Special Council Meeting
Kirkwood City Council
Via Zoom
Thursday, August 26, 2021, 6:00 p.m.

Pursuant to notice of meeting duly given by the Mayor, the City Council convened on Thursday, August 26, 2021, at 6:00 p.m. via Zoom Virtual meeting.  Present were Mayor Griffin, Council Member Duwe, Gibbons, Sears, Ward, Wurtz, and Zimmer. Also in attendance were Chief Administrative Officer Russell Hawes, Assistant Chief Administrative Officer David Weidler, City Clerk Laurie Asche, Deputy City Clerk Kim Sansegraw, Planning and Development Services Director Jonathan Raiche, Communications Manager Freddy Doss, and City Attorney John Hessel.  

ANNOUNCEMENTS FROM CITY ATTORNEY
City Attorney John Hessel stated for the record that under Section 610.015 of the Mo. Sunshine Law provides that members of the City Council who are not physically in the Council Chambers can participate and vote on all matters when an emergency exists and the nature of the emergency is stated in the minutes.

So, let the minutes reflect that the U.S., and the world, is in a state of emergency due to the Coronavirus—Covid 19. Therefore, members of the City Council have elected to participate in this meeting electronically for the public health and safety of each other and the general public.  

PUBLIC HEARING
Mayor Griffin recessed the meeting for the purpose of conducting a public hearing regarding a request for a Special Use Permit for a nursing home and Site Plan Review at 600 North Ballas Road (Harmony Homes). Mr. Hessel entered the following exhibits into record: an Affidavit of Publication in the St. Louis Countian on August 6, 2021, as Exhibit 1; an Affidavit of Publication in the Webster-Kirkwood Times on August 6, 2021, as Exhibit 2; an aerial view map showing the subject property and the properties that were notified of the hearing, as Exhibit 3; a list of property owners who were sent notice of the public hearing, as Exhibit 4; the report of the Planning and Zoning Commission dated July 26, 2021, as Exhibit 5; the report of the Planning and Zoning Subcommittee report dated July 21, 2021, as Exhibit 6; and the Kirkwood Code of Ordinances, as Exhibit 7. Also, on record are 40 email communications to the City Clerk in opposition of the proposal including a nine page memo from the law firm of Pleban & Petruska with exhibits attached. The City Clerk’s Office received 3 email communications in support of the proposal including one email from the applicant containing 39 letters in support with 9 of those directed to the Council for this proposal with the other 30 letters were dated in 2020 directed to the State of Missouri regarding a Certificate of Need.

Planning and Development Services Director Jonathan Raiche presented information pertaining to the request:

•	This is a 7 acre site approximately 2,000 feet north of Dougherty Ferry Road on Ballas Road surrounded by mostly single family homes with some multi-family homes 
•	“Nursing Home” has been an available Special Use Permit in the R-1 District since 1967 and staff has verified “Nursing Home” is the appropriate category for this project
•	This site would include 5 nursing home buildings (16 beds/building, total of 80 beds, approximately 48,500 sq. ft. floor area)
•	The proposed lot coverage is approximately 14% (25% allowable)
•	The proposed Floor Area Ratio is approximately 0.16 (compares to 0.25 allowable for single family homes; up to 10,800 square feet per 1 acre lot)
•	The setbacks for front/side/rear exceed all minimum requirements
•	There are 40 total parking spaces as required by code to accommodate visitors, staff, and residents (if needed)
•	The code does not require a certain amount of tree preservation but the applicant is proposing to remain approximately 61% of the existing tree canopy
•	The front side and rear planting requirements have been met and exceeded
•	There have been 7 pole-mounted  lighting fixtures and 10 wall-mounted lighting fixtures proposed which meet all requirements
•	The applicant has met the building height requirements in the proposed architectural exhibits
•	The Traffic Impact Study concluded that the traffic generated by the proposal could be accommodated with minimal impact to operating conditions of the surrounding roadways
•	The Traffic Impact Study was review by City of Kirkwood, City of Des Peres, and St. Louis County with no objections identified
•	The Planning and Zoning Commission, as a whole, voted 4 in favor and 5 opposed which was a failed motion
•	Two of three subcommittee members recommended approval with the following conditions:
o	Maximum 80 beds
o	Proposed access drive onto Ballas shall install stop signs (per traffic impact study)
o	A private sidewalk connecting the building to Ballas Rd. is required. Revised lighting plan also required to ensure proper lighting on sidewalk
o	Residents shall not be permitted to park a personal vehicle on-site (per traffic study assumption

Petitioners addressed the Council. Some of the discussion that took place is as follows:
•	There will be no Medicaid residents accepted and there are no plans to have affordable housing at this time
•	The meals being delivered will be prepared at an off-site commissary
•	The crosswalk and rapid flash beacon will be decided by St. Louis County

with Kirkwood pushing for enhanced pedestrian safety measures
•	There was concern that the sidewalks on the property will not be ADA compliant
•	The lighting standards are based on the neighboring properties
•	Question was raised if the retaining walls on the south side will have safety rails installed 
•	Inquiry was made regarding the imbalance of the tree buffering
•	The average age of residents will be 85 years old and will be able to access exits
•	There will be visitors allowed for residents based on CDC guidelines 
•	Walking on campus with residents is encouraged and there are nearby parks a short drive away
•	All homes have kitchens with components for the final heating and storage of delivered meals
•	The anticipated size of delivery trucks will be the same used in residential deliveries
•	The proposed project is expected to be a nursing home with medical care provided
•	It appears there is a portion of the property that is not being used due to natural resources 

A presentation was made by the “No to Harmony Homes” group. Please see attached to the minutes copies of comments made during presentation.

Public Comments:
1.	Glen Wildermuth, 472 Treetop Lane, states this is a developed residential neighborhood not for commercial use, believes the petitioner has no experience in senior care facilities and the development would be devastating to the property values of the neighboring residents.
2.	Barry Adelson, 13 Washington Terrace, supports a smaller residential nursing community and would like to see this development in Kirkwood.
3.	Imran Hanafi, physician advisor for Harmony Homes, feels most of the concerns against this project can be addressed. Believes having a diverse community is stronger and will be sustainable.
4.	Frank and Jane Melville, 2103 Trailcrest, Des Peres residents, believes project is being presented as a “homelike setting” instead of a nursing facility. Feels there is no need for an additional senior home in the area. Concern over many deliveries and visits that will increase traffic.
5.	Nel Carlisle-Gray, 1940 Meadowtree Lane, is concerned over the increased traffic this project will create.
6.	Debra Rosenfeld, 4464 Maryland Ave, supports having a smaller residential facility versus the “big box” facilities.
7.	Nathan Overboe, Warson Woods resident, supports having a development like Harmony Homes is proposing versus a big corporate style facility.
8.	Michelle Dobbs, 1834 Bridlebrook Lane, is concerned about the noise, traffic and light pollution from this development, as well as the negative impact on property values and environment.
9.	Blake Dell, 240 Clinton, opposed, feels this Special Use development does not fit in this neighborhood.
10.	Jeff Mugg, 626 N. Geyer, works for the architectural firm for this proposed development but not working on this project. Feels a senior community is needed in a residential area in the City and that this would be a quiet development.
11.	Anthony Golaszewski, local business owner, believes Harmony Homes will offer a high level of care and has a good plan.
12.	Dr. Jason Dausman, advisor for Harmony Homes, feels the smaller development will reduce viral spread versus the larger senior living facilities.
13.	Jay Kridel, 688 Trailcrest Ct, feels that the Planning and Zoning Commission, who has been tasked to review this development, should be taken in consideration by Council. He feels this project doesn’t fit the criteria for Special Use Permit.
14.	Barbara Anderson, 521 Taylor Young Drive, stated Jonathan said on Tuesday that our request must be stated at this time in the process. This request has no bearing when you the Kirkwood City Council reject the misguided request for a variance to place a large for-profit large commercial facility in the middle of a residential area. But in the event that you mistakenly approve this request, we ask that the retaining wall on the southern boundary of 600 N Ballas, at the N. Ballas entrance, be moved at least 3 feet north.  We ask this in order to preserve the current mature trees that are now there.  One of which did NOT make it onto the site plan, despite the fact that it was pointed out to the tree surveyors hired by Harmony Homes. It is a larch. That only this year has fully matured and is now producing their unique seed cones.  Other trees along the southern border of 600 N. Ballas and our northern property line are well over 50 years old.  The current design has the retaining wall as close as 14 feet from the property line.  This is well under the canopy of these majestic old trees that set on or near the property line.  Cutting roots and back-filling behind the retaining wall will only be detrimental to these well established trees. Save the trees. And more importantly save our neighborhood.   
15.	Dr. Michael Lee, feels with the aging population, developments like this will be needed. There needs to be more options for senior living facilities. 
16.	Jim Holtgrieve, 2100 Pinecrest Manor Lane, concerned the amount of construction and traffic has increased significantly and feels this would create even more traffic and doesn’t believe this facility should be in a residential area. 
17.	Annie Serenko, 1925 Meadowtree, feels this senior living facility is not practical at this proposed location and there will not be enough parking for this site. 

The bill will be placed on the September 2, 2021 agenda for first reading consideration.

ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 10:25 p.m.  

____________________________________
Laurie Asche
City Clerk
Approved:  September 16, 2021