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Proposed Development:
First Avenue Properties Inc. (First Avenue) has proposed the development of a 5,152 m2 (55,459 ft2) 4-storey residential mixed-use building consisting of 7 ground-level commercial/retail units, 60 residential rental apartment units on the upper 3-storeys, and 74 surface parking spaces on lands located at the southeast corner of Kingston Road West and Church Street South, municipally known as 599 Kingston Road West.
Summary of Activity on the Site:
July 2016, First Avenue filed a site plan application for the proposed development at 599 Kingston Road West.
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 Environmental Protection Act and the Building Code require that a RSC be filed with the MECP before a change in land use from industrial or commercial to a more sensitive residential use takes place. A RSC accepted by the MECP ensures that a site has been remediated to provincial standards and is deemed safe for residential use.
July 2021, the site plan application was approved and 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.
October 2021, the Town observed that above-grade construction of a superstructure was happening on the site, which is beyond the scope of the approved conditional foundation permit.
October 2021, The Town issued First Avenue an Order to Comply and a Stop Work Order for construction on the site that was being carried out beyond the scope of the approved conditional foundation building permit that was issued in July 2021. First Avenue did not comply with the Order to Comply and Stop Work Order.
November 2021, the Town obtained an Ontario Superior Court of Justice injunction to prohibit further construction. First Avenue ceased further construction.
January 2022, First Avenue submitted a RSC to the MECP.
In 2022 the MECP, the Town and First Avenue were in communication regarding deficiencies in the RSC.
January 2023, the MECP issued a Provincial Officer’s Order (Order Number 1-107338155) to First Avenue requiring various environmental plans/reports and works to be carried out on site. For information on the Provincial Officer’s Order contact York-Durham MECP District Office via phone at 1-800-376-4547 and 905-427-5600, or via email at Environment.YorkDurham@ontario.ca
First Avenue has undertaken work to address the Provincial Officer’s Order.
January 2024, the Ministry of the Environment, Conservation and Parks (MECP) advised the Town that First Avenue submitted a Risk Assessment (RA) pre-submission application to MECP. This is a preliminary step that generally outlines the approach being proposed for a RA. .
March 2024, MECP provided First Avenue their review comments on the RA pre-submission application.
The Town continues to address ongoing concerns with First Avenue regarding contamination on the site to ensure that all the environmental impacts and contaminants are mitigated or removed through a full remediation of the site.
Proposed Development:
First Avenue Properties Inc. (First Avenue) has proposed the development of a 5,152 m2 (55,459 ft2) 4-storey residential mixed-use building consisting of 7 ground-level commercial/retail units, 60 residential rental apartment units on the upper 3-storeys, and 74 surface parking spaces on lands located at the southeast corner of Kingston Road West and Church Street South, municipally known as 599 Kingston Road West.
Summary of Activity on the Site:
July 2016, First Avenue filed a site plan application for the proposed development at 599 Kingston Road West.
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 Environmental Protection Act and the Building Code require that a RSC be filed with the MECP before a change in land use from industrial or commercial to a more sensitive residential use takes place. A RSC accepted by the MECP ensures that a site has been remediated to provincial standards and is deemed safe for residential use.
July 2021, the site plan application was approved and 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.
October 2021, the Town observed that above-grade construction of a superstructure was happening on the site, which is beyond the scope of the approved conditional foundation permit.
October 2021, The Town issued First Avenue an Order to Comply and a Stop Work Order for construction on the site that was being carried out beyond the scope of the approved conditional foundation building permit that was issued in July 2021. First Avenue did not comply with the Order to Comply and Stop Work Order.
November 2021, the Town obtained an Ontario Superior Court of Justice injunction to prohibit further construction. First Avenue ceased further construction.
January 2022, First Avenue submitted a RSC to the MECP.
In 2022 the MECP, the Town and First Avenue were in communication regarding deficiencies in the RSC.
January 2023, the MECP issued a Provincial Officer’s Order (Order Number 1-107338155) to First Avenue requiring various environmental plans/reports and works to be carried out on site. For information on the Provincial Officer’s Order contact York-Durham MECP District Office via phone at 1-800-376-4547 and 905-427-5600, or via email at Environment.YorkDurham@ontario.ca
First Avenue has undertaken work to address the Provincial Officer’s Order.
January 2024, the Ministry of the Environment, Conservation and Parks (MECP) advised the Town that First Avenue submitted a Risk Assessment (RA) pre-submission application to MECP. This is a preliminary step that generally outlines the approach being proposed for a RA. .
March 2024, MECP provided First Avenue their review comments on the RA pre-submission application.
The Town continues to address ongoing concerns with First Avenue regarding contamination on the site to ensure that all the environmental impacts and contaminants are mitigated or removed through a full remediation of the site.
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