Raise the Hammer

Auto-oriented commercial uses such as gas stations, auto repair garages, other drive-through services including but not limited to drive-through restaurants, or other uses normally classified as highway commercial will not be permitted in the following areas:
I) Properties that front or flank along James Street North, including the proposed James Street Pier;

II) Properties designated “Prime Retail Streets” on Barton Street and Pier 8;

III) The southwest corner of MacNab Street North and Stuart Street (land designated “Local Commercial”);
IV) The southwest corner of Bay and Barton Streets (land designated “Local Commercial”); and,
V) The southeast corner of Barton and Oxford Streets (land designated “Local Commercial”).
A.6.3.3.1.26 Further to policies in A.6.3.3.1.19 and A.6.3.3.1.25, this policy will clarify that no auto-oriented commercial uses such as gas stations, auto repair garages, other drive-through services, including but not limited to, drive-through restaurants or other uses normally classified as highway commercial, shall be permitted in

the area bounded by Wellington Street North on the east, Strachan Street East and West on the south and Hamilton Harbour on the west and north.”

Therefore, as the subject lands do not fall within the areas prohibited from containing “Drive-Through Facilities”, the application complies with the land use policies of the Setting Sail Secondary Plan for the West Harbour, as modified by the OMB.

As far as I can understand the Setting Sail Secondary Plan, they can build a drive thru at this location if only because they're just outside the Planning area and are not on a designated "Prime Retail Street".

I know you're upset but they seem to be following the planning rules as they were agreed to by all parties involved.