HomeMy WebLinkAboutKIN 91 073 Comercial Area Study
THE CORPORATION OF THE TOWN OF KINCARDINE
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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.
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Mayor
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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).
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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.
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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.
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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.
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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
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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.
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SCHEDULE "A"
TERMS OF REFERENCE
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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.
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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
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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.
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~ 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
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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.
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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
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COMMERCIAL AREA REVIEW
Analysis
-Research of
future trends
& role,functions
& linkage of
Commercial Areas
12
Technician
$1104
$200
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9
Planner
Student
5
1
Planner
Secretary
8
1
Planner
Secretary
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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
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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
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TOTALS
42
15
7.5
17
4
Planner
Draftsman/Technician
Secretary
Student
Deputy Director
$9153
$1687
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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.