Roscoe IL
6-21-2021 7:47am

South Beloit makes final decision today on pre-annexation of wedding venue

Attorney James Hursh represents several neighbors opposed to the event venue.

UPDATE: At its June 231 meeting, the Beloit City Council agreed to annex Hidden Creek Estates, saying that municipalities should expand their borders whenever possible. 

Though the South Beloit Zoning Board of Appeals/Planning Commission recommended against approval on June 16, the South Beloit City Council must still vote this afternoon on whether to pre-annex the Hidden Creek Estates event venue in Roscoe Township.  Or tonight, depending on how long the meeting lasts.

The City has scheduled a public hearing on Monday, June 21, at 4:00 p.m. at Nature at the Confluence in South Beloit instead of City Hall. A previous hearing was moved from City Hall to the Fire Station for the same reason, because so many people are expected to attend.  Both supporters and opponents of the venue have urged participants (at least the ones on their side) to come at 3:30 p.m. A newsletter sent by Hidden Creek Estates says, "first 100 people admitted," but South Beloit City Attorney Aaron Szeto replied, “The 100 person limit is not true. It’s an open meeting and anyone who shows up is allowed to be at the meeting."

However, late arrivals may not get to sit down. Attorney Szeto told us, "My understanding is that we should have about 50 seats but then there would be standing room also. I’m also being told that the Confluence building has doors that can be opened if people have to stand outside. We’re looking into a PA system." Those who wish to speak at the meeting must sign in and be sworn in, but everyone is invited to listen and watch.

After withdrawing its application for annexation to the Village of Roscoe, the owners of Hidden Creek Estates applied for pre-annexation to the City of South Beloit. The Village of Roscoe had hosted many hours of public hearings about the controversial wedding venue, with neighbors in Roscoe Township overwhelmingly in opposition. No one spoke in favor of the venue at Wednesday's hearing at the South Beloit Fire Station, except for co-owner Kerry Frank and her attorney Chris Logli. However, Szeto read a surprise letter from investor and builder Chris Youssi of Youssi Custom Homes, who originally opposed the venue but now thinks it would increase property values in the area.

Attorney Szeto has explained that if the City approves the pre-annexation, the property at 13276 White School Road would be subject to the City's ordinances and the owners of Hidden Creek would be able to request special use permits from the city instead of the county. The property doesn't touch South Beloit's boundaries now, but if the boundaries reach it in the next twenty years, it would be annexed into South Beloit. In later discussion, a city 

At Wednesday's hearing, Kerry Frank gave almost the same presentation that she gave to the Village of Roscoe. She listed three ways the family wants to use the property. First, they want to hold weddings and events, one wedding a weekend, plus smaller events such as birthday celebrations. Second, led by their son Aaron, they want to open a wine bar. "We have no interest in growing grapes and making wine," laughed Kerry Frank. Instead, they "want to offer a high-end experience" of tasting and sharing the stories of wines from around the world. She said the wine bar would be open one or two days a week, perhaps from 4:00-9:00 p.m. Third, they want to continue to run an Airbnb in their cottage, which they have decorated with local antiques.  

Kerry Frank repeated that they have "never shot fireworks on the White School Road property and will not allow it." She believes that someone posted fake information on a Chicago events website without her permission, wanting to get neighbors upset. They aren't planning to hold 700 person events - they have agreed to a 250-person event limit. Nor are they planning to build a electric marquee sign at the entrance - they have designed a rustic wooden sign instead.

To protect the community, Kerry Frank claimed "we've put a very comprehensive plan together" and consulted "highly respected local experts on the best way to point speakers and reduce noise for our neighbors." The property includes over 18 acres of woods, mostly on the west, a half-acre pond "with a snapping turtle," and an agricultural field. The family has spent over 4,000 hours fixing up the property: "I'm mostly seen in overalls and boots," she said. She said the barn is 26 x 36, with a deck around it, too small to hold large indoor events.  

When a board member asked Kerry Frank if they had done any impact studies on noise ("I know you said that you had a plan to combat that"), Kerry Frank replied, "No, it's that heavily wooded lot, and so there is no requirement for us to do any kind of impact studies, so we have not proceeded with any of that."

To begin the public comment section, attorney James Hursh, who represents several neighbors opposed to the annexation, asked Kerry Frank next if she had done any traffic impact studies, and she said, "No." 

Attorney Szeto chimed in to summarize the draft annexation conditions, which Roscoe News has listed but which had not been finalized. When he read the condition that "all events have to end by midnight unless prior written approval is obtained from the City," the audience burst into a chorus of "No! No!"  Board chairman Greg Guth said, "Hang on, hang on, everyone!" Szeto then asked the audience to keep their comments until they have signed up to speak, adding, "We want to be polite and courteous and let everyone who's speaking speak, all right?"  He said the draft conditions are not normally handed out "because they're drafts," but they would be discussed at the City Council meeting Monday. 

Attorney James Hursh asked who would be responsible for "patrolling and the fire districts and all that" if the annexation is approved. Attorney Szeto replied, "That would typically be a joint effort," but he said South Beloit would probably respond to any calls along with Harlem-Roscoe Fire Department and the Winnebago County Sheriff, who currently handle any emergencies at the property. White School Road remains under County jurisdiction.  

Discussing capacity limits, Attorney Szeto said, "If she's going to go over 250, she's got to get our permission so we can review that specific event." He said the property isn't currently part of the City's comprehensive plan, but like any municipality, "We're always looking for opportunities to grow our borders." Attorney Hursh asked permission to admit the Village of Roscoe's comprehensive plan as evidence, since the Village does include the property as a possible target of future annexation. 

The Winnebago County Engineer Carlos Molina has said that Hidden Creek Estates needs an access permit before it opens for business. Attorney Szeto agree that "on its face," the County ordinance says that access permits are required if you're building or modifying a driveway. But the County has also been requiring access permits whenever there's a change of use.  Attorney Szeto said they have no position on that, since "we don't have jurisdiction."

Vince Bowers, who lives adjacent to the property, spoke on behalf of multiple neighbors, saying he never thought his "house would be next to a bar, which is really what we're going to have if this comes through." He objected to allowing a commercial "full-service bar... in the middle of a residences and farms. " Bowers said that other event venues are required to control noise by keeping their doors closed, and they are farther from nearby residences than the outdoor events at Hidden Creek Estates would be.  He repeated the venue has conducted no studies on possible impacts on groundwater or wildlife. He said allowing it to open would reduce school tax revenues if nobody builds on the twenty vacant lots near the venue, resulting in a loss of $9,000-10,000 in school tax revenue per lot, or a total loss of $200,000 each year.  He reported that 338 neighbors had signed an online petition against the venue.

Mike Sima quoted Roscoe News's report that Hidden Creek Estates said they are "looking forward to hosting weddings and events beginning in July" and said it would be impossible to keep noise under 60 decibels. Beth Stuckey was concerned about setting precedents that would lower property values near what she called "a party venue and a bar -not a nature reserve, not a grassland, not a nature trail to walk on. This is a party venue and a bar." Other neighbors said their children wouldn't be able to ride their bikes safely along White School Road.

Jason Rotello read an email he had received that day from Village of Roscoe Administrator Scott Sanders. Sanders said the Village have a pre-annexation agreement with The Reserve subdivision north on White School Road. "The Village played a significant role in funding the extension of sewer to this subdivision," wrote Sanders, and said that coincidentally, that sewer extends to Hidden Creek Estates. "We do have serious concerns that an annexation agreement  between South Beloit and Seed Real Estate would effectively curtail our northern expansion along White School Road."  

Attorney Szeto replied that the City of South Beloit had not been aware of that. "But without a border agreement between cities, there aren't parameters for that. Whoever gets there first gets there first...  You look to expand your borders." 

One neighbor said that she had called the police with a noise complaint during a previous event. But attorney Chris Logli said his client Kerry Frank would be willing to testify under oath that "the police have never visited this property, have never come to this property" to ask about noise. His comment didn't go off well with the neighbors, who had been saying that one of their concerns had been precisely that: the police wouldn't enforce noise complaints. 

Attorney Chris Logli also argued that, though the objectors had been asking about impact studies, "none of the objectors, none of these interested parties  have put forth any evidence... They haven't given you a nature study, they haven't given you an impact study."

Cries of objection, including "That's not our job," rose from the audience, which Board Chairman Greg Guth firmly silenced, finally saying, "We have a sergeant at arms and he's ready, willing, and able to take anybody out that's disruptive. Okay? Is that all right? You understand why."  

Attorney Chris Logli continued, "So they have certainly given testimony and articulated their concerns at the public hearing, which we understand. But they also raised issues and haven't given you any evidence to consider. What the applicants have done is follow the procedures outlined by the City of South Beloit. They're provided the information that's been required, they've answered every question that has been asked of them."

Members of the City of South Beloit Zoning Board of Appeals/Planning Commission asked if there was any precedent for such an annexation. City staff said there was. One Board member asked what it meant for a city to "protect their boundaries," an expression that Attorney Szeto has used several times. Attorney Szeto said that generally a city does not "want to get boxed in and have other communities gobble up all the unincorporated land." He agreed that the boundaries "wouldn't shrink but [without annexation] you're never going to grow... " He advised the Board to consider the question from a "planning perspective, looking at South Beloit's future, its borders, its growth... from the City of South Beloit's perspective, what is right for South Beloit... I'm not saying you have to discount other testimony [from the Village of Roscoe]" but the Board should consider whether this annexation" makes good sense of the City of South Beloit."

Wednesday's meeting ended with the City of South Beloit planning commission voting against the pre-annexation of the Hidden Creek Estates event venue, with one abstaining. But at today's public hearing at Nature at the Confluence, the South Beloit City Council will make the final decision.

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