Jurisdictional dispute delays Beach Strip planning.

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Feb 15, 2004
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The Beach Strip
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Posted with permission from the Hamilton Spectator.
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The Hamilton Spectator
Friday, May 15/1970


A dispute over control of Hamilton's harbor has delayed action on a planning report on future use of the Beach Strip.
The Hamilton Harbor Commission claims it has exclusive rights over development of the harbor through a 1912 act setting up the three-man body.
But Hamilton planners have challenged this right recently by preparing plans that designate future land uses in the Beach Strip and north end.
The jurisdictional dispute was scheduled to be aired at a special meeting between the harbor commissioners and board of control this week. The meeting was cancelled because of the Civic Square negotiations.
Last night, planning board agreed to delay a decision on the proposed official plan for the Beach Strip, until the question of jurisdiction is discussed.
Planning commissioner Robert Bailey said another meeting is planned between the board and commissioners Wednesday.
The revised Beach Strip plan was shown to planning board April 30..
City Solicitor Ken Rouff told that meeting he felt the harbor commissioners' jurisdiction related only to navigation and shipping, not to land use planning.
He challenged the harbor commissioners' claims by contending the jurisdiction of the Beach Strip, vested in the Burlington Beach Commissioners in 1967, was transferred to the city when it annexed the area in 1967.
He said this jurisdiction to regulate land use covers the whole Beach Strip area, plus the waters out to a limit of 500 feet from the high water mark.
After Mr. Rouff's comments, planning board chairman John Millar said he felt the jurisdiction question should be resolved by some higher body.
IF THE CITY and harbor commissioners cannot agree, the issue appears headed to the Ontario Municipal Board. The official plan, the first to be prepared for the Beach Strip since annexation by the city, establishes three main land use areas.
The most interesting is the "transportation" designation for the property along the west or harbor side of the Beach Strip, west of the Skyway Bridge.
A transportation use is defined as "lands . . . used for transportation corridors, terminals, freight and passenger handling facilities and related storage, warehousing and parking areas."
The plan also states these areas ''shall not include open air bulk storage or coal, minerals and or other materials except in such small quantities shown to be unobjectionable to adjacent land use, because they are free from emissions of dust, odor and fumes."
A residential strip is shown through the centre of the Beach Strip, with recreation or park uses along the east or lake side, as well as along the canal.
 
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