Frequently Asked Questions
When will the demolition take place?
The demolition order provides a 60-day period for First Avenue to complete the demolition. If they do not, the Town has the authority to proceed.
Who is paying for the associated legal costs?
The Town was awarded costs for both proceedings: $115,000 for the application phase, and $30,000 for the appeal.
What will happen to the property?
First Avenue continues to own the property. Nothing about the Town’s application or the Divisional Court’s decision changed the ownership of the property. The current site plan approval remains in effect. If they decide to move forward with the project as approved, they can do so provided they complete the required steps, such as the environmental work and any other conditions tied to the approval. They also have the option to reopen the process if they want to make changes to the development. Alternatively, they could sell the property to another developer. If a new developer acquires the site, the existing site plan approval would generally remain in place, unless the new owner chooses to reopen the process to modify the development.
What was the proposed development for the site?
First Avenue has proposed the development of a four-storey residential mixed-use building consisting of seven ground-level commercial/retail units, 60 residential rental apartment units on the upper three-storeys, and 74 surface parking spaces.
Why did the Town seek a demolition order?
599 Kingston Road West was previously the site of an automotive repair facility and as such there is a need for soil remediation and a Record of Site Condition (RSC) to be filed with the Ministry of Environment, Conservation and Parks (MECP) for residential mixed-use development to occur on the site. The Town issued a site servicing permit and conditional foundation building permit to accommodate some development works while the contaminated soil was being removed as part of the site remediation works required to submit a RSC to the MECP, however, the Town observed that above-grade construction of a superstructure was happening on the site, which was beyond the scope of the approved conditional foundation permit. More information on this is available in the timeline of events on this page.
Can First Avenue do another appeal?
While a further appeal to the Court of Appeal is possible, there are restrictions and the Town is optimistic that the recent decision will complete the legal proceedings.