First Avenue, the developer of 599 Kingston Road West in Ajax, has struck a conciliatory note in a statement regarding the court verdict allowing demolition of the above-ground structures.
The statement to Durham Post from Woodbridge-based developer, did not mention if the Ontario Superior Court of Justice decision delivered on September 18, would be appealed.
“First Avenue is disappointed by the court’s decision, particularly given the court’s recognition of the substantial resources that First Avenue, working in conjunction with the Ministry of the Environment, has already expended on significant environmental work at 599 Kingston Road West,” said the statement.
Soil Pollution
The site of the former automotive sales and repair facility was bought in 2015. It required soil remediation. Since then the developer has spent considerable time and money seeking town and ministry permissions as well as on site preparations, below-ground work and erecting the first floor above ground.
Following the Site Plan Agreement (SPA) on July 26, 2021, First Avenue paid a performance guarantee of $353,685, and $109,700 as ‘cash in lieu of parkland’ fees to the Town of Ajax. It has since hired consultants to pursue various permissions, but did not acquire a building permit for the above-ground structures, resulting in the court verdict.
Looks Forward to Working With Ajax
It appears the developer now wants to move on.
“First Avenue remains committed to developing much-needed attainable housing for Ajax at the property and looks forward to working with the town to realize on that commitment,” its statement said.
The development – FiveNineNine – was proposed to be an four-storey apartment building of 60 open‐concept suites located above street level retail, according to court records and the developer’s website.
Unfinished Since November 2021
Since November 2021, the partially constructed building – an entire ground floor – has sat unfinished. The property remains an active construction site. There are fences erected around the building’s perimeter to prevent ingress by the public, but the structure sits exposed to the elements.
In a statement, the Town of Ajax, said it will continue to monitor the matter – including any possible appeal – in consultation with its legal counsel, and remains committed to ensuring that all development within its boundaries adheres to applicable laws and standards.