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HomeMy WebLinkAboutKIN 91 073 Comercial Area Study THE CORPORATION OF THE TOWN OF KINCARDINE . BY-LAW BY-LAW NO. 1991-73 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF BRUCE TO UNDERTAKE THE KINCARDINE COMMERCIAL AREA STUDY. WHEREAS the Commercial/Industrial committee of The Corporation of the Town of Kincardine has requested the Bruce county Planning and Economic Development Department to undertake a Commercial Area study in the Town of Kincardine; AND WHEREAS the councils for The Corporation of the Town of Kincardine and The Corporation of the County of Bruce agree that this study be undertaken; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That The Corporation of the Town of Kincardine enter into an agreement with The corporation of the county of Bruce to undertake a Commercial Area study in the Town of Kincardine. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with The corporation of the County of Bruce which is attached to this by-law and to affix the Town's Corporate seal as and when required. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Commercial Area study Agreement By-law". READ a FIRST and SECOND time this 19th day of September, 1991. READ a THIRD time and FINALLY PASSED this 3rd day of october, 1991. . Jh/lLAJ d Q 9tJUlI71 Mayor ~!- ~ ' . . . I {--:.' " " AGREEMENT BETWEEN CLIENT & CONSULTANT THIS AGREEMENT MADE THIS lOth DAY OF September ,1991, BETWEEN: COUNTY OF BRUCE hereinafter called the "Consultant" OF THE FIRST PART AND TOWN OF KINCARDINE INDUSTRIAL & COMMERCIAL COMMITTEE hereinafter called the "Client" OF THE SECOND PART WHEREAS the Client intends to conduct a Kincardine Commercial Area Study to develop a municipal strategy to create a favourable commercial environment in which existing commercial uses can continue to operate and expand and new commercial uses can establish. WHEREAS the Consultant is retained to provide the services as outlined below in order to complete the Kincardine Commercial Area Study. NOW THEREFORE IN CONSIDERATION of the mutual covenants hereinafter contained the parties hereto do covenant and agree each with the other as follows: SECTION 1 - DEFINITIONS In this Agreement: 1.1 "Consultant" means the Corporation of the County of Bruce as represented by the Planning and Economic Development Department. 1.2 "Client" means the Corporation of the Town of Kincardine as represented by Kincardine Industrial and Commercial Committee. 1.3 "Kincardine Commercial Area Study" means the document call the Kincardine Commercial Area Study, 1991 (including maps). ,> , ' . . . I h, ',¿ " SECTION 2 - THE CONSULTANT'S SERVICES 2.1 General Services The Consultant agrees to furnish and perform professional services in the preparation of the Kincardine Commercial Area Study as set out in Schedule "A" entitled "Kincardine Commercial Area Study: Terms of Reference". Said Schedule "A" is attached hereto and forms part of this Agreement. The Consultant shall perform these services for an amount not exceeding $9,153 which includes fees calculated in accordance with this agreement. The Consultant shall carry out the work in accordance with the proposal Schedule "A". 2.2 Specific Services Without limiting the generality of the foregoing, the Consultant agrees to perform the following services: (a) Performance The Consultant shall exercise reasonable care, skill and diligence in performing the services set out herein. (b) Confidentiality The Consultant shall keep strictly confidential any personal or confidential information communicated to or acquired by the Consultant during the course of completing the Study. (c) Return of Documents The Consultant shall, upon completion of the work, return all documents and materials provided by the client as well as documents generated on behalf of the client over the course of the Study. 2.3 Errors and Omissions The Consultant agrees that any corrections of errors and omissions required by the Client during the approval process, will be provided at no additional cost to the client, during a period of three months after the Final Report has been submitted to the client, provided that the required changes relate directly to the work program as described in attached Schedule "A". SECTION 3 - THE CLIENT'S RESPONSIBILITY 3.1 Access to Municipal OocURents and Statistics The Client shall make available to the Consultant any municipal documents that will assist in the preparation of the Study and that are available to and under the control of the Client such as past studies, mailing lists and Assessment data. "... ' . . I " 3.2 Client's Decisions The Client shall give due and reasonably expeditious consideration to all matters arising in the course of the performance of the services that requi re the di rect ion or a decision by the Cl ient in order that the Consultant will not be unreasonably delayed in performing the services provided for herein. 3.3 Use of Space The Client shall make available to the Consultant work space and usè of a telephone, for local calls relating to the preparation of the Study during visits to the Town of Kincardine. 3.3 Approval Process The Kincardine Industrial & Commercial Committee shall be responsible for submitting the Final Report to the Mayor and Town Council for their consideration. SECTION 4 - FEES AND DISBURSEMENTS 4.1 Fees The Client covenants with the Consultant that the Consultant having in all respects complied with the provisions of this Contract, will be paid for and in respect of the works a sum not exceeding $9,153 dollars as follows: (a) Payment in full upon submission of an invoice outlining professional fees and expenses up to a cumulative amount not exceeding $9,153 upon the submission of the Final Report entitled "Kincardine Commercial Study, 1991" to the Kincardine Industrial & Commercial Committee. 4.2 Accounting Billings will be submitted in accordance with the fee schedule outlined in Section 4.1. Payment to the Consultant will be made within thirty days of receipt by the Client. 4.3 Additional services If during the term of the Consultant's obligations as described in Section 2 hereof, the client makes a decision for which its proper execution involves additional services or expenses not normally incurred in providing the services set out in Section 2 hereof, the Consultant will immediately advise the Client in writing that such extra services will be necessary. The additional fee for the provision of the extra services shall be approved by the Client prior to proceeding with the additional services. " . . . I " SECTION 5 - GENERAL CONDITIONS 5.1 Right of Use The Study material and report shall be performed and completed for the sole benefit of the Client which shall have the exclusive right to utilize and reproduce the material therein as the Client may see fit. The Client shall, however, acknowledge the Consultant's authorship of any material contained in the Study which the Client may reproduce in either original or abbreviated form in any pUblication which it may issue or cause to be issued. 5.1.1 Copyright of Project Reports, etc. No report, document, or other data produced in whole or in part with project funds shall be copyrighted by the Consultant; neither shall any notice or copyright be registered by the Consultant in connection with any report, document, or other data developed by him for the project. The Client reserves all rights for copyright of all reports, documents ad other material developed for the project. 5.1.2 Consultant Use of Report, etc. Notwithstanding Section 5.1.1, the Consultant may request approval of the client to use specific documents used in the preparation of the report for internal County purposes and to assist other municipalities within the boundaries of the County of Bruce. 5.2 Adherence to Time Schedules The services of the Consultant are to commence as soon as practicable after execution of this Agreement. The Consultant shall carry out the work with the utmost dispatch and subject to delays beyond its control, shall complete the work in accordance with SChedule "A" or any sUbsequent revision that may be requi red. 5.3 Dismissal Clause In the event that the work performed by the Consultant is unsatisfactory to the Client, this agreement may be terminated by the Client upon notice to the Consultant and payment will be made to the Consultant for work performed to that date. 5.4 Upset Lillit The upset limit for carrying out this project as specified in Schedule "A" is $9,153. No funds above that limit are to be paid for work carried out by the Consultant unless prior written approval is given by the Client. 0, " .... . . I . 5.5 Notices All notices, requests and other communications required in writing in this Agreement shall be deemed to have been duly given at the time of delivery or two days after the day of mailing if mailed by first class mail postage prepaid and addressed. 5.6 Non-Assignllent Clause The Consultant will not assign this Agreement or any part of it without first obtaining the prior written approval of the Client, which approval may be withheld by the Client in its sole discretion, or given subject to such terms and conditions as the Client may impose. 5.8 Personnel The Consultant shall assign the following personnel : M. Forbes Symon, Gordon Hough, Allen Herron to perform the work referred to in this Agreement. TO THE CLIENT AT: TOWN OF KINCARDINE 707 QUEEN STREET KINCARDINE, ONTARIO N2Z 1Z9 TO THE CONSULTANT AT: COUNTY OF BRUCE C/O PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT 515 GODERICH STREET PORT ELGIN, ONTARIO NOH 2TO IN WITNESS WHEREOF THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. MAYOR - . - ..~ ~ ,:....... " ..'--'. , , .: ~~-- " ~ ','- . \-.- ~ ~. '-' ..:.. f~~~:~··~:~¡;X~·2;;;·-.~_ - ~- ª5:- --.'.: :. -?: -.-v_·:.~: :"'__'o.~ : ~ _~ - ---- ~~,':Ç;: -:... ".:;_·w. - - - ..:..... ... .......... ., :w~.......___.. ..........:. ." J .'- 0- ...#~ .I~:~~~.:: .~~~.:, ,.,- '. . . I '. I. II. PART "A" June 5, 1991 KINCARDINE COMMERCIAL AREA STUDY TERMS OF REFERENCE PURPOSE As the Municipality of the Town of Kincardine has little or no influence over the economic and market forces that create or eliminate business opportunities. The Town's role in commercial activity or development lies in the allocation of land and in the provision of services for existing or prospective commercial uses. The allocation of land and the provision of services enables entrepreneurs to establish successful commercial enterprises in the Town. FOllowing this premise, the purpose of this Commercial Area Study is to develop a municipal strategy to create a favourable commercial environment in which existing commercial uses can continue to operate and expand; and, new commercial uses can establish. SCOPE The Commercial Area Study will examine the entire Town of Kincardine and focus on those areas designated 'General Commercial', 'Highway Commercial' and 'Resort Commercial' in the Kincardine Official Plan. In this Study, priority will be given to the 'General Commercial' area or the downtown commercial area.' The Study will also examine selected municipally provided services, such as municipal parking and parkland. III. STUDY OUTLINE T~e Commercial Area Study will be comprised of three principal components. These three components and the principal element.s of each component are as follows: i) Parking StudY The intent of the Parking Study is to review the existing condition of parking in the downtown and to anticipate future parking needs as part of a comprehensive commercial strategy for the downtown. -. . . I '. . SCHEDULE "A" TERMS OF REFERENCE " . . I " ii) -2- The Parking Study component of the Commercial Area Study will include the following elements: a) inventory of existing parking downtown by location. number and private, on-street v. off-street, short term) spaces in the type (public v. and long term v. b) an assessment of the demand for park i ng in the downtown c) identify parking deficiencies by location and type and number of parking spaces d) project future parking needs for the downtown and alternative methods to meet this need. Commercial Areas Review The objective of this component of the Commercial Area Study is to prov i de an assessment of the di fferent commercial areas within the Town, identify the relationship between these areas and to provide the basis for development of a comprehensive commercial strategy which will guide the allocation of commercial lands and the provision of services to commercial areas in the future. Us i ng 1 and use data co 11 ected th rough the Commun i ty Future - Community Impact Analysis, the Commercial Areas Review component of the Commercial Area Study will include the fOllowing elements: a) identify current role, function and linkage between areas currently designated 'General Commercial', 'Highway Commercial' and 'Resort Commercial' b) identify future commercial trends with respect to retailing, function of different commercial areas, design of commercial buildings, etc. c) an assessment of the health of the different commercial areas within the Town. , . . , iii) Survey of Commercial Businesses The intent . of the Comme rc i a 1 Bus i nesses Su rvey is to compliment the 1988 BIA Business Assessment Summary and collect data on the commercial trends in the Town and on parking needs in the downtown commercial area. The Commercial Business Survey will give consideration to including variables which will collect data to address the following matters: a) deficiencies within the commercial area of the Town e.g. municipal services, such as parking or greenspace, promotion or image of the commercial area b) initiatives the business community can undertake to improve commercial activity in the Town c) initiatives the Town can take to improve commercial activity in the Town d) future commercial trends e.g. retailing/ merchandising, store design, function of the downtown commercial area, highway commercial areas or resort commercial areas e) identify role of downtown merchants and Town in providing parking in the downtown commercial area. The Commercial Businesses Survey will include all commercial establishments in the Town. IV. SUMMARY AND RECOMMENDATIONS Recommendations resulting from the Commercial Area Study will address the following: a) suggest the Town role with respect to the provisions of municipal parking in the downtown commercial area and prepare a long term plan consistent with this role b) prepare a long term, comprehensive commercial strategy addressing the following matters: i) the future role, function and linkage of the different commercial areas of the Town ii) areas and buildings that have potential for redevelopment '. -. . . , -4- iii) role of heritage resources in the commercial development in the downtown iv) identification of lands for future commercial uses v) role of home occupation in commercial strategy c) identify inconsistencies between suggested commercial strategy with existing Official Plan, Zoning By-Law, Cash-in-l ieu, impost fees or other municipal By-Laws which will have an impact on the Commercial landscape. ~ '. . , , ~ ANALYSIS PLAN divide commercial area into a number of sub-areas based on natural boundaries and ensure similarities between subdivision of the caD in the parking component of the Kincardine Downtown and Harbourfront Revitalization Reoort. PARKING STUDY cross tabulate number of parking spaces by type (short, long term, public, private, on-street and off-street) and location cross tabulate demand for parking spaces by time and location tabulate number of businesses by type class and establish theoretical supply of parking as suggested in zoning by- law rationalize theoretical by-law projected demand as estab1 i shed statistics parking supply with usi ng park i ng demand . compare 1990 parking supply and demand statistics 1978 parking supply and demand statistics and changes with respect to location and demand with note infer future trends based on changes between 1990 and 1978 parking supply and demand statistics, changes to commerci a 1 make-up of the Town between 1 990 and 1 ate 1970's, anticipated future changes to commercial make-up and poss i b 1 e expans i on of commerc i a 1· 1 and area compare changes in commerc i all and use in the centra 1 business area by location and time identify areas with parking deficiencies at present and in the future and estimate amount of deficiency identify possible locations for future municipal parking lots having consideration for the following factors; existing parking lots, ingress and egress, road patterns, parking lot access to central business area, surrounding land uses, future commercial expansion. , ~~ ~ . . . , . , ITEM PARKING STUDY Preparation of Downtown Base Map Data Collection - Inventory of Parking Supply & Monitor Current Demand Data Analysis, Projection of Demand & Options to Satisfy Long Term Demand TOWN OF KINCARDINE COMMERCIAL AREA STUDY COSTS BREAKDOWN TIME (days) PERSON FEE $3168 DISBl.JæEMENT $800 ----------------------------------------------------------------- COMMERCIAL AREA REVIEW Analysis -Research of future trends & role,functions & linkage of Commercial Areas 12 Technician $1104 $200 ----------------------------------------------------------------- 6 9 Planner Student 5 1 Planner Secretary 8 1 Planner Secretary , ~. .... . . . - ... ~ , COMMERCIAL BUSINESSES SURVEY (Mailing Labels Provided) Survey Design (including pretest & 5 modifications) 1 Mail out and COding of Survey Print 300 Questionnaires Print 300 cover letters 300 envelopes & postage 300 return envelopes & postage Print 200 reminder letters 200 reminder er:¡velopes & postage Stuff Questionnaire & Code returns 8 Tabulation & Summary of Findings 3 0.5 Planner Secretary Student Planner Secretary $120 $ 15 $147 $147 $ 10 $ 98 $1624 $537 SUMMARY & RECOMMENDATIONS ----------------------------------------------------------------- Synthesis of Study 15 Components, Development of Strategy, Review 4 of Official Plan & 3 Zoning By-Law 4 Planner Deputy Director Technician Secretary $3257 $150 ----------------------------------------------------------------- w~' ;,,~ . . . . . ,. TOTALS 42 15 7.5 17 4 Planner Draftsman/Technician Secretary Student Deputy Director $9153 $1687 ~ ~ L.. "'\ .It . . \ ' [Tj1 ~,~A COUNTY OF BRUCE PLANNING AND ECONOMIC DEVElOPMENT Box 848, 30 Park Street, Walkerton, Ontario, NOG 2VO. (519) 881-1782 Box 129, 550 Berford Street, Wiarton, Ontario, NOH 2TD. (519) 534-2092 515 Goderich Street, Port Elgin, Ontario, NOH 2C4. (519) 389-4373 W.D, Scott, Director September g, 1991 PART "B" REVISIONS TO TERMS OF REFERENCE KINCARDINE COMMERCIAL AREA STUDY This letter is to document the agreed upon additions to the Terms of Reference, dated June 5, 1991, for the Town of Kincardine Commercial Area Study. The following additions are agreed upon by both parties and shall be considered as part and parcel of the Terms of Reference for the works to be completed by the Bruce County Planning & Eponomic Development Department. 1. The Study started August I, 1991 with the collection of data. A "Draft" Final Report is to be presented to the Klncardine Industrial & Commercial Committee no later than October 31, 1991, baring any unforseen delays. 2. The Town of Kincardine is responsible for the hiring of a student to assist in the collection of data for the parking component of the Study. The cost of hiring this student shall be deducted from the total cost of the Study charged to the Town, that being $9,153. 3, The South Bruce LEAD Corporation has agreed to provide a staff member to assist in the collection and entry of the data associated with the Commercial Business Survey. There is to be no deduction from the total charge to the Town for this assistance. 4. The Terms of Reference indicates in the "Cost Breakdown" a total of $1,687 disbursement costs to be incurred during this Study, These costs are to be absorbed by the County of Bruce and will not be charged to the Town. The total charge to the Town for the StudY shall not exceed $9,153.