Neighbors fight fast food restaurants

City Council still denies residents' appeal

Despite the pleas of a half-dozen area residents, the Henderson City Council voted at the July 6 meeting to deny an appeal of the Planning Commission's approval to build more businesses in the Valle Verde Plaza shopping center, including a fast-food restaurant.

The shopping complex is located at 40 and 50 N. Valle Verde Drive, and a 5-foot wall separates residents' back yards from the shopping center, which already includes a Kohl's department store and a CVS Pharmacy.

In May the Planning Commission approved the applicant's requests for two development applications on one acre, including a conditional use permit allowing for a Kentucky Fried Chicken and a Long John Silver's combined into a single building with drive-through service windows, and a design review for the restaurant and two in-line retail buildings.

Because the land was zoned as community commercial property in 1993, Mayor James Gibson said there was little the council could do.

"Most of the things we've heard about tonight we can't do anything about, but we can do something about that wall," he said.

According to minutes from the May 27 Planning Commission meeting, city staff determined the wall dividing residents' property from the shopping complex is not up to code in all areas. Kohl's has been contacted and a solution is currently being reached.

Resident Mark Stipek's property is separated from the complex by the wall. He said his kids play in their back yard with a dead-on view of Kohl's parking lot. He also complained of garbage from the shopping center.

"Trash is always blowing into my yard," he said. "Coming from Chicago, it looks like a blizzard."

Stipek is concerned that building a fast-food restaurant in the complex will affect the safety of the neighborhood.

"When you bring in the fast food, you're bringing in a whole different clientele," he said. "It's just too much -- the garbage, the smell, the lights."

Other complaints from residents included the odors the restaurant will bring, noise, bright lights and increased traffic in the neighborhood.

Councilman Steven Kirk sympathized with residents, stating the existing CVS Pharmacy lights are bad enough, blinding drivers at night.

"Those bright red lights, it's really offensive, I have to say," he said.

But it was Kirk who eventually motioned to deny the appeal, stating that if the neighborhood had become involved earlier the situation may have been prevented.

The council agreed certain conditions will apply to the project, including the agreement that trash receptacles be enclosed and covered, the restaurant's hours of operation run from 10 a.m. to 10 p.m. and the applicant agrees to install an upgraded filtration system.

The restaurant's menu board and speaker boxes are set to be built about 500 feet south of the nearest residence. According to project documents, the applicant said other buildings will be constructed between the restaurant and the homes to help block noise from the drive-through windows.

The city added an additional condition that the applicant utilize automated voice control technology for the speaker boxes.

Gibson suggested residents continue working together and welcomed future ideas or alternatives. He named resident Ken Envall as the neighborhood's representative to act as a communication link between the city and the residents. He also instructed the development office to keep Envall informed of future details regarding the project.

Gibson also said he will ask the Henderson Police Department to pay special attention to the area, in light of residents' traffic concerns.

Frustrated residents gathered in the hall of the convention center after the decision.

Stipek said he feels terrible about the outcome. He said when he and his neighbors bought their homes, some nearly a decade ago, they were told the property was designated for professional and medical buildings.

Stipek plans to work with Envall to come up with alternatives to present to the city. He said he and his neighbors could have bought less expensive property elsewhere and not smell fast-food odors "day and night."

"They're basically just telling us what they want to hear," Stipek said.


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