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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: July 3, 2024
SUBJECT:
An Ordinance Annexing property generally bounded by the Kane County Forest Preserve to the east, ComEd utility right-of-way to the west, Progressive Baptist Church to the north, and the BNSF Railway to the south, in Sugar Grove Township, Kane County, Illinois to the City of Aurora pursuant to 65 ILCS 5/7-1-13
PURPOSE:
Forcible annexation of properties contiguous to the City of Aurora.
BACKGROUND:
In the spring of 2024, the Kane County notified the City that it had received a special use application for a proposed solar farm for the property located west of Barnes Rd and designated estate residential type development as indicated in the Countryside Vision Plan upon its eventual annexation into the City. Because the City had contemplated this property being used for residential purposes, rather than a solar energy facility and given its proximity to the City's limits, the City Council voted 11-1 to notify the County of its objection to the proposal.
The County's Zoning Board of Appeals and County Board's County Development Committees, constrained by the provisions of the Counties Code, nevertheless recommended to the County Board that it approve the proposed special use. It is important to note that the Counties Code, which is analogous to the Illinois Municipal Code severely limits a County Board's discretion to deny petitions for solar energy facilities. As Kane County does not possess home rule authority, it cannot act beyond those limitations. The County Board is scheduled to act on the special use application at its meeting of July 9, 2024.
DISCUSSION:
Just prior to the County Development Committee's vote to recommend approval of the special use, staff considered whether it would be possible to annex the property prior the installation of the solar farm. Under Section 7-1-13 of the Illinois Municipal Code, annexation of 60 acers is possible when...
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