60563 (Sheila M. Brown Declaration of Trust Date September 6, 2017 - 25-0776 / NA04/3-25.244 - AA/A/RZ/CUPD - JM - Ward 10
PURPOSE:
The Petitioner, Sheila M. Brown Declaration of Trust Date September 6, 2017, is requesting approval of an Annexation Agreement for 6.3 acres located south of Sunrise Road and east of Frieder Lane for the Sheila Brown Trust Development which includes provisions that the property will be annexed and zoned ORI(C) Office, Research, and Light Industrial District with a Conditional Use for a potential future development, the details of which are currently unknown.
BACKGROUND:
The Subject Property is currently located in unincorporated DuPage County.
The Petitioner is requesting approval of an Annexation Agreement for 6.3 acres for the Sheila Brown Trust Development. The details of the request include an Agreement that outlines that upon annexation, the property will have underlying ORI Office, Research, and Light Industrial District zoning and outlines that the developer will extend the existing curb, gutter, and pavement on the north and south sides of Sunrise Road to the easterly property line.
Concurrently with this proposal, the Petitioner is requesting the Annexation of the property, which will meet up with the Annexation Agreement at Building, Zoning, and Economic Development committee.
The Petitioner is also requesting the establishment of a Conditional Use Planned Development, pursuant to an Annexation Agreement, with an underlying ORI, Office, Research, and Light Industrial District zoning. The Plan Description provides for standard ORI bulk restrictions with no modifications. It additionally requires elevations to be approved with a Final Plan and be evaluated based on the quality and variety of building materials. It also allows for only one full access for the easternmost entrance and a restricted right in and left out access on the westernmost entrance for semi-trucks. Signs indicating such should be posted.
No development is being proposed at this time. The owner provided a concept plan to demonstrate a general idea of how the site could be developed. This plan adheres to the standard ORI requirements, including setbacks, parking, etc. Once a specific development is proposed, the developer will have to submit for approval. Any variations to the ORI requirements would require a revision of the Plan Description, which would necessitate a Public Hearing and final approval by City Council. The ultimate goal is to eventually incorporate the properties to the east to allow for the entire area to be developed as one site.
DISCUSSION:
Staff has reviewed the Annexation Agreement 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.
This area has been planned for Office, Research and Light Industrial since the 1970s. The properties to the west are light industrial developments. The surrounding property to the south is zoned in Naperville I-Industrial use, with agricultural use, and the Naperville’s Comprehensive Plan designates the property as Employment Center. The surrounding property to the east is zoned in DuPage County, R-2 Single- Family, Residential, with a vacant use, and the Naperville’s Comprehensive Plan designates the property as Employment Center. The semi-truck access is placed closest to Frieder Lane with a restricted access to make semi-trucks take Frieder Lane.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has not received public inquiries regarding this petition
POLICIES AND GUIDELINES :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promote complementary interactions between different land use components.
40.1 (1) To attract and encourage industrial, office and office-research development to planned sites where requisite public facilities are either present or proposed.
40.1 (5) To plan and promote the extension of the office and office-research corridor along the tollway in the City of Aurora.
RECOMMENDATIONS:
Planning and Zoning Commission recommended APPROVAL of the Ordinance Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for ORI(C) Office, Research, and Light Industrial District with a Conditional Use zoning for the territory which may be Annexed to the City of Aurora located south of Sunrise Road and east of Frieder Lane on Vacant Land in DuPage County, Aurora Illinois 60563.
ATTACHMENTS:
EXHIBITS:
Exhibit “A” Annexation Agreement
Land Use Petition with Supporting Documents
Location Map
Legistar Number: 25-0776
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 Providing for the Execution of an Annexation Agreement with the Owners of Record Providing for ORI(C) Office, Research, and Light Industrial District with a Conditional Use zoning for the territory which may be Annexed to the City of Aurora located south of Sunrise Road and east of Frieder Lane on Vacant Land in DuPage County, 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, a proposed Annexation Agreement in the form of Exhibit “A”, attached hereto and included herein by reference as if fully set forth, has been duly submitted to the Corporate Authorities of the City of Aurora with the request that all required hearings be held thereon, and requisition annexation to the City of Aurora of a certain territory therein described, subject to the terms and conditions of said Annexation Agreement, pursuant to Section 11-15.1-1 et seq. of the Illinois Municipal Code (65 ILCS 5/11-15.1-1); and
WHEREAS, the Corporate Authorities of the City of Aurora caused a notice to be prepared describing in general the terms and conditions of the proposed Annexation Agreement and stating the time and place of a public hearing to consider the proposed Annexation Agreement; and
WHEREAS, such notice of the public hearing was duly published not less than 15 nor more than 30 days prior to said public hearing, in a newspaper of general circulation in the City of Aurora; and
WHEREAS, on Wednesday, October 8, 2025, the Planning and Zoning Commission, held a public hearing on the petition to enter into said Annexation Agreement and zoning amendment therein provided after due publication of notice of public hearing and has submitted a recommendation of APPROVAL for the Annexation Agreement and zoning amendment on said property to the City Council of the City of Aurora; and
WHEREAS, on October 15, 2025, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said Annexation Agreement and zoning amendment, reviewed the before mentioned recommendations and recommended APPROVAL of said Annexation Agreement and zoning amendment; and
WHEREAS, all public hearings and other action required to be held or taken prior to the adoption and execution of said Annexation Agreement in order to make the same effective have been held or taken pursuant to notice as required by law and in accordance with all requirements of law; and
WHEREAS, on November 11, 2025, the City Council also held a public hearing upon the proposed Annexation Agreement as specified in such notice; and
WHEREAS, Exhibit “A”, attached hereto and included herein by reference as if fully set forth, in its present form, has been on file with the City Clerk of the City of Aurora for public inspection for at least one week; and
WHEREAS, the Corporate Authorities, after due investigation and consideration, and following the aforesaid public hearings, have determined that entering into the Annexation Agreement in the form of Exhibit “A” attached hereto and included herein by reference as if fully set forth, will serve the public good and benefit the City of Aurora; and
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 Mayor and City Council hereby find as fact all of the preambles contained in the Annexation Agreement in the form of Exhibit “A”, attached hereto and included herein by reference as if fully set forth.
Section Six: That the Annexation Agreement in the form of Exhibit “A”, attached hereto and included herein by reference as if fully set forth, and incorporated in and made a part of this Ordinance, is hereby approved and the Mayor of the City of Aurora is hereby authorized and directed to execute such Annexation Agreement on behalf of the City, and the City Clerk is hereby authorized and directed to attest the Mayor’s signature and affix the corporate seal of the City hereto.
Section Seven: That such number of duplicate originals of said Annexation Agreement may be executed, as the Mayor shall determine.