TO: Mayor and City Council
FROM: Law Department
Planning and Zoning Division
DATE: June 28, 2024
SUBJECT:title
Discussion of the annexation of certain real property located in Sugar Grove Township generally bounded by the Kane County Forest Preserve to the east, the Commonwealth Edison property to the west, Progressive Baptist Church to the north, and including the property of the BNSF Railway to the south.
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PURPOSE:
To discuss the possible annexation of real property within the City's planning jurisdiction to ensure that future development conforms to the uses approved by the City.
BACKGROUND:
In the spring of 2024, the County of Kane 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 th...
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