Henderson: Legal battle may follow denial of development

Valerie Miller

Thursday, Oct. 21, 1999 | 10:57 a.m.

Now that a proposal for low-income senior apartments mixed with commercial development near Horizon Ridge Parkway has been denied by the Henderson City Council, the matter may go to court.

Mark Schnippel, owner of Terra West Development, said he plans to appeal Tuesday's City Council denial of the Horizon Pines senior apartments and medical office project.

The City Council deadlocked Tuesday at 2-2 on whether to allow the project, with the fifth council member, Jack Clark, being absent.

Under council rules, a tie is considered a denial. Schnippel can resubmit his project only if there are substantial changes. An appeal can be filed in District Court, Henderson City Attorney Shauna Hughes said.

Terra West Development had proposed two 47,000-square-foot, two-story buildings for the senior apartments, each with 106 units. The project includes 12 office buildings providing about 60,000 square feet. It was planned for 19 acres north of Horizon Ridge Parkway and west of Carnegie Street in the Green Valley Ranch area on the city's southwest side.

About a dozen residents spoke out against the project at the meeting, saying that it would adversely affect their neighborhood and lead to even more commercial development along Horizon Ridge Parkway.

"This (commercial development) will only increase traffic on Horizon Ridge Parkway and make it an impossible situation for residents who live in the area," resident Karen Sexton told the council.

Others in the community feared the impact of more high-density apartments in the area along with the medical offices proposed.

"We already have 900 apartment units coming in across the street," Cheri Norton said. "Where are the people for the medical offices going to park when they run out of parking spaces? On residential streets, that's where."

The Planning Commission had denied the project Sept. 30 partly because it failed to provide adequate parking and landscaping.

Terra West contended that the residents' opposition was rooted in a bias against affordable senior housing.

"This is the typical 'not in my backyard' mentality," Schnippel told planners in September. "It's great to have affordable senior housing, but not next to me."

Henderson Mayor Jim Gibson disagreed with that argument at Tuesday's meeting.

"I'm concerned with the commercial office aspect of this project," Gibson said. "It is the circumstances along Horizon Ridge Parkway that trouble me. If this was all senior housing, I wouldn't have these concerns."

Last month the City Council decided not to widen Horizon Ridge Parkway after hundreds of residents turned out to protest at City Council, Planning Commission and neighborhood meetings.

Councilwoman Amanda Cyphers supported the project, citing the special needs of seniors.

"To find affordable senior housing near commercial and medical is a must," she said.

No date for filing an appeal has been set by the developer.