Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 3, 2026

CASE NO.: OLT-24-000723

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Bovaird West Holdings Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of the Subject Lands from the existing vacant land to high-density mixed-use development

Reference Number: OZS-2023-0039

Property Address: Part of Block 2 on Plan 43M-1927, being Parts 1, 2, 3, 4, 5, 8, and 11 on Plan 43R-40331

Municipality/UT: Brampton/Peel

OLT Case No.: OLT-24-000723

OLT Lead Case No.: OLT-24-000723

OLT Case Name: Bovaird West Holdings Inc. v. Brampton (City)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Bovaird West Holdings Inc.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit the development of the Subject Lands from the existing vacant land to high-density mixed-use development

Reference Number: OZS-2023-0039

Property Address: Part of Block 2 on Plan 43M-1927, being Parts 1, 2, 3, 4, 5, 8, and 11 on Plan 43R-40331

Municipality/UT: Brampton/Peel

OLT Case No.: OLT-24-000724

OLT Lead Case No.: OLT-24-000723

OLT Case Name: Bovaird West Holdings Inc. v. Brampton (City)

BEFORE:

KURTIS SMITH MEMBER Tuesday, the 3rd day of March, 2026

THESE MATTERS having gone before the Ontario Land Tribunal (the “Tribunal”) for an uncontested settlement hearing on November 21, 2025, and written decision issued on December 3, 2025 (the “decision”) having allowed, in part, the appeals of the Zoning By-law Amendment Application and the Draft Plan of Subdivision Approval;

AND THE TRIBUNAL having withheld its Final Order with respect to the Zoning By-law Amendment and Draft Plan of Subdivision Approval until the conditions, as set out in paragraph 13 of the Decision, are satisfied;

AND THE TRIBUNAL having now been advised that the draft Zoning By-law Amendment has been finalized and the conditions for the release of the Tribunal’s Final Order on the Zoning By-law Amendment have been satisfied;

THE TRIBUNAL ORDERS that:

1. The final form of the Zoning By-law Amendment to the City of Brampton Zoning By-law 270-2004, as amended, attached hereto as “Attachment 1” is approved.

2. The Tribunal’s Final Order on the appeal of the Draft Plan of Subdivision Approval application continues to be withheld until the Applicant and the City provide confirmation to the Tribunal that the conditions to the Draft Plan of Subdivision Approval are satisfactory to the Applicant and the City, with such confirmation to be provided to the Tribunal by Tuesday, March 31, 2026.

3. If the Final Order in respect of the appeal of the Draft Plan of Subdivision Approval application is not requested by Tuesday, March 31, 2026, the Applicant and the City shall provide a written status report to the Tribunal by that date as to the timing of the expected confirmation of the same and the requested issuance of that Final Order by the Tribunal.

THE TRIBUNAL may be spoken to in the event that the Parties have any difficulty in implementing this Decision and Order.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN REGISTRAR

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

ATTACHMENT 1

THE CORPORATION OF THE CITY OF BRAMPTON

BY-LAW

Number - 2026

To amend By-law 270-2004, as amended

From: COMMERCIAL THREE – SECTION 3526 (C3-3526)

To: RESIDENTIAL APARTMENT A – SECTION 3864 (R4A – 3864) RESIDENTIAL APARTMENT A – SECTION 3865 (R4A – 3865)

(1) By adding thereto the following sections:

“3864 The lands designated Residential Apartment A Section — 3864 (R4A — 3864).

3864.1 Shall only be used for the following purposes:

(a) Residential

1. Uses permitted by the Residential Apartment A (R4A) Zone
2. Ground Floor Townhouse Dwelling Unit
3. Podium-Level Townhouse Dwelling Unit

(b) Institutional Uses

1. Retirement Home
2. Nursing Home

(c) The following Non – Residential uses shall be permitted only in conjunction with an apartment dwelling located within the podium:

1. a retail establishment having no outside storage
2. a supermarket
3. a convenience store, and/or grocery store
4. an art gallery
5. an artist and photography studio
6. a custom workshop
7. a service shop
8. a personal service shop
9. a bank, trust company, or finance company
10. an office
11. a dry cleaning and laundry distribution station
12. a laundromat
13. a parking lot
14. a dining room restaurant, a take-out restaurant, convenience restaurant
15. printing or copying establishment
16. a commercial school
17. a garden centre sales establishment
18. an amusement arcade
19. a temporary open air market
20. a place of commercial recreation but not including a billiard hall
21. a community club
22. a health or fitness centre
23. a tavern
24. a taxi or bus station
25. a swimming pool sales and service establishment
26. an animal hospital
27. a banquet hall
28. a hotel or motel
29. a day nursery
30. a garden centre
31. purposes accessory to the other permitted uses

3864.2 Shall be subject to the following requirements and restrictions:

1. For the purposes of this section, the lot line along Bovaird Drive West shall be deemed to be the front lot line and the lot line along Lagerfeld Drive shall be deemed the rear lot line.

2. Minimum Front Yard Depth: 1.5 metres

3. Minimum Interior Side Yard Width: 1.0 metres

4. Minimum Exterior Side Yard Width: 0.0 metres

5. Minimum Rear Yard Depth: 1.5 metres

6. Minimum setback to a daylight triangle: 1.5 metres

7. Maximum Building Height: a. For any building within 66 metres of the lot line abutting Lagerfeld Drive, two towers shall be permitted having a maximum building height of 48 storeys for one tower and 42 storeys for the second tower. Towers may be situated on either a shared or separate podium b. For buildings within 94 metres of the lot line abutting Bovaird Drive West, two towers shall be permitted having a maximum building height of 37 storeys for one tower and 30 storeys for the second tower. Tower may be situated on either a shared or separate podium c. Notwithstanding 3864.2.7a) above, the maximum building heights set out in 3864.2.7a) and 3865.2.7a) may be interchanged in any combination across both sites d. Notwithstanding 3864.2.7 b) above, the maximum building heights set out in 3864.2.7b) and 3865.2.7b) may be interchanged in any combination across both sites

8. Minimum Number of Parking Spaces: No requirement

9. Bicycle Parking shall be provided in accordance with the following: a. Minimum 0.6 spaces per apartment dwelling unit inclusive of visitor parking b. Minimum 1 space per 500 square metres of gross commercial floor area or portion thereof c. Visitor and non-residential bicycle parking may be shared d. No bicycle parking is required for a Retirement Home or Nursing Home use e. Bicycle parking must be located on the same lot as the use or building for which it is required f. A maximum of 50% of the required bicycle parking may be vertical spaces, and the rest must be horizontal spaces g. Where the number of bicycle spaces exceeds fifty spaces, a minimum of 25% of the total required spaces must be located within: i. a building or structure; ii. a secure area such as supervised parking lot or enclosure; or, iii. bicycle lockers h. where four or more bicycle parking spaces are provided in a common parking area, each space must contain a parking rack that is securely anchored to the ground and attached to a heavy base such as concrete i. The dimensions for required bicycle parking spaces shall be: i. A horizontal bicycle parking space shall have a minimum length of 1.8 metres and a minimum width of 0.6 metres ii. A vertical bicycle parking space shall have a minimum length of 1.5 metres and a minimum width of 0.5 metres

10. Minimum Tower Separation Distance: 25 metres

11. Minimum Podium Separation Distance: 15 metres

12. Maximum Tower Floorplate Area: 805 square metres

13. Continuous Street Wall: Building walls located between the minimum setback and 7.5 metre from a lot line must occupy a minimum of 60% of the available frontage along Lagerfeld Drive and along Bovaird Drive West. Phased development of the continuous street wall shall be permitted along both streets

14. Minimum Non-Residential Gross Floor Area required across both lands zoned R4A - 3864 and R4A - 3865: 1,500 square metres, which may be shared across lands zoned R4A – 3864 and R4A – 3865

15. Loading, Unloading and Waste Disposal and Storage: a. No loading spaces shall be required b. All garbage, refuse and waste containers for any use shall be located within the same building containing the use. The waste collection loading area shall be located a minimum of 6.0 metres from the main entrance

3864.3 For the purposes of R4A – 3864:

Despite any division of the lands, all lands zoned R4A – 3864 shall be treated as one lot for zoning purposes.

There are no minimum lot depth, minimum ground floor height, minimum lot width, maximum lot coverage, minimum landscaped open space, maximum floor space index, or minimum lot area requirements.

Ground Floor Townhouse Dwelling Unit shall mean a ground floor dwelling unit that is attached to an apartment building or mixed-use building and which is entered through an independent or common entrance through the exterior wall of the apartment building or mixed-use building.

Podium-Level Townhouse Dwelling Unit shall mean a dwelling unit that is attached to an apartment dwelling, mixed-use building, or a permitted above-grade parking structure, and is entered through an independent entrance.

Podium shall mean any of various building elements that form the base or bottom storeys of a building, distinguished from and upon which upper storeys of the building rest.

Tower shall mean the portion of the building located above a podium with a Floor Plate area of 805 square metres or less.

Floor Plate Area shall mean the total gross floor area of an individual storey of the building measured from exterior walls, excluding exterior balconies and terraces.

“3865 The lands designated Residential Apartment A – Section — 3865 (R4A — 3865).

3865.1 Shall only be used for the following purposes:

(a) Residential

1. Uses permitted by the Residential Apartment A (R4A) Zone
2. Ground Floor Townhouse Dwelling Unit
3. Podium-Level Townhouse Dwelling Unit

(b) Institutional Uses

1. Retirement Home
2. Nursing Home

(c) The following Non – Residential uses shall be permitted only in conjunction with an apartment dwelling located within the podium:

1. a retail establishment having no outside storage
2. a supermarket
3. a convenience store, and/or grocery store
4. an art gallery
5. an artist and photography studio
6. a custom workshop
7. a service shop
8. a personal service shop
9. a bank, trust company, or finance company
10. an office
11. a dry cleaning and laundry distribution station
12. a laundromat
13. a parking lot
14. a dining room restaurant, a take-out restaurant, convenience restaurant
15. printing or copying establishment
16. a commercial school
17. a garden centre sales establishment
18. an amusement arcade
19. a temporary open air market
20. a place of commercial recreation but not including a billiard hall
21. a community club
22. a health or fitness centre
23. a tavern
24. a taxi or bus station
25. a swimming pool sales and service establishment
26. an animal hospital
27. a banquet hall
28. a hotel or motel
29. a day nursery
30. a garden centre
31. purposes accessory to the other permitted uses

3865.2 Shall be subject to the following requirements and restrictions:

1. For the purposes of this section, the lot line along Bovaird Drive West shall be deemed to be the front lot line and the lot line along a Lagerfeld Drive shall be deemed the rear lot line.

2. Minimum Front Yard Depth: 1.5 metres

3. Minimum Interior Side Yard Width: 1.0 Metres

4. Minimum Exterior Side Yard Width: 0.0 metres

5. Minimum Rear Yard Depth: 1.5 Metres

6. Minimum setback to a daylight triangle: 1.5 metres

7. Maximum Building Height: a. For any building within 61 meters of the lot line abutting Lagerfeld Drive, two towers shall be permitted having a maximum building height of 43 storeys for one tower and 40 storeys for the second tower. Towers may be situated on either a shared or separate podium; b. For any building within 69 metres of Bovaird Drive West, one tower shall be permitted having a maximum building height of 35 storeys. Towers may be situated on either a shared or separate podium c. Notwithstanding 3865.2.7a) above, the maximum building heights set out in 3864.2.7a) and 3865.2.7a) may be interchanged in any combination across both sites d. Notwithstanding 3865.2.7 b) above, the maximum building heights set out in 3864.2.7b) and 3865.2.7 b) may be interchanged in any combination across both sites

8. Minimum Number of Parking Spaces: No requirement

9. Bicycle Parking shall be provided in accordance with the following: a. Minimum 0.6 spaces per apartment dwelling unit inclusive of visitor parking b. Minimum 1 space per 500 square metres of gross commercial floor area or portion thereof c. Visitor and non-residential bicycle parking may be shared d. No bicycle parking is required for a Retirement Home and Nursing Home e. Bicycle parking must be located on the same lot as the use or building for which it is required f. A maximum of 50% of the required bicycle parking may be vertical spaces, and the rest must be horizontal spaces. g. Where the number of bicycle spaces exceeds fifty spaces, a minimum of 25% of the total required spaces must be located within: i. a building or structure; ii. a secure area such as supervised parking lot or enclosure; or, iii. bicycle lockers h. where four or more bicycle parking spaces are provided in a common parking area, each space must contain a parking rack that is securely anchored to the ground and attached to a heavy base such as concrete i. The dimensions for required bicycle parking spaces shall be: i. A horizontal bicycle parking space shall have a minimum length of 1.8 metres and a minimum width of 0.6 metres ii. A vertical bicycle parking space shall have a minimum length of 1.5 metres and a minimum width of 0.5 metres

10. Minimum Tower Separation Distance: 25 metres

11. Minimum Podium Separation Distance: 12 metres

12. Maximum Tower Floorplate Area: 805 square metres

13. Continuous Street Wall: Building walls located between the minimum setback and 7.5 metre from a lot line must occupy a minimum of 60% of the available frontage along Lagerfeld Drive and along Bovaird Drive West. Phased development of the continuous street wall shall be permitted along both streets

14. Minimum Non-Residential Gross Floor Area required across both lands zoned R4A - 3864 and R4A - 3865: 1,500 square metres, which may be shared across lands zoned R4A – 3864 and R4A – 3865

15. Loading, Unloading and Waste Disposal and Storage: a. No loading spaces shall be required b. All garbage, refuse and waste containers for any use shall be located within the same building containing the use. The waste collection loading area shall be located a minimum of 6.0 metres from the main entrance

3865.3 For the purposes of R4A - 3865:

Despite any division of the lands, all lands zoned R4A – 3865 shall be treated as one lot for zoning purposes.

There are no minimum lot depth, minimum ground floor height, minimum lot width, maximum lot coverage, minimum landscaped open space, maximum floor space index, or minimum lot area requirements.

Ground Floor Townhouse Dwelling Unit shall mean a ground floor dwelling unit that is attached to an apartment building or mixed-use building which is entered through an independent or common entrance through the exterior wall of the apartment building or mixed-use building.

Podium-Level Townhouse Dwelling Unit shall mean a dwelling unit that is attached to an apartment dwelling, mixed-use building, or a permitted above-grade parking structure, and is entered through an independent entrance.

Podium shall mean any of various building elements that form the base or bottom storeys of a building, distinguished from and upon which upper storeys of the building rest.

Tower shall mean the portion of the building located above a podium with a Floor Plate area of 805 square metres or less.

Floor Plate Area shall the total gross floor area of an individual storey of the building measured from exterior walls., excluding exterior balconies and terraces.

By-law Number - 2026 ENACTED and PASSED this [enter date] day of [enter month], 2026.

Patrick Brown, Mayor

Genevieve Scharback, City Clerk