Hidden Creek/ Promontory neighbors deal with South Beloit defeat

The owners of Hidden Creek Estates met disappointment from the Village of Roscoe last month and disapproval from the South Beloit's Zoning Board of Appeals/Planning Commission last week. But neighbors opposing Hidden Creek Estates may have been handed a final defeat on Monday, June 21 at the Nature at the Confluence center, when the South Beloit City Council went against the advice of their Zoning Board and agreed to pre-annex  the open-air meeting venue at 13276 White School Road. City staff had recommended it and the City Council decided it was best for the City of South Beloit. One South Beloit Commissioner said, "If it was Roscoe doing it, they'd do it," though technically, the Village of Roscoe decided not to do anything until Hidden Creek Estates had applied to Winnebago County for an access permit.

In the end, the Hidden Creek Estates withdrew its request for annexation to Roscoe, saying they couldn't come to an agreement. For example, while the Village wanted to limit event sizes to 225 guests, the City settled for a limit of 250. A report from WREX said that the Village and the venue agreed in principle to end events by 11:00 p.m. The City's conditions of annexation say that events need to end by 12:00 a.m. At the City Council hearing, when a South Beloit commissioner said Roscoe and the event venue really should have come to an agreement, co-owner Kerry Frank nodded vigorously.

Attorney James Hursh, who has been representing several neighbors opposed to the venue, said after the City Council meeting, "They get to do what they want to do and we'll see what happens next," but said he had no further comments. Neither do his clients. Previously Attorney Hursh told us it was too early to talk about a lawsuit, but many expect him to file one now.

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On Monday, Vince Bowers, who is one of Attorney Hursh's clients, spoke for other opposing neighbors at the City Council hearing when he said, "The main problem is spot zoning because it doesn't fit into the South Beloit comprehensive plan or the code of ordinances.  Hidden Creek Estates is a commercial venue attempting to annex into a residential area. Another point that we have is noise. This is a common problem for this type of venue. All the other venues of this type, that have reception areas - they're all inside... with the doors closed." He also said that the single-lane driveway was insufficient for an event venue. Bowers lives directly adjacent to the proposed venue.

Bowers acknowledged the disagreement on when Winnebago County has a right to require an access permit: either when a driveway is modified or when its use is modified. But either way, he said holding large events on the property would cause congestion on White School Road, "and however you think the law is written, I don't think you can compromise the safety of the community." As far as he's concerned, though Hidden Creek Estates calls it a wine bar, "it's just a bar. And we're putting a bar in the middle of a residential neighborhood... Let's just call it what it is." He said both sides did agree on one thing - "this is a safe and peaceful area" - but operating this business would put their peace and safety in jeopardy.

South Beloit City Attorney Aaron Szeto told the City Council that the conditions of annexation were items that the City staff felt would "alleviate any impact" on nearby residents. But Bowers says nobody from South Beloit asked neighbors about the restrictions before the City drafted them. Attorney Szeto told us, "The terms and conditions are final; however, as with most agreements, it can be amended if both parties agree to an amendment." So if neighbors wanted all events to end by 11 instead of 12, they "could ask the City to change the time, but ultimately it would have to be agreed to by both parties in order to amend the agreement." South Beloit anticipates no further public hearings or city council meetings on the pre-annexation. But if the property ever becomes contiguous to South Beloit in the next 20 years, the City Council would have to consider another ordinance to physically annex the property.

Before the City Council meeting, the Village of Roscoe sent a letter to South Beloit, asking them not to annex the property, saying it's not contiguous with the City, while it is contiguous with the Village. The irregular municipal borders, with South Beloit having pre-annexed Hidden Creek Estates south of Rockton Road and the Village of Roscoe having pre-annexed The Reserve north of Rockton Road, will provide challenges for physical annexation in the future. Scott Sanders, Village Administrator in Roscoe, says that the Village and the City will "definitely" discuss establishing an agreement to cover future annexations.

Sanders explains that after pre-annexation, an area is covered by a municipality's ordinances without being subject to a municipality's taxes. A neighbor with a noise complaint against Hidden Creek Estates would continue to call the Winnebago County Sheriff, who would enforce South Beloit's noise ordinance. If the problem was with a different neighbor shooting off loud fireworks after midnight, the Winnebago County Sheriff's Office would enforce the County's noise ordinance.

South Beloit Fire Chief Dan Zerfass says that in case of fire, Hidden Creek Estates would call 911, which would summon the Harlem Roscoe Fire Protection District. But the South Beloit Fire Department would respond too. One change: South Beloit is now responsible for fire inspections at the venue.

In a statement this week, Hidden Creek Estates' public relations firm said, "The Frank family has now enthusiastically turned their time and attention to finalizing the process for opening. They’re working to meet all the obligations from the City of South Beloit and completing final inspections." Hidden Creek Estate sent an email Tuesday, announcing to their supporters, "We are thrilled to announce that the South Beloit City Council approved our request to be pre-annexed into South Beloit!" and noting, "Replies may be delayed due to a busy week of finalizing details with the city and inspections."

Even though pre-annexation means that Hidden Creek Estates will now be subject to South Beloit's ordinances, they still need to deal with Winnebago County to get all the necessary permits. Attorney Szeto explains, "The County issues the certificate of occupancy.  The City does not have its own building department but through an agreement between the City and County, the County serves as our building department and handles permitting and inspections for the City." The County granted building permits to Hidden Creek Estates over the past year, but the certificate of occupancy was contingent on annexation.

Earlier this month, Carlos Molina, County Engineer for Winnebago County, said the venue needs an access permit from Winnebago County, regardless of who annexes it. Attorney Szeto said that County ordinances technically require an access permit only when a driveway is physically modified. But the County agrees that, in practice, they have been requiring one whenever a driveway changes use, such as when a business opens. Attorney Szeto told us the City of South Beloit will abide by the County's requirements, saying, "If that's their rule, that's their rule." White School Road is a County road.

Before the Nature at the Confluence hearing began, a thin, dark-haired woman was seen hugging Kerry Frank.  Diane Hendricks, co-founder of ABC Supply and ​Hendricks Commercial Properties, is a friend and colleague of Kerry Frank, besides being the richest woman in Wisconsin, and some were certain she was trying to pull strings. Attorney Szeto said, "I was informed after the meeting that Diane Hendricks was at the meeting. I did not see her during the meeting though." Hidden Creek Estates wrote later, "The Frank family believe the commissioners for South Beloit thoughtfully and fairly reviewed the input of a variety of stakeholders in their decision." Roscoe News reached out to ​Hendricks Commercial Properties for comment but did not receive an immediate response. But if you're a multi-billionaire, you're probably busy.

In addition to arranging for permits this week, Hidden Creek Estates' spokespeople stated, "They are finishing additional renovations on the property, including adding a fountain to the pond and other final touches. They look forward to hosting private events and opening the wine bar to the community this summer."