Henderson rejects neighbors’ protest of two restaurants

Stephen Curran

Wednesday, July 7, 2004 | 8:47 a.m.

Calling it an "impossible situation," the Henderson City Council on Tuesday unanimously rejected an appeal by homeowners in an upscale Green Valley neighborhood to stop a planned fast-food restaurant from opening near their homes.

The plan, which tentatively would allow for a KFC and Long John Silver restaurants in the 4-acre parking lot of the existing Kohl's department store, is part of a decade-old master plan that called for commercial development where Valle Verde Drive meets Interstate 215.

Everyday, sales manager Mark Stipek sees the development, which is 500 feet from the back yard of his $760,000 home.

"I just flat-out don't agree with it (the decision)," he said. "I think we were in the dark."

Stipek said he worries about the smell from the commercial kitchens and "the clientele" throwing wrappers and other items over his back wall.

"It just seems like you're putting too much business into a 5-gallon bag," he told the council.

Although council members had the option of approving the project without the proposed drive-through window, they said approving the building with the drive-through would allow more leeway in dictating the architectural style for the restaurant.

Councilman Steven Kirk, who represents the homeowners, said he was sympathetic to homeowners' concerns but ultimately voted against their appeal.

Henderson Mayor Jim Gibson agreed that the decision would allow the council to make the building's architecture match that of the community, including faux brick walls and tile roofing.

"This is one of those impossible situations for us," he said after hearing several homeowners who addressed the council.

Homeowner Janice Brown, a lawyer whose house also backs up to the department store, spearheaded a citizens group to fight the project, which she called "short-sighted."

The most troublesome issue, she said, is a five-foot wall surrounding the 10-acre property, low enough for an average-size person to climb.

"I can get over the wall," Brown said, noting her relatively short stature. "I'm afraid of someone getting over the wall."

She and Stipek said they will continue to involve themselves with architectural planning for the project.

"Maybe we can work out something," Stipek said after the meeting.

During the meeting, council members also approved a plan that would give Henderson animal control officers the authority to issue citations.

The council also postponed until Sept. 7 a decision that would redesignate 1,400 acres near where the crosses U.S. 95.