ORDINANCE NO. 260962
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Sponsor: Councilmember Nathan Willett
Rezoning an area of about 23.65 acres located at the southeast corner of N.E. 104th Street and N.E. Cookingham Drive from Districts B2-2 and R7.5 to District B2-2, approving a development plan to allow for the addition of a grocery store and delaying the effective date. (CD-CPC-2026-00145 and CD-CPC-2026-00147)
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BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Zoning and Development Code, is hereby amended by enacting a new section to be known as Section 88-20A-______, rezoning an area of about 23.65 acres generally located at the southeast corner of N.E. 104th Street and N.E. Cookingham Drive from Districts B2-2 (Neighborhood Business) and R7.5 (Residential 7.5) to District B2-2 (Neighborhood Business) to allow for the addition of a grocery store and more specifically described as follows:
Part of Tract 2 and Tract 3 of the Robertson Construction, LLC property recorded in Document No. 2012048684, Book 6993, Page 107
The following description is based on the Missouri State Plane Coordinate System Grid North [NAD83(2011), Epoch 2010.00, U.S. Survey Feet, West Zone], using a Combined Factor of 0.999989884 and a Convergence Angle of +00°01'21".
A parcel of land containing 23.65 acres, more or less, and being situated in the North half of Section 35, Township 52 North, Range 32 West, Kansas City, Clay County, MO and being more particularly described as follows:
Commence at a 2.5” aluminum cap (stamped 200151303 S 1/4 COR SEC 26) found at the northwest corner of the northeast quarter of said Section 35; Thence run S 89°32’59” E along the north line of said Section 35 for a distance of 502.14 to a point; thence run S 00°26’09” W for a distance of 60.85 feet to a 1/2” rebar with cap (PHELPS MOCLS 2007001128) found in the south line of NE. 104th Street (R.O.W. varies) and being the POINT OF BEGINNING of the herein described parcel.
From said POINT OF BEGINNING, thence run S 00°26'09" W for a distance of 297.39 feet to a 1/2” rebar with cap (PHELPS MOCLS 2007001128); thence run S 21°27'43" E, passing a 1/2” rebar with cap (PHELPS MOCLS 2007001128) at 220.36’, for a TOTAL distance of 278.07 feet to a 1/2” rebar with cap (PFI MOPS 2026006657) set; thence run S 00°12'02" E for a distance of 732.02 feet to a 1/2” rebar with cap (PFI MOPS 2026006657) set; thence run S 66°53'58" W for a distance of 770.63 feet to a 1/2” rebar with cap (PFI MOPS 2026006657) set in the northeast line of NE Cookingham Drive/Highway 291 (R.O.W. varies); thence run along said northeast line the following calls: N 23°02'00" W for a distance of 476.68 feet to a R.O.W. Monument found; thence run N 66°58'00" E for a distance of 20.00 feet to a R.O.W. Monument found; thence run N 23°02'00" W for a distance of 479.25 feet to a R.O.W. Monument found at the southwest corner of said 104th Street; thence run along the south line of said 104th Street the following calls: N 66°58'14" E for a distance of 195.39 feet to a 1/2” rebar with cap (PFI MOPS 2026006657) set at a point of curvature; thence run northeasterly on and along the arc of a curve to the left, said curve having a radius of 750.00 feet, an arc length of 355.68 feet, a chord bearing of N 53°23'04" E, a chord length of 352.36 feet, and a delta angle of 27°10'19" to a 1/2” rebar with cap (PFI MOPS 2026006657) set at a point of tangency; thence run N 39°47'55" E for a distance of 129.64 feet 1/2” rebar with cap (PFI MOPS 2026006657) set; thence run N 50°12'05" W for a distance of 4.00 feet 1/2” rebar with cap (PFI MOPS 2026006657) set; thence run N 39°47'55" E for a distance of 120.32 feet 1/2” rebar with cap (PFI MOPS 2026006657) set at a point of curvature; thence run northeasterly on and along the arc of a curve to the right, said curve having a radius of 654.00 feet, an arc length of 411.63 feet, a chord bearing of N 57°49'47" E, a chord length of 404.87 feet, and a delta angle of 36°03'44" 1/2” rebar with cap (PFI MOPS 2026006657) set; thence run N 14°08'21" W for a distance of 6.00 feet 1/2” rebar with cap (PFI MOPS 2026006657) set at a point in a curve; thence run easterly on and along the arc of a curve to the right, said curve having a radius of 660.00 feet, an arc length of 1.66 feet, a chord bearing of N 75°55'59" E, a chord length of 1.66 feet, and a delta angle of 00°08'40" back to the POINT OF BEGINNING and containing 23.65 acres, more or less (the “Property”).
is hereby rezoned from Districts B2-2 (Neighborhood Business) and R7.5 (Residential 7.5) to District B2-2 (Neighborhood Business), all as shown outlined on a map marked Section 88-20A-______, which is attached hereto and made a part hereof, and which is hereby adopted as a part of an amendment to the zoning maps constituting a part of said chapter and in accordance with Section 88-20 thereof.
Section B. That a development plan for the area legally described above is hereby approved, subject to the following conditions:
1. No water service tap permits will be issued until the public water main is released for taps.
2. The developer shall ensure that water and fire service lines should meet current Water Services Department rules and regulations prior to issuance of a certificate of occupancy.
3. A full flow fire meter shall be required when the fire protection service line serves more than one building, or combination service lines 6 inches and larger, or that have private fire hydrants connected to them.
4. The developer shall screen all roof and/or ground mounted mechanical and utility equipment in compliance with Section 88-425-08 of the Zoning and Development Code.
5. The developer shall submit an affidavit, prepared by an engineer licensed in the State of Missouri, verifying that all outdoor lighting has been installed in accordance with approved plans and that lighting levels do not exceed that shown on the approved lighting plan at the property lines prior to a certificate of occupancy.
6. The developer shall submit an affidavit, completed by an ISA certified arborist, an SAF certified forester, a professional engineer, or a landscape architect licensed in the State of Missouri, verifying that all trees preserved and all trees planted to meet mitigation required of the approved plan, whichever is applicable, has been installed or preserved in accordance with the plan and is healthy prior to a certificate of occupancy.
7. The developer shall secure approval of a Project Plan from the City Plan Commission prior to building permit for Parcels 2 through 9.
8. Prior to issuance of the certificate of occupancy for each lot within the plat the developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that street trees have been installed in accordance with the approved street tree planting plan and are healthy.
9. The developer shall provide pavement marking or signage at each dedicated pick-up spot directed toward drivers that idling is not permitted.
10. All crosswalks shown on the approved plan shall be painted and striped or constructed with a contrasting paving material prior to issuance of the certificate of occupancy.
11. The developer shall submit an affidavit, completed by an ISA certified arborist, an SAF certified forester, a professional engineer, or a landscape architect licensed in the State of Missouri, verifying that all trees preserved and all trees planted to meet mitigation required of the approved plan, whichever is applicable, has been installed or preserved in accordance with the plan and is healthy prior to a certificate of occupancy.
12. The developer shall submit an affidavit, completed by a landscape architect licensed in the State of Missouri, verifying that all landscaping required of the approved plan has been installed in accordance with the plan and is healthy prior to a certificate of occupancy.
13. All signage shall conform to Section 88-445 and shall require a sign permit prior to installation.
14. All Fire Department Connections (FDC) shall be threaded connections, Storz connections are not allowed in the City of Kansas City, Missouri (IFC-2018 § 903.3.6; NFPA 13-2010 § 6.8.1).
15. Required Fire Department access roads shall designed to support a fire apparatus with gross axle weight of 85,000 pounds. (IFC-2018: § 503.2.3)
16. The developer shall provide Fire Department access roads before to construction/demolition projects begin. (IFC-2018 § 501.4 and 3310.1; NFPA 241-2013 § 7.5.5)
17. All required Fire Department access roads shall be an all-weather surface. Grass pavers are not permitted. (IFC-2018: § 503.2.3)
18. Proposed buildings shall have a Fire Department access road within 150 feet of any exterior portion of the structure. (IFC-2018: § 503.1.1)
19. A Knox Box shall be provided near the main entrance to the building (IFC-2018 § 506.1). To ensure proper keying to Kansas City, Missouri; Knox Boxes may be ordered online at www.knoxbox.com or on an official order form obtained through the Kansas City, Missouri Fire Marshall’s office.
20. The building’s FDC shall be immediately recognizable from the street or nearest point of Fire Department access. (IFC-2018 § 912.2.1)
21. Buildings exceeding 62,000 square feet in area shall have at least two means of fire apparatus access. (IFC-2018: § D104.2)
22. The turning radius for Fire Department access roads shall be 30 feet inside and 50 feet outside radius. (IFC-2018: § 503.2.4).
23. The Fire Department Connection (FDC) shall not be located that obstructs access/egress to the building when in use. (IFC-2018 § 912.2)
24. The developer shall meet the fire flow requirements as set forth in Appendix B of the International Fire Code 2018. (IFC-2018 § 507.1).
25. Required Fire Department access roads shall be a minimum unobstructed width of twenty (20) feet and 13 ft.-6 in. clearance height. (IFC-2018: § 503.2.1)
26. The developer shall provide fire lane signage on fire access drives.
27. Fire hydrant(s) shall be within 400 feet on a fire access road following an approved route established by the Authority Having Jurisdiction (AHJ) of any exterior portion of a building. The use of existing fire hydrant(s) may be used to satisfy this requirement otherwise a private fire hydrant(s) or hydrant system may be required. This distance may be increased to 600 feet for R-3 and U occupancy(s) or the building(s) is fully protected by an approved automatic fire sprinkler system(s). (IFC-2018: § 507.5.1).
28. Fire hydrant distribution shall follow IFC-2018 Table C102.1.
29. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. (IFC-2018: § D106.3).
30. Fire hydrants shall be installed and operable before the arrival of any combustible building materials onto the site. (IFC-2018 § 501.4 and 3312.1; NFPA 241-2013 § 8.7.2).
31. The developer shall cause the area to be platted and processed in accordance with Chapter 88, Code of Ordinances of the City of Kansas City, Missouri.
32. All agreement and easement documents shall be submitted using Information Bulletin IB159 to the Infrastructure Review Application on CompassKC for review and approval by the Kansas City Water Services Department prior to issuance of any permits.
33. The developer shall submit a macro storm drainage study with the first plat or phase, from a Missouri-licensed civil engineer to the Land Development Division showing compliance with current adopted standards in effect at the time of submission, including water quality BMP’s, to the Land Development Division for review and acceptance for the entire development area, and submit a micro storm drainage study with each subsequent plat or phase showing compliance with the approved macro and adopted standards. The developer shall secure permits to construct any improvements as necessary to mitigate impacts from rate, volume, and quality of runoff from each proposed phase, prior to recording the plat or prior to issuance of a building permit, whichever occurs first, as required by the Land Development Division.
34. The developer shall provide private (water, storm drainage, sanitary sewer) easements for any private mains prior to issuance of any building permits.
35. The developer shall submit plans for grading, siltation, and erosion control to the Kansas City Water Services Department for review and acceptance, provide a copy of the Storm Water Pollution Prevention (SWPP) plan submitted to the Missouri Department of Natural Resources (MDNR) and secure a site disturbance permit for any proposed disturbance area equal to one acre or more prior to beginning any construction activities.
36. The developer shall grant a BMP and/or surface drainage easement to the City as required by the Kansas City Water Services Department, prior to recording the plat or issuance of any building permits.
37. The developer shall submit an analysis to verify adequate capacity of the existing sewer system as required by the Kansas City Water Services Department prior to issuance of a building permit to connect the private system to the public sewer main and depending on adequacy of the receiving system, make other improvements as may be required.
38. The developer shall provide covenants to maintain private sanitary sewer mains acceptable to the Kansas City Water Services Department for any private sanitary sewer mains prior to the issuance of any building permits.
39. The developer shall provide covenants to maintain private water mains acceptable to the Kansas City Water Services Department for any private water mains prior to the issuance of any building permits.
40. The developer shall enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by the Land Development Division prior to recording the plat.
41. The developer shall secure permits to extend public sanitary and storm water conveyance systems to serve all proposed lots within the development and determine adequacy of receiving systems as required by the Kansas City Water Services Department prior to recording the plat or issuance of a building permit, whichever occurs first.
42. The developer shall submit documents to release the existing sanitary sewer easements per the Kansas City Water Services Department ‘Release of Easement Instructions’ as required by the Kansas City Water Services Department prior to recording the plat or issuance of a building permit, whichever occurs first.
43. The developer shall provide covenants to maintain private storm sewer mains acceptable to the Kansas City Water Services Department for any private storm sewer mains prior to the issuance of any building permits.
44. The developer shall obtain the executed and recorded City approved grading, temporary construction, drainage/sewer, or any other necessary easements from the abutting property owner(s) that may be required prior to submitting any public improvements crossing properties not controlled by the developer and include said document(s) within the public improvement applications submitted for permitting.
45. After the City Plan Commission enters its disposition for the development plan, the developer shall not enter into any agreement that would encumber or otherwise have any impact on the proposed right-of-way dedications for the planned project without the prior written consent of the Land Development Division.
46. The developer shall design and construct all interior public streets to City standards, as required by Chapter 88 and the Land Development Division, including curb, gutter, storm sewers, streetlights, and sidewalks.
47. The developer shall construct temporary off-site cul-de-sacs and grant a City approved temporary cul-de-sac easement, for that portion outside of the dedicated street right-of-way, to the City as required by the Land Development Division, prior to recording the plat.
48. The developer shall submit verification of vertical and horizontal sight distance for the drive connection to public right-of-way to the Land Development Division and make improvements to ensure local jurisdiction and/or minimum AASHTO adequate sight distance standards are met, prior to issuance of any certificate of occupancy.
49. The developer shall integrate into the existing streetlight system any relocated streetlights within the street right-of-way impacted by the new drive or approach entrances as required by the Land Development Division, and the relocated lights must comply with all adopted lighting standards.
50. The developer shall submit a streetscape plan for approval and permitting by the Land Development Division prior to beginning construction of the streetscape improvements in the public right-of-way, and construct ADA compliant ramps at all required locations where new private drives are being added, or where existing sidewalks are modified or repaired.
51. The developer shall submit a letter to the Land Development Division from a licensed civil engineer, licensed architect, or licensed landscape architect, who is registered in the State of Missouri, that identifies sidewalks, curbs, and gutters in disrepair as defined by Public Works Department’s ‘OUT OF REPAIR CRITERIA FOR SIDEWALK, DRIVEWAY AND CURB revised 11/5/2013’ and based on compliance with Chapters 56 and 64, Code of Ordinances, for the sidewalks, curbs, and gutters where said letter shall identify the quantity and location of sidewalks, curbs, and gutters that need to be constructed, repaired, or reconstructed to remedy deficiencies and/or to remove existing approaches no longer needed by this project. The developer shall secure permits to repair or reconstruct the identified sidewalks, curbs, and gutters as necessary along all development street frontages as required by the Land Development Division and prior to issuance of any certificate of occupancy permits including temporary certificate of occupancy permits.
52. The developer shall submit construction plans in compliance with adopted standards for all improvements required by the traffic study approved by the Public Works Department, and shall secure permits for those improvements as required by the Land Development Division, prior to recording the plat.
53. The developer shall subordinate to the City all private interest in the area of any right-of-way dedication, in accordance with Chapter 88 and as required by the Land Development Division, prior to issuance of any construction permits within said right-of-way, and that the owner/developer shall be responsible for all costs associated with subordination activities.
54. The developer shall pay the arterial street impact fees as required by Chapter 39 of the City’s Code of Ordinances, as required by the Land Development Division.
55. The developer shall be responsible for tree preservation in an easement or platted tract, mitigation planting, or payment of cash-in-lieu of preservation or mitigation planting, or any combination thereof in accordance with Section 88-424. Should the developer choose to pay cash-in-lieu of preservation or mitigation of all or a portion of the required area, the amount due shall be based upon the rate specified in Section 88-424. This requirement shall be satisfied prior to issuance of certificate of occupancy or prior to the recording of the final plat, whichever occurs first.
56. The developer shall submit a streetscape plan with street tree planting plan per Section 88-425-03 for approval and permitting by the Parks and Recreation Department’s Forestry Division prior to beginning work in the public right-of-way.
A copy of said development plan is on file in the office of the City Clerk with this ordinance and is made a part hereof.
Section C. That the development plan described above is hereby approved with the following deviations from Chapter 88, Zoning and Development Code:
1. That the Council grants deviations to Section 88-347-02-D. Exceeding 45 foot-candles of illumination under the canopy structure as provided in the plan.
2. That the Council grants deviations to Section 88-120-05-B, exceeding 45,000 square feet of gross floor area of a grocery store in B2 district.
Section D. That the Council finds and declares that before taking any action on the proposed rezoning and development plan hereinabove, all public notices and hearings required by the Zoning and Development Code have been given and had.
Section E. That this ordinance shall become effective ten days after the passage of this Ordinance or upon notification from the City Attorney to the City Clerk that Phillips Edison & Company, Inc., its assignees, or a related party, has acquired title to the property described above whichever last occurs or if such notice has not been provided by January 1, 2028, then this Ordinance shall be null and void.
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I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.
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Sara Copeland, FAICP
Secretary, City Plan Commission
Approved as to form:
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Sarah Baxter
Senior Associate City Attorney