Bovaird West Holdings Inc. v. Brampton (City), 2026 CanLII 38568

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

April 23, 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

Thursday the 16^th

MEMBER

day of April, 2026

THESE MATTERS having come on for a settlement hearing on November 21, 2025, and the Ontario Land Tribunal (the “Tribunal”) in its Order issued on December 3, 2025 (the “Order”), having allowed the appeal of the Zoning By-law Amendment and Draft Plan of Subdivision in part, and having withheld its Final Order pending the satisfaction of certain conditions, as set out in paragraph 13 of the Decision.

AND THE TRIBUNAL in its Final Order issued on March 3, 2026 (the “ZBA Order”), having approved the Zoning By-law Amendment to the City of Brampton Zoning By-law 270-2004, as amended, and having withheld its Final Order on the appeal of the Draft Plan of Subdivision Approval application pending the satisfaction of certain conditions, as set out in paragraph 2 of the ZBA Order;

AND THE TRIBUNAL having read the Affidavit of Ozan Kemal, sworn March 31, 2026, which has been filed in support of the request for the release of the Tribunal’s Final Order on the appeal of the Draft Plan of Subdivision Approval application;

AND THE TRIBUNAL having reviewed the proposed conditions for the Draft Plan of Subdivision Approval, which, in the opinion of the Tribunal, are reasonable, having regard to the nature of the proposed development;

THE TRIBUNAL ORDERS THAT the Draft Plan of Subdivision, attached hereto as “Attachment 1”, is hereby approved, subject to the conditions of approval, attached hereto as “Attachment 2”.

AND THE TRIBUNAL ORDERS that pursuant to subsection 51(56.1) of the Planning Act, the City of Brampton shall have the authority to clear the conditions of draft plan approval and administer the final approval of the plan of subdivision for the purposes of s. 51(58) of the Act.

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

ATTACHMENT 2

SCHEDULE "A" CONDITIONS OF DRAFT APPROVAL

DRAFT APPROVAL DATE: (Day After Last Day for Filing an Appeal if No Appeal has been Filed)

APPLICANT: Oz Kemal (MHBC Planning – Bovaird West Holdings Inc.)

SUBJECT: DRAFT PLAN OF SUBDIVISION MHBC Planning – Bovaird West Holdings Inc. 21T-23009B City of Brampton OZS-2023-0039 Planner: Arjun Singh

In accordance with By-law 10-97 the Council of the City of Brampton has made a decision to authorize the draft approval of the above noted draft plan of subdivision subject to the following conditions.

• Approved Plan and Redlines

1. The final plan shall conform to the draft plan prepared by MHBC Planning, Urban Design & Landscape Architecture, dated April 30, 2025.

• Subdivision Agreement

2. Prior to registration, the owner shall enter into a Subdivision Agreement and any other agreements deemed necessary by the City of Brampton, Region or any other approval authority.

These agreements shall deal with any matter and include any term or condition which an approval authority may require, where such matters, terms, or conditions, are reasonable in the opinion of the approval authority, having regard to the nature of the development proposed for the subdivision, in accordance with s.51 of the Planning Act. These agreements may address matters including but not limited to the following:

2.1 Planning matters such as parkland/open space dedications and development, residential reserves, buffer blocks, tree preservation, trails, site development plan, utilities, architectural control, homebuyers' information map, heritage conservation and landscape plan approvals, phasing/staging of development, warning clauses and notices.

2.2 Engineering matters such as municipal services, road widening, construction and reconstruction, transit infrastructure, traffic signals, grading, fencing, well monitoring, septic systems, waste management, pressure testing/chlorination, noise mitigation and warning clauses.

2.3 Financial issues such as cash contributions, levies (development charges), land dedications or reserves, securities or letters of credit.

2.4 Details regarding all matters and requirements referenced in these conditions of draft approval may be provided by way of Comments and Conditions Memos from approval authorities, or from agencies and departments of the City and/or Region, in response to the circulation of the draft plan of subdivision. The conditions expressly identified in the Comments and Conditions Memos as referenced and/or attached to this draft approval and/or any such additional or amended Comments and Conditions Memos as may be provided to the owner in accordance with this draft approval shall be deemed to be conditions for the purposes of this draft approval. General requirements of the City's Subdivision Manual, Development Design Guidelines, Region's Design Criteria and Material Specification Manual, and Landscape Guidelines, as applicable and as amended or replaced from time to time, shall be implemented through the terms and conditions of the Subdivision Agreement.

• Fees

3. Prior to registration, all processing and administrative fees shall be paid. Such fees will be charged at prevailing rates of approved City and Regional Policies and By-laws on the day of payment.

• Zoning

4. The Zoning By-law implementing the subject plan shall be approved under Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, and be in full force and effect prior to registration of the plan.

• Easement and Land Dedication within the Plan

5. Prior to registration of the Plan, the owner shall gratuitously convey and/or dedicate any required road or highway widening, 0.3 m (1 ft.) reserves, walkways, sight triangles, radius roundings, buffer blocks other land required for municipal purposes and utility or drainage easements to the satisfaction of the City, Region, or other authority.

6. All lands which are to be conveyed to the City shall be free and clear of any and all encumbrances, unless otherwise approved by the City.

• External Easements and Land Dedications

7. Prior to registration, the owner shall gratuitously convey all necessary external easements and lands for access, drainage, servicing, utility purposes and for any other municipal purposes, as may be required, to the appropriate municipality, agency or public authority. The owner is advised that no servicing works shall be permitted until the detailed engineering drawings are approved and external easements and lands granted.

8. All lands which are to be conveyed to the City shall be free and clear of any and all encumbrances, unless otherwise approved by the City.

9. Where the City has required as a condition of registration that the owner convey lands gratuitously to the City for municipal purposes, and where the lands have been so conveyed to the City, and where prior to assumption of the plan the City determines in its sole and absolute discretion that said lands (or any interest therein) are surplus to its requirements and are no longer required, then the City may reconvey said lands (or any interest therein) to the Owner, gratuitously, provided that the Owner shall be required to pay for any fees, taxes, and/or disbursements related to the reconveyance, including but not limited to registration fees and the cost of preparing and filing a reference plan.

• Parkland Dedication

10. Parkland Dedication requirements for the plan shall be in accordance with the Planning Act R.S.O. 1990, c.P.13 as amended (the Planning Act), the City’s Parkland Dedication By-law, as amended and Parks Planning Comments and Conditions Memo.

• Studies

11. Prior to registration, the owner shall provide all outstanding reports, plans or studies required by the appropriate Municipality, agency or public authority and the approved recommendations shall be incorporated into the plans, agreements or otherwise implemented to the satisfaction of the City in consultation with the applicable agency and/or public authority.

• Staging

12. Development of the plan shall be staged to the satisfaction of the City and the Region in accordance with the approved Growth Management Staging and Sequencing Strategy. In this regard provision shall be made in the subdivision agreement to allow for the registration of this plan in phases, only in accordance with the approved Growth Management Staging and Sequencing Strategy.

13. Where a Growth Management Staging and Sequencing Strategy has not been required by the City, staging shall be based on the timing of essential services that serve the plan including, but not limited to: servicing capacity, road improvements, school availability, etc. In this regard the owner shall agree to enter into a phasing agreement, the provisions of which may be incorporated into the Subdivision agreement to allow the registration of this plan in phases.

• Drawings

14. Prior to registration the owner shall submit drawings to the satisfaction of the City in consultation with the applicable agency and/or public authority for approval.

• Servicing

15. Prior to registration, the recommendations of the approved Functional Servicing Report shall have been incorporated into all engineering plans.

• EXTERNAL CONDITIONS

• School Boards

16. Prior to final approval, the City of Brampton shall be advised by the School Board(s) that satisfactory arrangements regarding the adequate provision and distribution of educational facilities have been made between the owner and the School Boards for this Plan.

• Dufferin-Peel Catholic District School Board

17. These signs shall be to the Dufferin-Peel Catholic District School Board's specifications, at locations determined by the Board and erected prior to registration.

The following clauses to the satisfaction of the Dufferin-Peel Catholic District School Board:

"Whereas, despite the best efforts of the Dufferin-Peel Catholic District School Board, sufficient accommodation may not be available for all anticipated students from the area, you are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside of the neighbourhood, and further, that students may later be transferred to the neighbourhood school."

"That the purchasers agree that for the purpose of transportation to school, the residents of the subdivision shall agree that children will meet the bus on roads presently in existence or at another place designated by the Board."

• Peel District School Board

18. Prior to final approval, the City of Brampton shall be advised by the School Board(s) that satisfactory arrangements regarding the provision and distribution of education facilities have been made between the developer/applicant and the School Board(s) for this plan.

19. The Peel District School Board required the following clause be placed in any agreement of purchase and sale entered into with respect to any units on this plan, from the date of registration of the development agreement:

“Whereas, despite the efforts of the Peel District School Board, sufficient accommodation may not be available for all anticipated students in the neighbourhood schools, you are hereby notified that some students may be accommodated in temporary facilities or bused to schools outside of the area, according to the Board’s Transportation Policy #39. You are advised to contact the School Accommodation department of the Peel District School Board to determine the exact schools.”

“The purchaser agrees that for the purposes of transportation to school the residents of the development shall agree that the children will meet the school bus on roads presently in existence or at another designated place convenient to the Peel District School Board. Bus stop locations will be assessed and selected by the Student Transportation of Peel Region’s Bus Stop Assessment procedure and process (STOPR012)."

20. PDSB requests that the developer agree to erect and maintain signs at the entrances to the development which shall advise prospective purchasers that due to present school accommodation pressures, some of the children from the development may have to be accommodated in temporary facilities or bused to schools, according to the Peel District Board’s Transportation Policy. These signs shall be to the School Board's specifications and at locations determined by the Board.

• Enbridge Gas Distribution

21. The Owner agrees to provide Enbridge Gas Inc. (Enbridge Gas) the necessary easements at no cost and/or agreements required by Enbridge Gas for the provision of local gas services for this project, in a form satisfactory to Enbridge Gas.

• Rogers Telecommunications

Prior to registration of the subdivision, the owner shall:

22. At its own cost, grant all necessary easements and maintenance agreements required by those CRTC-licensed telephone companies and broadcasting distribution companies intending to serve the Subdivision (collectively the "Communications Service Providers"). Immediately following registration of the Plan of Subdivision, the owner will cause these documents to be registered on title.

23. With consultation with the applicable utilities and Communications Service Providers, prepare an overall utility distribution plan that shows the locations of all utility infrastructure for the Subdivision, as well as the timing and phasing of installation.

• Bell Canada

Prior to the registration of the subdivision, the owner shall:

24. Agree in the subdivision agreement, in words satisfactory to Bell Canada, to grant to Bell Canada any easements that may be required for telecommunication services. Easements may be required subject to final servicing decisions. In the event of any conflict with existing Bell Canada facilities or easements, the owner/owner shall be responsible for the relocation of such facilities or easements.

25. Shall agree in the agreement, in words satisfactory to Bell Canada, that Bell Canada requires one or more conduit or conduits of sufficient size from each unit to the room(s) in which the telecommunication facilities are located to the street line.

• Hydro/Telecommunications

26. Prior to the release of the plan for registration, the owner must submit in writing, evidence to the Commissioner, Planning, Building and Growth Management that satisfactory arrangements have been made with the telecommunications and hydro providers for the installation of their plants in the common trench, within the prescribed location in the road allowances.

• Region of Peel

The following requirements/conditions will be required to be satisfactorily addressed as they relate to the Region’s Conditions of Draft Plan Approval.

27. Prior to the issuance of building permits, the developer shall:

a) Obtain and submit to the Region a Residential Development Charges Payment Form completed to the best of the Developer’s knowledge at the time of the submission and to the satisfaction of the Region in accordance with the engineering drawings and final draft M-plan; and

b) Pay to the Region the appropriate hard service residential development charges (water, wastewater and road service components), pursuant to the Region's Development Charges By-law, as amended from time to time, calculated based on the information provided in the Residential Development Charges Payment Form.

28. Provision shall be made in the Subdivision Agreement with respect to:

a) Payment to the Region of appropriate soft service development charges and any outstanding hard service development charges; and

b) Collection of development charges for future residential development blocks (non-freehold townhouses or apartment blocks);

pursuant to the Region's Development Charges By-law, as amended from time to time.

29. In respect of the water meter fees:

a) A clause shall be included in the Subdivision Agreement that water meter fees for future residential development (non–freehold townhouses or apartment blocks) and commercial blocks shall be payable to the Region prior to issuance of building permits, in accordance with the Region’s Fees By-law, as amended from time to time; and

b) A clause shall be included in the Subdivision Agreement that in the event of an underpayment of water meter fees, the Developer shall be responsible for payment thereof forthwith upon request.

30. As a condition of registration of this Plan or any phase thereof, the Developer shall gratuitously dedicate, free and clear of all encumbrances and to the satisfaction of the Region:

a) 15m x 15m daylight triangles at the intersections of Bovaird Drive/Street A and Bovaird Drive/Creditview Road;

b) A 0.3 metre reserve behind the daylight triangles.

All costs associated with land transfers shall be 100% the responsibility of the Developer.

Clauses shall be included in the Subdivision Agreement in respect of same.

31. The Developer shall gratuitously transfer to the Region free and clear of all encumbrances and to the satisfaction of the Region all necessary easements for proposed and existing Regional infrastructures as required by the Region to service the proposed plan and external lands.

All costs associated with easements shall be 100% the responsibility of the Developer.

A clause shall be included in the Subdivision Agreement in respect of same.

32. Access

a) The Developer shall remove any existing driveway/accesses along the frontage of Bovaird Drive West that do not conform to the approved plans at its sole cost.

b) No lots or blocks shall have direct access to Bovaird Drive West.

Clauses shall be included in the Subdivision Agreement in respect of same.

33. The location, design and implementation of the construction access for the subdivision work must be acceptable to the Region and interim road works may be required to that effect. All costs associated with the construction access works to facilitate the development shall be 100% borne by the Developer. A Letter of Credit for 100% of the estimated cost of construction access works shall be required by the Region prior to the issuance of a road occupancy / construction access permit.

34. Prior to the registration of this Plan, or any phase thereof:

a) The Developer shall be responsible for the design of Bovaird Drive West/Street A intersection improvement works at its sole cost and a clause in respect of same shall be included in the Subdivision Agreement.

35. Prior to issuance of any road occupancy / construction access permit, the Developer shall provide to the Region’s Public Works Department a Letter of Credit in the amount of $10,000.00 for pavement markings on Bovaird Drive West/Street A intersection. The Developer shall also be responsible for pavement markings maintenance. The Letter of Credit will be released once all necessary pavement markings are completed and the intersection improvement works are assumed by the Region. Pavement markings along Regional roads shall be in accordance with the Region’s specifications and standards, as amended from time to time. A clause shall be included in the Subdivision Agreement in respect of same.

36. Prior to any grading, servicing and construction, the Developer shall obtain from the Region’s Public Works Department a road occupancy/construction access permit for all works within the Region’s road right-of-way and obtains such permit at least 48 hours prior to the commencement of work. Additional documentation, fees and securities shall be required with respect to the works for which the permit was obtained. All costs associated with the road works within the Region’s right-of-way shall be borne entirely by the Developer. A clause shall be included in the Subdivision Agreement in respect of same.

37. The Developer shall acknowledge and agree that landscaping, signs, fences, gateway features, and any other encroachments will not be permitted within the Region’s easements and right-of-way;

38. The Developer shall acknowledge and agree that construction of a 300mm watermain on Street A and a sanitary sewer within an internal easement will be required prior to issuance of an above-grade building permit;

39. The Developer shall acknowledge and agree that the Region’s storm sewers are designed to convey run-offs from the right-of-way of Regional roads only. Under no circumstance shall the flow of storm water from the development be diverted to or along the Bovaird Drive’s right of way (by pipe or channel); All costs associated with the storm sewer conveyance shall be 100% the responsibility of the Developer; and

40. The Region will not permit any alteration to grading within Bovaird Drive’s right-of-way along the frontage of the Lands.

Clauses shall be included in the Subdivision Agreement in respect of same

41. Prior to servicing, the Developer’s engineer shall submit all engineering drawings in the digital format to the latest Region’s Digital Format Guidelines.

42. Within (60) days of preliminary acceptance of the underground services, the Developer’s engineer shall submit “As Constructed” drawings in digital format, pursuant to the latest Region’s Digital Format Guidelines. The Developer’s engineer shall also provide ties to all main line valves, ties to individual water service boxes, linear ties to sanitary sewer services and GPS coordinates of all watermain and sanitary sewer appurtenances in accordance with the latest requirements of the Region “Development Procedure Manual”. A clause shall be included in the Subdivision Agreement in respect of same.

43. Prior to registration of the subdivision, the Developer shall execute a Subdivision Agreement with the local municipality and Region for the construction of municipal sanitary sewer, water, and regional roads associated with the lands. The Developer shall construct and design these services in accordance with the latest Region standards and requirements.

44. Prior to the issuance of site plan control approval for each phase, the Developer shall submit to the Region for review and approval:

a) Functional Servicing Report showing the proposed sanitary sewer, storm sewer and water servicing plans for the development;

b) Storm Drainage Study Report to determine and demonstrate, to the satisfaction of the Region, that there is no adverse effect of the proposal on the existing structures and drainage along Bovaird Drive West;

c) Traffic Impact Study (TIS) detailing the impact of the Development on the Regional road network and identifying any mitigation measures. The intersection geometrics and turning lanes requirements will be provided at such time the TIS is acceptable to the Region; and

d) Road Functional Design for the access works taking into account the ultimate Bovaird Drive West improvement works. The design shall include the appropriate storage and taper lengths as well as the operation of the Transit bus bay (if any) located within the parameters of the development.

45. Prior to servicing, the Developer shall submit a satisfactory engineering submission to the Region to review and approval.

46. Prior to registration of the plan of subdivision, the Developer shall ensure that all lots and blocks are able to be serviced via an internal road network or an easement(s). A clause shall be included in the Subdivision Agreement in respect of same.

47. Prior to servicing the Region may require the Developer to construct a sampling hydrant (at the Developers cost) within the proposed plan. Location and the requirement for sampling hydrant will be determined at the engineering review stage.

48. The Developer agrees to cover the costs of services completed by the Region on a time and material basis pursuant to the current Region’s User Fee By-Law. A clause shall be included in the Subdivision Agreement in respect of same.

49. The Developer will maintain adequate chlorine residuals in the watermains within the plan from the time the watermains are connected to the municipal system until such time as the Region issues Final Acceptance. To maintain adequate chlorine residuals, the Developer shall either install automatic flushing devices or retain Regional staff to carry out manual flushing. Regional staff shall conduct the monitoring and testing for chlorine residuals. All costs associated with the monitoring and flushing shall be the responsibility of the Developer pursuant to the current Region’s User Fee By-Law. A clause shall be included in the Subdivision Agreement in respect of same.

50. The following conditions apply only if private wells are found to exist on the property:

a) In respect of servicing existing properties within the zone of influence in the event that existing private services (wells) deteriorate due to the servicing of the proposed plan of subdivision;

b) Until the issuance of Final Acceptance a portion of the Letter of Credit shall be held back to serve as protection for the private wells in the zone of influence of the plan of subdivision. This amount shall be based on the anticipated cost of replacing water supplies within the zone of influence as shown in the schedules of the agreement. The minimum amount shall be $20,000.00. If the private well systems in the zone of influence deteriorate due to the servicing of the plan of subdivision the Developer shall provide temporary water supply to the residents upon notice by the Region and the Developer shall continue supplying the water to the affected residents until the issue is resolved to the satisfaction of involved parties. If the quantity of water in the existing wells is not restored to its original condition within a month after first identification of the problem, the Developer shall engage the services of a recognized hydrogeologist to evaluate the wells and recommend solutions including deepening the wells or providing a permanent water service connection from the watermain to the dwelling unit.

c) The Developer shall inspect, evaluate and monitor all wells within the zone of influence prior to, during and after the construction has been completed. Progress Reports should be submitted to the Region as follows:

i. Base line well condition and monitoring report shall be submitted to the Region prior to the pre-servicing or registration of the plan (whichever occurs first) and shall include as a minimum requirement the following tests:

a. Bacteriological Analysis - Total coliform and E-coli counts

b. Chemical Analysis - Nitrate Test

c. Water level measurement below existing grade

d) In the event that the test results are not within the Ontario Drinking Water Standards, the Developer shall notify in writing the Homeowner, the Region of Peel’s Health Department (Manager - Environmental Health) and Public Works Department (Development Supervisor) within 24 Hours of the test results.

e) Well monitoring shall continue during construction and an interim report shall be submitted to the Region for records. Well monitoring shall continue for one year after the completion of construction and a summary report shall be submitted to the Region prior to Final Acceptance.

Clauses shall be included in the Subdivision Agreement in respect of same.

51. Subject to any accommodations needed to enable development to proceed in phases, the Developer shall agree that neither the Developer nor any Builder will apply for building permits for any lots or blocks within the plan of subdivision until the Region’s Public Works Department has issued Preliminary Acceptance and provided notice to the local municipality stating that internal and external sanitary sewers and watermains, including fire protection, have been completed to the Region’s satisfaction. The Developer’s Consulting Engineer shall certify in writing that the internal and external sanitary sewers and watermains, including fire protection, have been constructed, inspected and shall function in accordance with the detailed design as approved by the Region. A clause shall be included in the Subdivision Agreement in respect of same, which will enable consideration of these servicing works on a phase-by-phase basis.

52. Prior to registration of the plan of subdivision, the Developer shall submit draft reference plan(s) for the Region’s review and approval prior to such plans being deposited. All costs associated with preparation and depositing of the plans and transfer of lands shall be at the sole expense of the Developer

53. The Developer agrees that prior to the Region granting clearance of the draft plan conditions of subdivision approval, the following shall require to be forwarded to the Region’s Legal Services Division:

a) A copy of the final signed M-Plan

b) A copy of the final draft R-Plan(s); and

c) Easement and conveyance documents required pursuant to this Agreement and the registration of this plan.

A clause shall be included in the Subdivision Agreement in respect of same.

• Administrative — Clearance of Conditions

54. Prior to the signing of the final plan by the Commissioner, Planning, Building and Growth Management, or her designate, they shall be advised that the above noted conditions have been carried out to the satisfaction of the appropriate agencies and the City.

NOTE 1: In accordance with City Council resolution C003-97, draft approval granted under Section 51 of the Planning Act, R.S.O., 1990, c.P.13 is valid until draft approval is either withdrawn, or the plan is registered. The conditions of draft approval will, however, be reviewed initially 3 years after draft approval is granted and subsequently every 2 years to determine if the conditions are appropriate or whether draft approval should be withdrawn.

NOTE 2: In order to expedite the clearance of conditions, we suggest that a copy of the signed Subdivision Agreement be forwarded to the following agencies upon execution:

Canada Post Corporation 200 - 5210 Bradco Blvd Mississauga, Ontario L4W 1G7

The Dufferin-Peel Catholic District School Board 40 Matheson Boulevard West Mississauga, Ontario L5R 105

Peel District School Board 5650 Hurontario Street Mississauga, Ontario L5R 1C6

Enbridge Gas Distribution Inc. 500 Consumers Road North York, Ontario M2J 1P8

Alectra Utilities 175 Sandalwood Parkway West Brampton, Ontario L7A 1E8

Bell Canada 100 Commerce Valley Drive West Thornhill, Ontario L3T 0A1

Rogers Cable Communications Inc. 3573 Wolfedale Road Mississauga, Ontario L5C 3T6

Region of Peel 10 Peel Centre Drive Brampton, Ontario L6T 4B9

Toronto and Region Conservation Authority 101 Exchange Avenue, Vaughan, Ontario L4K5R6

NOTE 3: The costs of any relocations or revisions to Hydro One facilities which are necessary to accommodate this subdivision will be borne by the owner, and further any easement rights of Hydro One are to be respected. The owner should contact the local Hydro One Area office to verify if any low voltage distribution lines may be affected by the proposal.

NOTE 4: It is recommended that the owner or their consultant contact the Toronto and Region Conservation Authority to clarify specific requirements prior to preparation of detailed engineering reports.

COMMENTS AND CONDITIONS MEMO

Date: June 4, 2025

File: (OZS-2023 - 0039 File and 21T- 23009)

To: Arjun Singh

From: Olti Mertiri

Subject: Requirements for Plan of Subdivision 21T-23009

Owner Name Bovaird West Holdings Inc.

Location Northeast corner of Bovaird Drive West and Creditview Road

Circulation Date: May 2025

Plan: Draft Plan of Subdivision

Plan Dated: April 30, 2025

In response to the circulation of the above noted application, the following represents a summation of comments and conditions from the Engineering and Development Services/Development Approvals (Engineering & Environmental) with respect to matters dealing with development and environmental engineering.

A. PRIOR TO DRAFT PLAN APPROVAL

The following shall be addressed prior to the release of the application for draft plan approval.

The following studies shall be approved in support of servicing for this development.

Functional Servicing Report (FSR) - Cleared by Environmental Engineering

Feasibility Noise Report – Cleared by Development Engineering

Phase 1 Environmental Site Assessment (Phase 1 ESA) and Phase 2 Environmental Site Assessment (Phase 2 ESA) if required. – Added Condition # 8

B. DRAFT PLAN APPROVAL REQUIREMENTS

The following comments / requirements are applicable as a condition of draft plan approval.

Environmental Engineering

Acoustic

The Owner agrees that the following noise control requirements shall be processed, approved and implemented through the site plan approval process for the Blocks within this plan of subdivision:

Prior to the registration of any of the site plans within any of the Blocks within this Plan of Subdivision and prior to the Owner entering into any Purchase and Sale Agreements, the Owner shall submit a final Noise Impact Study (the “Noise Impact Study”) to the satisfaction of the City and Region. The Noise Impact Study shall address methods of dealing with acoustical aspects evolving from all noise sources. The Noise Impact Study should also detail the type of noise attenuation to be implemented for all noise sources. A copy of the Noise Impact Study shall be provided to the City’s Chief Building Official.

the noise control measures, and noise warnings recommended by the Noise Impact Study for each of the future site plans shall be implemented to the satisfaction of the City and the Region;

the Owner shall prepare a Noise Attenuation Statement, a copy of which shall be provided to the City’s Chief Building Official

Environmental

Prior to the initiation of any grading or construction on the site the owner shall install adequate sediment and erosion control measures to the satisfaction of the City of Brampton and Toronto Conservation Authority. These measures shall remain in place until all grading and construction on the site are completed.

Stormwater Management

Prior to the initiation of any site grading or servicing and as part of the first engineering submission, the owner shall provide a Stormwater Management Report which describes the existing and proposed stormwater drainage systems for the proposed development.

Road Reconstruction/Cash Contributions

The owner agrees to provide cash-in-lieu for any infrastructure internal to the plan that cannot be feasibly constructed, to the subdivision limits, due to grading and/or other servicing constraints. The value of the cash-in-lieu shall be established by the City’s Commissioner of Public Works & Engineering or designate prior to the registration of the subdivision.

Financial Impact

Development charges will be made payable to the City in accordance with the Development Charges By-law in effect at the time of payment.

No credits are anticipated with respect to the Transportation Component of the City Per Unit Levy to be assessed to this development.

Sidewalks

N/A

Land Dedications and Easements

Sufficient right of way for all roads associated with the plan, land dedications and easements required for proper servicing of the plan shall be granted gratuitously to the appropriate authority. The precise limits of the required land dedications and easements are to be determined to the satisfaction of the City’s Ontario Land Surveyor.

0.3 Metre Reserves/Reserve Block(s)

N/A

Warning Clauses

Warning clauses are to be included in the Agreements of Purchases and Sale and registered on the title of all affected lots and blocks noting:

Any noise control features required to meet the noise level objectives of the City, to the satisfaction of the City, with respect to all noise sources,

The possibility of future transit routes within the internal collector/local road network to serve the residents of this community, including possible establishment of transit stops and platforms,

Soil

Prior to the registration of this plan or any phase thereof, the owner shall provide a copy of a Phase I Environmental Site Assessment clearing the site from any contaminants, or a Phase II Environmental Site Assessment and Record of Site Condition, if needed for further study as may be determined by the Phase I Environmental Site Assessment.

C. GENERAL ENGINEERING REQUIREMENTS

The following general engineering requirements are provided to assist the owner in the preparation of the related drawings, finalization of any required studies or resolution of any identified issues.

Subdivision Agreement

The owner will be required to enter into a Subdivision Agreement with the City for the construction of municipal services associated with these lands. The underground and aboveground municipal services are to be constructed in accordance with the latest O.P.S. and/or City standards and requirements, as applicable. Development of the lands shall be staged to the satisfaction of the City.

The owner will be required to provide the City with comprehensive insurance coverage, a financial guarantee for the installation of municipal works and maintain the municipal works in accordance with Clauses 27 Insurance, 24 Financial and 17 Maintenance Periods respectively, of the applicable standard Subdivision Agreement.

Site Grading/Erosion and Sediment Control By-law

The owner will be responsible for the proper drainage of all lands abutting the plan. An overall lot/block grading plan must be prepared by the owner’s Engineering Consultant to form part of the Subdivision Agreement.

Draft Plans which are within 30 metres of the watercourse and/or which are comprised of an area in excess of 1 hectare shall be subject to the provisions of the Fill By-law No.143-95, as amended. The owner will be required to apply for and obtain a Fill Permit prior to undertaking any land stripping or regrading activities within these lands. An irrevocable letter of credit is required to cover 100% of the estimated cost of site control measures plus 10% allowance for contingencies, as per Schedule ‘A’ to the By-law.

Storm Drainage

Storm sewer works including connections to each lot and building block shall be designed in such a manner and be of adequate size and depth to provide for the drainage of the weeping tiles, for the development of all lands lying upstream within the watershed and/or provide for the drainage of such areas as may be designated by the Commissioner Public Works & Engineering.

As a part of detailed processing of servicing submissions, the owner’s consultant will be required to include a drawing outlining the proposed overland flow route on these lands. The internal route is to coincide with roadways as much as possible. Should this route direct drainage along a lot’s side lot line, the size of the concerned lot(s) is to be increased in width to account for this route in addition to the usual lot sizes. All overland flow routes to be located on private lands shall be covered by a municipal easement to the satisfaction of the City and the appropriate Conservation Authority.

All storm drainage shall be conducted to an outlet considered adequate in the opinion of the Commissioner of Public Works & Engineering.

Sanitary and Water Service

Prior to servicing or registration of the plan, the Region of Peel is to confirm that all portions of this plan will be provided with adequate water and sanitary servicing.

Soil Conditions

The owner is required to retain a Geotechnical Consultant to prepare a detailed Soils Report. At first engineering submission, the Soils Report will be reviewed by the City and Ministry of Environment and Energy if necessary. Prior to the registration or servicing of this plan, the approved procedures are to be incorporated into the Subdivision Agreement.

Streetlighting

Streetlighting is to be provided by the owner in accordance with the City’s latest standards and requirements. In addition to streetlighting within the plan, the facilities at the intersections of the proposed road(s) with the boundary roads are to be examined and if necessary, upgraded.

Signs

All street and traffic signs required for this plan are to be supplied, erected and maintained in accordance with the provisions of the Subdivision Agreement by and at the expense of the owner.

Utilities

Prior to preservicing and/or execution of the Subdivision Agreement, the owner shall name his/her telecommunication provider. In addition, as part of the first engineering submission, the City will also request telecommunications providers that have entered into a Letter of Understanding or a Municipal Access Agreement with the City whether they intend to install their plant within the streets of the proposed subdivision.

The owner covenants and agrees that it shall permit the telecommunication providers named by the City to locate their plants within the streets of the proposed development.

The owner, under separate arrangements or agreement with the various utility companies, is to determine the precise extent of their requirements.

Prior to execution of the Subdivision Agreement, the owner must submit in writing evidence to the Commissioner of Public Works & Engineering that satisfactory arrangements have been made with the Telecommunications provider, Cable TV, Gas and Hydro for the installation of their plant in a common trench, within the prescribed location on the road allowance.

Any utility relocations necessary in support of the development of the Draft Plan of Subdivision shall be carried out by and at the expense of the owner.

Removal of Existing Buildings

The Security & Payment Statement of the Subdivision Agreement is to include sufficient securities to guarantee the removal of any existing buildings within the plan that will not conform to the requirements of the Zoning By-law after registration of the plan.

City Road Maintenance/Construction Access

The owner will be responsible for maintaining City Roadways within and in the vicinity of this development in a state satisfactory to the Commissioner of Public Works & Engineering until all construction and building activity is complete. Securities shall be included in the Security & Payment Statement of the Subdivision Agreement.

A construction access and the route for same will be finalized during processing of detailed engineering submissions. The construction access shall remain open at the discretion of the Commissioner of Public Works & Engineering.

Road Design

All internal roads shall be constructed by the owner and shall have asphalt pavement complete with concrete curbs and gutters designed and constructed in accordance with the latest O.P.S and /or City standards and requirements, as applicable.

The horizontal and vertical alignments of all roads, including their relative intersection geometrics, shall be designed to the latest City standards and requirements. In this regard, minor revisions to the road pattern may be required to accommodate intersection alignments and locations specified for bus bays and loading platforms.

All connecting roads shall be located such that they align precisely with their continuation beyond the limits of this Draft Plan.

Sodding of boulevards and private Lands/Maintenance of Undeveloped Lands

All portions of road allowance not covered by roads, sidewalks, splash pads, etc. shall be placed with 150 mm of topsoil and sodded with number 1 nursery sod.

The owner is to provide the City with securities to ensure that each of the lots will be sodded and topsoiled to City standards with driveways being provided. A security is to be established at time of detailed processing and is to be maintained with the City until substantial completion of the lots, and the securities reduced at the discretion of the Commissioner of Public Works & Engineering.

Lots and blocks with which there are no immediate development proposals shall be graded, seeded and maintained to the satisfaction of the Commissioner of Public Works & Engineering, and securities shall be included in the Security & Payment Statement of the Agreement to guarantee this.

Community Postal Boxes

Community Postal Delivery Box locations are to be shown on the servicing drawings in locations approved by Canada Post and are to be installed to City & Canada Post requirements by the owner when required by Canada Post or when constructing aboveground works, whichever is appropriate.

Preservicing

Preservicing will not be permitted until arrangements have been made to the satisfaction of the Commissioner of Public Works & Engineering for the necessary outlets for the municipal services and adequate access roads to service the lands. In addition, preservicing will not be permitted until the zoning for the development of the lands is in effect or has been approved by the Ontario Land Tribunal.

Any external land dedications or easements required to service the property must be obtained by the owner and conveyed gratuitously to the City or the Region prior to the commencement of Preservicing of the lands.

Regards,

Olti Mertiri, P.Eng. Supervisor, Development Approvals Engineering Division Public Works and Engineering Department Tel.(905) 874-5 273 Fax (905) 874-3369 olti.mertiri@brampton.ca

Cc: Accela Frank Mazzotta (Manager, Development Engineering)

COMMENTS AND CONDITIONS MEMO Transportation Development Engineering

Date: January 21, 2026

File: OZS-2023-0039 and 21T-23009B

To: Arjun Singh

From: Scott McIntyre (Transportation Development Engineering)

Subject: Requirements for Plan of Subdivision 21T-23009B Description – Draft Plan of Subdivision Applicant Name MHBC Planning Developer Name Bovaird West Holdings Location – Northeast corner of Bovaird Dr W & Creditview Rd

Circulation Date: January 11, 2024

Plan: Draft Plan of Subdivision

Plan Dated: Dec 07, 2023

Comment Revision #: R1

A. PRIOR TO DRAFT PLAN APPROVAL

1. Prior to Draft Plan approvals, all street names must be approved by the city and depicted on the Draft Plan. Not Cleared – May 22, 2025 SM

2. Driveways shall not encroach within intersection daylighting (rounded or triangles), and/or all driveway locations shall adhere to Section 10.12 of the residential zoning bylaw, which states “The minimum distance measured along a lot line between a driveway and the actual or projected point of intersection of two streets shall be 6.0 metres.” Where intersection daylighting exceeds 6.0 metres, driveways locations will be permitted to encroach within intersection daylighting. Not Cleared – May 22, 2025 SM

3. The owner agrees to restrict the Street ‘A’ intersection with Lagerfeld Drive to right-in/right-out, left-in operations only. The Owner hereby waives and releases the City from any claim for compensation, injurious affection or other damages, claims, demands, losses, costs, suits or other proceedings by anyone arising or which may arise as a result of such arrangements. The applicant will submit a functional design and cost estimate of all recommended road improvements and deposit securities in the same amount to ensure the completion of road improvements along Street ‘A and Lagerfeld Drive. Not Cleared – May 22, 2025 SM

B. DRAFT PLAN APPROVAL REQUIREMENTS/CONDITIONS

1. The following studies shall obtain approval status, where applicable:

a. Traffic Impact Study (TIS). Not Cleared – May 22, 2025 SM

2. A separate drawing is to be submitted depicting sidewalks, intersection daylighting dimensions, intersection curb radii, road elbows and driveway locations. Daylighting, curb radii, road elbows and driveway locations will be required to meet the current City standards or meet other satisfactory arrangements as determined by PW&E. Not Cleared – May 22, 2025 SM

3. Road cross-sections are to meet city complete streets guidelines and active transportation master plan guidelines. Not Cleared – May 22, 2025 SM

4. Prior to registration of the subdivision curb radii are to adhere to City standard drawing #245.

5. Prior to registration of subdivision road elbows must adhere with City standard drawing #215.

6. Utility clearance of 1.5 metres from residential driveways is required.

7. Vertical curves – grade changes in excess of 2% must be designed by means of a vertical curve for the design speed specified and depicted on the first engineering drawings to the satisfaction of the commissioner of Public Works.

8. Spine Roads - Prior to registration of the plan of subdivision the owners shall make arrangements for the sequencing of construction of Street ‘A’ between Bovaird Drive and Lagerfeld Drive including daylights. This may include post conveyance construction, and the timing for the conveyance and construction of such road works following registration of the plan of subdivision will be set out in a phasing agreement.

9. Where no residential parking, or limited residential parking is being proposed/provided, the owner shall provide a clause in the condominium or rental agreement stating that “No residential parking is provided on-site and that residential parking either on-street or at public facilities is subject to current city by-laws and policies”.

10. The private road connection to Creditview Road will be restricted to right-in/right-out operations only.

C. GENERAL COMMENTS

1. Road alignments - the horizontal and vertical alignments of all roads, including their intersection geometrics, shall be designed to the latest City standards and requirements. In this regard, minor revisions to the road pattern and intersection alignments may be required.

2. ROW – Minimum 17.0 metre, 20.0 metre, 23.0 metre etc. right-of-way, as per City standard drawings are required.

3. The applicant will be required to ensure that a right-of-way (ROW) access easement is in place for existing and proposed residences over the proposed private north-south road shared with the lands to the immediate east (The ROW easement is to be abandoned upon registration of the subdivision.

4. As part of any Metrolinx redevelopment, if the Metrolinx access location were to align with the new public road, the city may consider the warrant for a traffic signal, traffic signage and alterations or additions of municipal infrastructure.

Regards,

Scott McIntyre

Transportation Engineering | Engineering Division | Public Works & Engineering Dept. | City of Brampton T: 905.874.2540 | F: 905-874-2599 | 2 Wellington Street West | ON L6S 6E5

COMMENTS AND CONDITIONS MEMO

Date: May 21, 2025

File: OZS-2023-0039 and 21T-23009B

To: Arjun Singh

From: Anthony Magnone

Subject: Requirements for Bovaird West Holdings Inc.

In response to the circulation of the above noted application, the following represents a summation of comments and conditions from the BUILDING DIVISION with respect to the above matter.

A. PRIOR TO DRAFT PLAN APPROVAL

The following shall be addressed prior to the release of the application for draft plan approval.

Not Applicable

B. DRAFT PLAN APPROVAL REQUIREMENTS/CONDITIONS

The following comments / requirements are applicable as a condition of draft plan approval.

Not Applicable

C. GENERAL COMMENTS

The following general comments are provided to assist the developer in the preparation of the related drawings, finalization of any required studies or resolution of any identified issues.

Prior to registration of the Plan, or any phase thereof, provide a final version of the detailed soils investigation of the site prepared, signed and sealed by a qualified Geotechnical Engineer.

Building Removal

Prior to registration or site plan approval, the applicant shall remove any existing buildings on the site.

Exposed Basements

Where a building style incorporating an exposed basement is proposed, the external treatment of the exposed basement shall be consistent with the exterior treatment of the balance of the structure.

Fire Break Lots

For those lots designated as fire break lots by the Building Division the erection of the superstructure shall be permitted only upon the approval of the Chief Building Official.

Foundations

Prior to the issuance of any building permit, the applicant shall provide an engineering report, to the satisfaction of the Chief Building Official, indicating special foundation requirements, if any, to support structures that may be erected on disturbed ground or lots where filling has occurred.

Noise Abatement

Prior to site plan approval, and prior to the applicant entering into any purchase and sale agreements, the applicant shall engage the services of a qualified acoustical consultant to complete a noise study recommending noise control measures satisfactory to the City (and Region of Peel when requested by the Region). A copy of this report shall be provided to the City’s Chief Building Official.

The noise control measures and noise warnings recommended by the acoustical report shall be implemented to the satisfaction of the City of Brampton. (and Region of Peel as required)

Prior to site plan approval the applicant shall prepare a Noise Attenuation Statement, a copy of which shall be provided to the City’s Chief Building Official.

Prior to the issuance of any building permits, the applicant shall provide the City’s Chief Building Official with a certificate certifying that the builder’s plans for each dwelling unit to be constructed on the plan shows all of the noise attenuation works required by the approved acoustical report and the approved plans.

Municipal Addressing

Prior to registration and/or site plan approval, the applicant shall provide confirmation that the digital submission requirements and GIS requirements for the submission of the proposed final M-plan (CAD file) are complete and uploaded in the City’s GIS system. Refer to the attached link for clarification:

https://www.brampton.ca/EN/Business/planning-development/Documents/e-Forms/DevServ/ZB_OP_Amendment_Application_Package.pdf

In support of having building permits issued in an expedited manner, please provide the anticipated Production Builder names and allotments believed to be submitting building permit applications to construct residential dwellings within this subdivision development.

The Builder information can be emailed directly to documentservicesbldg@brampton.ca titled “Production Builder Information for Proposed Residential Plans of Subdivision; 21T- B”, referencing the 21T plan number.

If you have any questions or require further clarification with respect to the above comments, please contact the undersigned.

Anthony D. Magnone Manager, Standards and Training Tel: (905) 874-2415 Fax: (905) 874-2499 anthony.magnone@brampton.ca

COMMENTS AND CONDITIONS MEMO

Date: June 4, 2025

File: OZS-2023-0039 & 21T-23009B

From: Arjun Singh

Subject: Requirements for Plan of Subdivision 21T-23009B Application to Amend the Zoning By-Law and Proposed Draft Plan of Subdivision Bovaird West Holdings Inc. – MHBC Planning (Four development blocks, consisting of five towers and a total of 195,303 square metres of GFA; 191,858 square metres of residential GFA, and 3,445 square metres of retail GFA. An FSI of 6.01 is proposed, with a total unit count of 2,801, and 2,204 parking spaces. A total of 2,626 square metres of open space is proposed throughout the blocks, which will be provided in the form of publicly accessible private spaces (POPS)) Northeast corner of Bovaird Drive West and Creditview Road

Circulation Date: June 2025

Plan: Part of Lot 11 Concession 4, West of Centre Road Geographic Township of Chinguacousy City of Brampton Region of Peel

Plan Dated: April 30, 2025

Comment Revision #: 1st

The following represents a summation of comments and conditions from the Development Services Division of the Planning and Development Services Department with respect to matters dealing with Zoning, community information maps, warnings, notices, growth management, other general requirements to be included in the subdivision agreement, among others.

A. PRIOR TO DRAFT PLAN APPROVAL

The following shall be addressed prior to the release of the application for draft plan approval.

1. N/A

B. DRAFT PLAN APPROVAL REQUIREMENTS/CONDITIONS

The following requirements are applicable as a condition of draft plan approval.

Final Homebuyers Information Map

1. Prior to the owner entering into any purchase and sale agreements, the owner shall prepare a detailed Final Homebuyers Information Map, based on the final M-plan, and approved by the City to replace the preliminary Homebuyers Information Map in all affected sales offices. This map shall contain the following information:

a) all of the information required on the preliminary map;

b) the locations of all sidewalks and walkways;

c) the locations of all rear yard catch basins and utilities easements on private property where applicable;

d) the locations of all above ground utilities;

e) the locations of all bus stops (if known); and,

f) the final locations of all Canada Post community mail boxes;

2. The owner shall ensure that each builder selling homes within the subdivision:

a) provides prospective purchasers with a notice from the City in the prescribed format that includes all of the notes required on the Homebuyers Information Maps; and,

b) attaches a copy of the preliminary Homebuyers Information Map to each offer of purchase and sale agreement.

Land Notices: Statements and Clauses

3. The owner shall include the following warnings in bold type in all offers of purchase and sale for all lots and blocks within the plan:

a) A statement indicating that Blocks 1 and 2 will be developed for residential and mixed-use purposes including but not limited to commercial and office uses.

b) A statement indicating that within Blocks 1 & 2 a Privately Owned Public Space is to be developed as active parks and may contain play equipment, lighted walkways, landscaping, passive use free-play areas, and a multi-purpose pad. The following wording shall also be included with respect to Block 1 & 2:

“Purchasers are advised that residents within Blocks 1 & 2 may be disturbed by noise and night lighting from the parks. For more information, please call the Development Engineering Division of the Public Works Department, at (905) 874-2050 or email planning.development@brampton.ca.”

c) A statement to the satisfaction of Brampton Transit that the City reserves the right to introduce transit services and facilities such as bus stops, shelters, pads, benches and other associated amenities on any City right-of-way as determined by Brampton Transit to provide effective service coverage.

d) A statement indicating that gates are not permitted in fences when lots abut a valleyland, park (including POPs) or stormwater management block.

e) A statement indicating that the City of Brampton’s Zoning By-law regulates the width of driveways and that owners not widen their driveway before inquiring about the permitted driveway width for the lot.

f) A statement advising purchasers that access to the Private Street will be restricted to right-in/right-out only traffic movements to Creditview Road.

g) The following statements:

i. “The offer of purchase and sale may contain itemized charges for features covered in the City’s subdivision agreement. These features may include street trees, driveway paving, sodding, fencing, noise barriers, or gateway features, etc., on the public right-of-way. They may also be described in general terms, such as “community aesthetics enhancements”. Despite paying this charge, the purchaser may be left without a tree on the lot in question. The City does not encourage this type of extra billing and has no control over vendors charging for street trees. If you have any questions, please call (905) 874-2050 or email planning.development@brampton.ca.”

ii. “The City will not reimburse purchasers, nor assist in any recovery of moneys paid, under any circumstance.”

iii. “Although the developer is required to provide trees at regular intervals on the public boulevards within this subdivision, local site conditions may not allow for a tree to be planted in front of some homes.”

iv. “The design of features on public lands may change. Features shown in the Community Design Guidelines may be constructed as shown or altered, in the City’s discretion, without notification to purchasers. Builders’ sales brochures may depict these features differently from what is shown on the Community Design Guidelines or the as-built drawings. The City has no control over builders’ sales brochures.”

v. “There are a number of subdivision homes being constructed in the area. Purchasers are advised that residents may be disturbed by noise, traffic and dust due to construction in the area.”

h) The following clauses to the satisfaction of the Dufferin-Peel Catholic District School Board, until the permanent school for the area has been completed:

i. “Whereas, despite the best efforts of the Dufferin-Peel Catholic District School Board, sufficient accommodation may not be available for all anticipated students from the area, you are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside of the neighbourhood, and further, that students may later be transferred to the neighbourhood school.”

ii. “That the purchasers agree that for the purpose of transportation to school, the residents of the subdivision shall agree that children will meet the bus on roads presently in existence or at another place designated by the Board.”

i) The following clause to the satisfaction of the Peel District School Board for a period of five (5) years from the date of registration of the plan:

i. “Whereas despite the best efforts of the Peel District School Board, sufficient accommodation may not be available for all anticipated students in neighbourhood schools, you are hereby notified that some students may be accommodated in temporary facilities or bussed to schools outside of the area, according to the Board’s Transportation Policy. You are advised to contact the School Accommodation Department of the Peel District School Board to determine the exact schools.”

Land Notices: Signage

4. The owner shall erect and maintain signs in the following locations and in the following manner:

a) on Blocks 1& 2 indicating that Blocks 1 & 2 will be developed for residential and mixed use purposes including but not limited to commercial and office uses.

b) to the satisfaction of the Development Engineering Division of the Public Works Department, on Blocks 1 & 2 showing in graphical form, the proposed facilities and indicating that the Privately Owned Public Space within Blocks 1 & 2 will be developed as active parks with play equipment, lighted walkways, landscaping, passive use free-play areas, and a multi-purpose pad. An advisory that residents close to the parks may be disturbed by noise and night lighting from the parks shall likewise be included. The signage shall also advise that for more information, Development Engineering Division of the Public Works Department can be contacted at (905) 874-2050 or email at planning.development@brampton.ca.

c) to the satisfaction of The Dufferin-Peel Catholic District School Board at all major entrances to the proposed development the following:

“Notice: Please be advised that students may be accommodated elsewhere on a temporary basis until suitable permanent pupil places, funded by the Government of Ontario, are available.”

d) to the satisfaction of the Peel District School Board at all major entrances to the subdivision which shall advise prospective purchasers that due to present school facilities, some of the children from the subdivision may have to be accommodated in temporary facilities or bused to schools according to the Board’s Transportation Policy. These signs shall be to the Board’s specifications, at locations determined by the Board and erected prior to registration.

Site Plan Approval

5. Approval of site development plans by the City in accordance with the City's site development plan approval procedure shall be a prerequisite to the issuance of a building permit for Blocks 1 & 2.

Telecommunications

6. The owner shall permit all telecommunications service providers that are a “Canadian carrier” as defined in subsection 2(1) of the Telecommunications Act of a “distribution undertaking” as defined in subsection 2(1) of the Broadcasting Act and have entered into a Municipal Access Agreement with the City (“Telecommunication Providers”) to locate their plant in a common utility trench within any future public highway within the Plan. A list of Telecommunication Providers can be obtained from the City. Within 10 business days of the delivery of the pre-servicing letter, the owner shall notify all Telecommunication Providers of the Plan and request that the Telecommunication Providers contact the owner directly within 10 business days if they intend to locate their plant within any future public highway within the Plan. The owner shall make satisfactory arrangements (financial and otherwise) with the City, Telecommunications Providers and other utilities for the installation of each of their facilities in a common utility trench within the future public highway prior to commencing any work with respect to any future public highway as shown on the draft approved plan of subdivision, and the owner shall provide evidence of same satisfactory to the City. Until such installation is completed, the owner shall not undertake any works that will limit the ability of any Telecommunications Provider to install its plant in a timely and efficient manner. The owner shall install, at its own expense, 100mm diameter ducts at all road crossing for the use of Telecommunications Providers. The exact location and detailed specifications for these ducts shall be shown on the approved drawings. The owner acknowledges and agrees that the City may refuse to accept or assume any or all streets within the plan until the provisions of this section have been complied with.

7. Prior to commencing any work within the plan, the owner must confirm that sufficient wire-line communication/telecommunication infrastructure is currently available within the proposed development to provide communication/telecommunication service to the proposed development. In the event that such infrastructure is not available, the owner is hereby advised that they may be required to pay for the connection to and/or extension of the existing communication/telecommunication infrastructure. If the owner elects not to pay for such connection to and/or extension of the existing communication/telecommunication infrastructure, the owner shall be required to demonstrate to the telecommunication provider that sufficient alternative communication/telecommunication facilities are available within the proposed development to enable, at a minimum, the effective delivery of communication/telecommunication services for emergency management services.

Sustainability Score and Summary

8. N/A

C. GENERAL COMMENTS

The following general comments are provided to assist the developer in the preparation of the related drawings, finalization of any required studies or resolution of any identified issues.

1. N/A

If you have any questions or require further clarification with respect to the above comments, please contact the undersigned.

Arjun Singh

Development Planner, Development Services & Design

Planning, Building and Growth Management Tel: (905)874-2254 Arjun.Singh@brampton.ca

c: Mana Zavalat, Manager, Development Services & Design

COMMENTS & CONDITIONS MEMO

Date: July 2, 2025

File: OZS-2023-0039 & 21T-23009B

To: A. Singh, Development Services Division

From: C. Heike, Parks Planning Group

Subject: REQUIREMENTS FOR MIXED-USE DEVELOPMENT Zoning By-Law Amendment Application & Proposed Draft Plan of Subdivision (To permit the comprehensive redevelopment of existing vacant land to a complete, mixed use, transit-supportive, and walkable development, including four development blocks, consisting of five towers with residential and retail and open space in the form of publicly accessible private spaces (POPS).)

UPDATED Conditions from the Planning & Delivery Section

Consultant: MHBC PLANNING

Owner: BOVARID WEST HOLDINGS INC.

Location: 0 Lagerfeld Drive Northeast corner of Bovaird Drive West and Creditview Road Circulation Date: January 12, 2024 Ward: 6

In response to the settlement discussions for the above noted Zoning By-Law Amendment Application & Proposed Draft Plan dated January 12, 2024, the following represents an updated summation of conditions from the Planning and Delivery Section and general comments from the Parks Planning Group. The Open Space Group may also provide their own general comments through the Accela workflow.

Please note that this memo replaces our Comments & Conditions Memo dated October 22, 2024.

A. PRIOR TO DRAFT PLAN APPROVAL

The following must be addressed prior to the release of the application for draft plan approval.

1. NIL

B. CONDITIONS OF DRAFT PLAN APPROVAL

The Owner is required to address the following prior to the identified milestone, in accordance with City standards, and to the satisfaction of the City. These items will be included in the subdivision agreement.

a) Prior to Commencement of Construction:

Hoarding of Natural Features:

2. The Owner shall erect and maintain in good condition, hoarding along the drip line of any vegetation identified for preservation in the approved Tree Evaluation Report, to the satisfaction of the City.

Privately Owned Publicly Accessible Parks - Detailed Designs:

3. It is recognized that the City of Brampton (City) will accept at 50% credit Privately Owned Public Spaces (POPS) as per the City's Parkland Dedication By-Law (as amended) towards parkland dedication requirement.

b) Prior to Registration:

The following are requirements that the Owner shall be required to fulfill prior to the release of the plan for registration. These items will be included in the subdivision agreement.

Parkland Dedication:

4. Parkland Dedication requirements for the plan shall be in accordance with the Planning Act R.S.O. 1990, c.P.13 as amended (the Planning Act) and the City’s Parkland Dedication By-law, as amended.

The City will not require the conveyance of parkland dedication (parkland or cash-in-lieu of parkland) as a condition of subdivision draft approval for this Plan as authorized by Section 51.1 of the Planning Act R.S.O. 1990, c.P. 13 as amended.

The Owner is put on notice that City By-laws and policies as amended require the payment of cash-in-lieu of parkland for this application pursuant to Section 42(6) of the Planning Act, and the City’s Parkland Dedication By-Law as a condition of development of the land, and payable prior to the issuance of building permits.

Privately Owned Publicly Accessible Parks:

5. Concurrent with or following the issuance of site plan control approval and prior to the issuance of building permit(s) for any development within the block containing the POPS, the owner shall enter into the City’s standard POPS legal agreement in terms of, but not limited to the design, construction, programming, public accessibility, maintenance, replacement, insurance, security and other liabilities etc. substantially in accordance with the concept plan included as Schedule 1 to the Minutes of Settlement executed in connection with OLT-24-00723.

6. The POPS legal agreement must be fully executed and registered on title to the subject lands as a schedule to the relevant site plan agreement.

7. The following easements shall be conveyed in conjunction with the issuance of site plan control approval, subject to alternative arrangements in the sole discretion of the responsible Commissioner:

a) 1st easement:

The owner will be required to prepare all documents and convey an easement for nominal consideration to the City, to the City’s sole satisfaction, over POPS for public access. The easement is to be conveyed to the City for nominal consideration, and such lands are to be free and clear of all physical and title encumbrances and shall have priority in title. The owner shall use the City’s easement template.

b) 2nd easement:

The owner will be required to prepare all documents and convey an easement for nominal consideration to the City, to the City’s sole satisfaction, over POPS for the City’s access, maintenance and construction/repair of POPS. The easement is to be conveyed to the City for nominal consideration, and such lands are to be free and clear of all physical and title encumbrances and shall priority in title. The owner shall use the City’s easement template.

Plan Requirements for all Public Lands:

8. Prior to plan registration, the Owner shall provide detailed working drawings for all identified streetscape planting and fencing to the satisfaction of the applicable approving departments and in accordance with the latest City standards. The Owner shall comply with the recommendations of the approved Urban Design Brief.

Streetscape Plans:

9. Prior to plan registration, the Owner shall make satisfactory arrangements with the City, through the Subdivision Agreement and the landscape drawings’ submission, to provide street trees along all internal streets within the subject plan and along immediately abutting street, including the implementation of boulevard and buffer planting, and entry features. The Owner shall comply with the recommendations of the approved Urban Design Brief (as amended and as applicable).

Summary Requirements:

10. Prior to registration, and in conjunction with the final landscape submission, the Owner agrees to provide the City with a detailed summary of all areas of boulevard and buffer sod, boulevard and buffer trees, shrub beds and irrigation systems that will be installed by the Owner and will become the City’s responsibility to maintain.

Tableland Tree Compensation:

11. Prior to registration, if applicable, the Owner shall provide restoration-planting drawings that detail compensation plantings for tableland trees removed to accommodate the development. Compensation plantings shall be in accordance with current City of Brampton compensation planting standards. Compensation plantings shall be provided by the Owner at no cost to the City. Compensation requirements shall conform to the City’s Tableland Tree Assessment Guidelines.

Tableland Vegetation:

12. The Tree Evaluation Report, shall be finalized and approved in accordance with the City’s Tableland Tree Assessment Guidelines, to the satisfaction of the City.

Note: The Owner shall ensure that no trees are removed or damaged prior to by-law approval or during any phase of the servicing and construction of the site, if applicable, without the prior approval of the Planning and Development Services and Public Works & Engineering Departments.

Warning Clauses – Street Trees

13. Prior to registration, the Owner shall ensure that the builder(s) include a warning clause in all Offers of Purchase and Sale indicating that:

“The Owner is required to provide street trees at regular intervals on all public boulevards within this subdivision. Local site conditions may not allow a tree to be planted in front of some homes. For more information, please call the City of Brampton’s Community Services Department.

c) Post Registration:

The following are requirements that the Owner shall be required to fulfill as a condition of plan registration. Items are listed in typical order of completion:

Streetscape Implementation:

14. The Owner shall implement, at their expense and to the satisfaction of the City, all works shown on the approved streetscape plans, to be undertaken on a phase-by-phase basis, in accordance with the Subdivision Agreement and the approved Urban Design Brief/Community Design Guidelines (where applicable) and will include the implementation of boulevard and buffer planting, and entry features including all structures and planting.

As-Built Drawings:

15. Within sixty (60) days of preliminary acceptance of landscape works the Owner shall provide as-built drawings in the form of digital files. The submission of these drawings will meet the latest digital standards as prescribed by the City of Brampton.

d) Prior to Assumption:

Hazard Removal:

16. Prior to assumption, any material identified in the Tree Evaluation Report as hazardous, or identified for removal for accessibility or safety reasons, and any deleterious materials and debris shall be removed at the Owner’s expense.

C. GENERAL COMMENTS

The following General Comments are provided to assist the Owner. These comments shall be read in conjunction with the Draft Plan conditions (Section B).

17. NIL

If you have any questions or require further clarification with respect to the Park Planning & Development comments, please contact the undersigned.

Christopher Heike B.Sc., M.Pl., MCIP, RPP Park Planner, Parks Planning Group Planning & Delivery Section Parks Maintenance & Forestry Division Community Services Department christopher.heike@brampton.ca

CC: J.K. Bajwa, S. Wu