Red Barn: turn a golf course into townhouses?

Residents from the Summit Condominium Association filled the Rockton Village Hall on Tuesday evening, Jan. 21, 2025.

Back in June 2024, complaints from the group had prompted the Village of Rockton to include flying objects, such as golf balls, in their nuisance ordinance.

Now Richard Barnes, the owner of the adjacent Red Barn Golf Course, was asking permission to build residential units there, saying the golf course couldn't stay in business if he were fined for every errant ball from the TopTracer driving range.

Instead of the 60-year-old driving range, Barnes' application [PDF] asked permission to build "accessory dwelling units," though he later called the proposal "luxury townhouses."

Barnes admitted he knew his request would be denied "because we filed the wrong paperwork," but said, "I am willing to negotiate and continue the discussion as long as the village eliminates [their position] that the Red Barn is responsible for the nuisance."

"If we continue to lose money I will have to file the right paperwork - called a PUD - and I will have to try to put in a planned unit development there with luxury townhouses that match the facade and resemble the preexisting duplexes."

At the end of the meeting, in a 6-0 vote, the Village Board denied Barnes' request to build.

More about the issue

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Village of Rockton approves design review for Red Barn Golf Course

Red Barn Golf Course Open House

Barnes looked at the golf course websites for the City of Rockford. Each has an rule that the golf course isn't liable for errant shots.

"Sinnissippi golf course hole number 4 goes along a community property line. One of the neighbors put up their own net to protect their assets. That is what we propose that our neighbors do.”

The Forest Preserves of Winnebago County rules say, "Visitors are responsible for any damages and/or injuries that may occur while utilizing the practice range."

"The Red Barn driving range course was built in the early '60s, 40 years before the Wagon Wheel airstrip was turned into these condominiums.”

Barnes referred to a letter from TopTracer by TopGolf that the Village unanimously approved in the winter of 2022.

“TopTracer does not enhance the ball flight, it does not force balls to be errant, it is a video camera system that then shows a replay of what is being hit,” Barnes said.

The conical shape of the driving range is designed to have all the balls go to the center or where  flags are placed.

Last year Barnes made an accommodation to keep a white flag away from a neighbors property line.

A company called Range Servant weighed in, by request of the Homeowners Association. They stated the conical shape is the way that driving ranges are designed.

“I put in a net to protect the grass tees, and the net was pointed towards the white flag,” Barnes said. “After negotiating with the Homeowners Association it was determined that this does not affect the aim of the person hitting the golf ball. They aim at the targets.”

Barnes shared his list of what was negotiated and worked out with the HOA and the village board. “I tried to be a good neighbor,” he said.

“Tom Polaski of the zoning board interviewed a golf pro at Atwood Homestead, who said that the golf course is never responsible for errant shots.”

“I have case law that I am willing to take to court so I can get my due process,” Barnes said.

Barnes also presented insurance denials showing assumption of risk because they built next to a golf course, and they didn't protect their assets.

Residents gave statistics and expressed concerns

Richard Stasica, a Summit Condominium Association Board member, said, “In reply to Mr. Barnes' comment about golf courses having errant shots, this isn't a golf course, this is a driving range, sir. Those balls and those fairways in the tee boxes are aligned to go right at the condominiums.”

He showed a photo from Google Earth with red lines showing where the ball directions go. “We're not a target range where you can take a rifle and think you can hit a target. Errant balls go 28 degrees off a target. They are coming right at our units,” Stasica said.

Stasica also showed a photo of signs that were placed in the back of the condominiums back in September. Stasica said, “This is a lot of harassment. The signs read, 'Coming soon, Future home of Red Barn Apartments'.”

Stasica directed his comments to Barnes, “We're not being good neighbors because we tried to work with you. You should be the one putting up the net which was estimated at a cost of $185,000 for 500 feet. You told us, 'You pay for it and I will give you $10,000 toward it.' Who the h*** came in there with the idea of changing the whole course?”

SCA President Paul Grossen said, “It is common sense that if you live next to the golf course, the course is there with a driving range and you built condos along there. All those places he's talking about - errant balls that the course is not responsible for - those are the golf courses. This is different. The errant balls are coming from the driving range,” Grossen said.

“For 22 or 23 years there were four incidents after the condos were built and we were able to co-exist. The next year after the TopTracer was put in, five windows were broken, plus a glass table and a bombardment of decks. People are afraid to go out and to get hit.”

Grossen said, “I am  concerned about a personal injury, which could be a very serious personal injury. That would be dangerous and would create lots of problems.”

Red Barn owner presents his facts

Red Barn owner Richard Barnes said, “My wife and I bought the Red Barn Golf Course four years ago in 2021, and we put some of our retirement into that.”

"During the Zoning Board of Appeals meeting, I heard murmurs behind me from my neighbors asking, 'Why can't we just keep the course a range?' At this point we can keep it a range, I just have to make sure the range is profitable.”

“Since the change to the nuisance ordinance and the proposed enforcement, fining the golf course for every ball that hits a building or every ball that breaks an object like a window or furniture, the Red Barn Golf course is going to be fined, and that is unfair. I was not given my due process to come and present my own facts to the board,” Barnes said.

Barnes showed the board a “Best of the Stateline” Award given to them in 2024 by the Beloit Daily News where readers recognized the course for its excellence in the way it treats its people and its customers.

Barnes asked the village to reconsider the way they are going to reinforce the nuisance ordinance.

“We cannot continue to lose money at the driving range. We put a quarter of a million dollars in with the TopTracer and Robotic ball picker to make the range more functional,” Barnes said.

“We tripled or quadrupled the number of golf balls hit. We have no more errant shots because of TopTracer,” Barnes said. “The percentage is even lower than the national average, according to TopTracer.”

Barnes offered to come to any meeting with his neighbors and the village in the future to try to work this out.

New development

Sandy Basel, real estate agent with Gambino Realtors, said, “Taking [Barnes'] presentation in the last two meetings that I have attended, the buildings that he has proposed to put on the driving range won't do anything for the value of the 142 condos on the area behind the driving range. “

“I did a quick estimate,” Basel said. “Those condos are bringing in $5,500 to $5,600 a piece in tax revenue every year. You will not get that if those proposed buildings go in. It is very hard to match the quality of a Zenz building. That value is just not going to be there in those new proposed buildings.”

Paul Grossen said, “With the zoning, 14 units are being talked about. We would have 56 units with the possibility of four people per unit. [There] would possibly be 224 people coming out of one entrance-exit.”

Grossen added, "What was presented at the zoning board had no detailed plans at all. That is like giving a blank check to do whatever he wants. It doesn't seem like a good idea. Would this be good for Rockton?”

Condo resident Lori Penzi, a representative of the eight person Summit Condominium Associations Board of Directors, said, “The Summit Condo Association consists of 62 owners and 31 duplexes. Our association requires single owner occupancy; we do not permit rentals. The associations to the east and west of us add 62 owners to 142 with the same occupancy.”

“The request for a change in zoning with a proposed high density housing development by the Red Barn Real Estate Company is directly adjacent to our neighborhoods,” Penzi said.

Penzi was concerned about unnecessary pressure on current infrastructure, including water, sewer, utilities, streets, local amenities and schools.

“After a rainstorm it has been noted by a couple of homeowners that the water drains directly into the proposed building site and dissipates slowly,” Penzi said.

Penzi was also concerned about increased traffic, with restricted accessibility to the proposed building site, creating the potential for accidents involving motor vehicles, village emergency equipment, school district buses and pedestrians of all ages.

“The existing homes in our neighborhood present structural uniformity, and are meticulously maintained by board-chosen private contractors," she said. “Each infrastructure element is monitored for safety and efficiency. This takes time, dedication and owner cooperation, which we obviously have.”

“We believe the value of our entire neighborhood would negatively impacted by this zoning change, and asked that the board deny the request," said Penzi. “We are proud of our neighborhood and its value to the village of Rockton. “

Results from Zoning and Planning

Before putting Barnes' proposal to a vote, Village of Rockton Planning and Development Administrator Tricia Diduch gave a review of the planning and zoning meetings that were held prior to the village board meeting.

“This was applied for under the type of special use permit that staff had at the time of application. If Mr. Barnes would like to revise and submit a new plan application, he can do so under the Planned Unit Development regulations.”

There was no public hearing under the Planning Commission as they determined there wasn't enough information to recommend approval.

The ZBA held a public hearing with many of the same people present. The ZBA looked at the findings of fact for Special Use criteria. The ZBA chose to adopt the Village staff's findings of facts and determined that the request didn't meet the criteria.

The ZBA made a further motion to deny the request and proposal which resulted in a negative recommendation from the Zoning Board and the Planning Commission. The Village trustees historically do not override the ZBA's recommendations.