Wauconda starts annexation process to block solar energy facility in residential area

Wauconda has taken the first step to block a solar facility from being located on agricultural property near a residential area on the north side of town.

The village board Tuesday approved an ordinance starting the process to annex 62 acres immediately east of the Liberty Lakes subdivision south of Gilmer Road.

“We’re not saying no to solar, we just feel they should be sited appropriately,” said Allison Matson, village administrator.

Wauconda’s comprehensive land use plan calls for the currently unincorporated property to be low-density residential in the future.

The village’s zoning code does not permit solar utility systems in residential districts. However, they are allowed in limited industrial zoning districts with a conditional use.

Annexing the property was discussed at a non-voting meeting March 31 after the village learned OneEnergy Renewables was considering building a 5-megawatt solar utility system on the site, according to village documents.

“The village’s intervention in this case is to reduce the possibility that it will develop in a manner inconsistent with our comprehensive plan, should the use ever change from its current agricultural use,” Matson said.

Lake County has jurisdiction in unincorporated areas but its zoning power related to solar utility systems on agricultural property is limited, according to the village. OneEnergy had not filed an application with the county as of Wednesday.

“What we’re hoping for is, by annexing, it doesn't develop into a solar energy system,” Matson said.

According to the ordinance approved Tuesday, the village has authority under state law to involuntarily annex unincorporated property larger than 10 acres if it is subdivided into lots or blocks or is bounded on at least three sides by property subdivided into lots or blocks.

Both conditions apply to this property, according to the village.

Annexation requires a series of steps. Next, the village clerk must submit a certified copy of the approved ordinance to the Lake County circuit court, which is required to hold a hearing within 30 days.

A judge would determine if the ordinance was validly adopted and complies with legal requirements. If the court approves, the annexation question will be sent back to the village board for final approval.

A 30-day waiting period follows during which residents can submit a petition to put the decision to referendum at the next municipal election. If not, the annexation is finalized and the property incorporated.

Barring a referendum, the process is expected to take 60 to 90 days.