SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES ROORDA (Sponsor), YAEGER, OXFORD, MEADOWS, DARROUGH, KOMO, QUINN (9), TODD, KUESSNER, BROWN (50), WALSH, HOLSMAN, SCAVUZZO, LAMPE, STORCH, SALVA, NORR, FALLERT, ROBINSON, DOUGHERTY, SKAGGS, GEORGE, CORCORAN, KRATKY, LOWE (44), WALTON, CURLS, FRAME, GRILL, WRIGHT-JONES, LeVOTA, MEINERS, TALBOY, SPRENG, HUGHES, LOW (39), CASEY, PAGE, HARRIS (110), NASHEED, SCHOEMEHL, WILDBERGER, HODGES, AULL, LIESE, BURNETT, BLAND, SHIVELY AND McCLANAHAN (Co-sponsors).
Read 1st time March 6, 2008 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 89, RSMo, by adding thereto four new sections relating to the informed growth act.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 89, RSMo, is amended by adding thereto four new sections, to be known as sections 89.500, 89.501, 89.502, and 89.503, to read as follows:
89.500. 1. Sections 89.500 to 89.503 shall be known and may be cited as the "Informed Growth Act".
2. As used in sections 89.500 to 89.503, the following terms mean:
(1) "Comprehensive economic impact area", the geographic area affected by a proposed large-scale retail development, including the municipality and abutting municipalities;
(2) "Comprehensive economic impact study", a municipal study that estimates the effects of a large-scale retail development on the local economy, downtown, and community;
(3) "Department", the department of economic development;
(4) "Downtown", the central business district of a community that serves as the center for socioeconomic interaction in the community and is characterized by a cohesive core of commercial and mixed-use buildings, often interspersed with civic, religious, and residential buildings and public spaces, typically arranged along a main street and intersecting side streets, walkable, and served by public infrastructure;
(5) "Gross floor area", the aggregate of the areas of each floor of a building or structure, including accessory structures, measured between the exterior faces of the exterior walls or limits of the building or structure at the level of each floor;
(6) "Land use permit", a municipal permit or approval required by a municipal land ordinance, site plan ordinance, subdivision ordinance, zoning ordinance, or building permit ordinance;
(7) "Large-scale retail development", any retail business establishment having a gross floor area of seventy-five thousand square feet or more in one or more buildings at the same location, and any expansion or renovation of an existing building or buildings that results in a retail business establishment's having a gross floor area of seventy-five thousand square feet or more in one or more buildings except when the expansion of an existing retail business establishment is less than twenty thousand square feet. Other retail business establishments on the same site as the large-scale retail business establishment shall not be included in this definition unless they share a common check stand, management, controlling ownership, or storage areas;
(8) "Municipal reviewing authority", the municipal planning board, agency, or office or, if none, the municipal officers;
(9) "Retail business establishment", a business engaged in the sale of goods to the ultimate consumer for direct use or consumption;
(10) "Undue adverse impact", within the comprehensive economic impact area, the estimated overall negative effects on the factors listed for consideration in section 89.501 outweigh the estimated overall positive effects on those factors, and the estimated negative effects of at least two of the factors listed in section 89.501 outweigh the positive effects on those factors.
89.501. 1. As part of its review of a land use permit application for a large-scale retail development, a municipal reviewing authority shall require the preparation of a comprehensive economic impact study. A comprehensive economic impact study shall be prepared by a person, other than the applicant for a large-scale retail development, listed by the department as qualified by education, training, and experience to prepare such a study. The department shall provide the list of qualified preparers to a municipal reviewing authority and land use permit applicant upon request. The selection of the preparer shall be mutually agreed upon by the municipal reviewing authority and the applicant. If no mutual agreement is reached within fifteen days, the municipal reviewing authority shall select a qualified preparer.
2. The applicant for the permit shall pay a fee of forty thousand dollars to the department, and the development application shall not be considered complete for processing until the department confirms that the fee has been paid. All fees paid under this subsection shall be deposited into the "Comprehensive Economic Impact Study Fund", which is hereby created in the state treasury. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, RSMo, the state treasurer may approve disbursements. Upon appropriation, money in the fund shall be used solely for the administration of sections 89.500 to 89.503. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.
3. The department shall disburse to the municipality from the fund an amount equal to the municipality's projected costs of the comprehensive economic impact study contract, notice of the public hearing, and related municipal staff support. The municipality's contract for the study shall be defined and priced to ensure that the forty thousand dollar fee will be sufficient to cover both the costs of the study and the costs listed in this subsection. The department may charge against the fee an amount sufficient to cover its costs to record, administer, and disburse the fee, but such fee shall not exceed one thousand dollars. Any unexpended funds from the forty thousand dollar fee shall be returned to the applicant.
4. The comprehensive economic impact study shall be completed within four months of the filing of the application and shall be made available to the municipal reviewing authority, the applicant, and the public. The comprehensive economic impact study, using existing studies and data and through the collection and analysis of new data, shall identify and estimate the economic effects of the large-scale retail development on the following:
(1) Existing retail operations;
(2) Supply and demand for retail space;
(3) Number and location of existing retail establishments where there is overlap of goods and services offered;
(4) Employment, including projected net job creation and loss;
(5) Retail wages and benefits;
(6) Captured share of existing retail sales;
(7) Sales revenue retained and reinvested in the comprehensive economic impact area;
(8) Municipal revenues generated;
(9) Municipal capital, service, and maintenance costs caused by the development's construction and operation, including costs of roads and police, fire, rescue, and sewer services;
(10) The amount of public subsidies, including tax increment financing; and
(11) Public water utility, sewage disposal, and solid waste disposal capacity.
89.502. 1. The municipal reviewing authority shall provide the public with an adequate opportunity to be heard before the approval of a permit for a large-scale retail development. Notice of the public hearing on the land use permit application shall state that the comprehensive economic impact study will be presented at the hearing and that the municipal reviewing authority will take testimony on the comprehensive impact of the proposed large-scale retail development. The notice shall also include the name of any potential retailer, a map of the development location, and a map of the comprehensive economic impact area. The municipality shall also provide notice by regular mail to municipal officers of abutting municipalities and to all property owners within one thousand feet of the proposed development. If the applicant for a large-scale retail development is not the potential retailer, the applicant shall disclose in its application and at the public hearing the name of the potential retailer, including its commonly used retail name.
2. The municipal reviewing authority shall evaluate the impacts of the proposed large-scale retail development based on the comprehensive economic impact study, other materials submitted to the municipal reviewing authority by any person, including the applicant, state agencies, nonprofit organizations, and members of the public, and testimony received during the public hearing to issue a finding of undue adverse impact or no undue adverse impact. The municipal reviewing authority may issue a land use permit for a large-scale retail development only if it determines that there is likely to be no undue adverse impact.
89.503. 1. Nothing in sections 89.500 to 89.503 shall be construed to prohibit a municipality from adopting an order or ordinance to authorize additional studies and criteria regarding the effects of a proposed large-scale retail development.
2. The requirements of sections 89.500 to 89.503 are in addition to all other required federal, state, and local land use permit processes that pertain to a proposed large-scale retail development.
3. The provisions of sections 89.500 to 89.503 granting persons, municipalities, the state, and other entities the opportunity to provide input on a municipal land use permit or approval shall not be construed to authorize persons or entities who would not have an interest in or otherwise have standing, absent the provisions of sections 89.500 to 89.503, to appeal a municipal action on the permit or approval.
4. The provisions of sections 89.500 to 89.503 shall not apply to a municipality that has adopted economic and community impact review criteria that apply to large-scale retail development land use permit applications and that require a study of the comprehensive economic and community impacts of the proposed large-scale retail development for consideration, among other evidence, in applying the review criteria to the application.
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