Eagle View developer argues for inclusion in court case

A Gibsons community association’s efforts to have the BC Supreme Court overturn a zoning approval was due to be back in court in Vancouver Oct. 5. The hearing is to decide whether the developer of the project, TCD Developments, which is now known as 464 Eaglecrest Drive Properties Ltd., will be added as a “respondent.”

The O’Shea Oceanmount Community Association’s (OOCA) July 18 court petition seeking to have zoning for Eagle View Heights overturned named only the Town of Gibsons.

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The project is slated for a five-acre (two-hectare) parcel at 464 Eaglecrest, and will include a mix of 87 townhouse and apartment units to be built out in three sections on the sloped property’s upper and lower benches.

The OOCA had spoken in opposition to the project at several points during the approval process, citing concerns about height, density and traffic increases, and plans to argue in court that the zoning bylaw “directly conflicts with the [Official] Community Plan, the effect of which, if left unchecked, will dramatically alter the character and quality of life in their community and will, even more importantly, undermine the importance of the [Official] Community Plan.”

In documents filed Sept. 19, 464 Eaglecrest Drive Properties Ltd. argued that it has a direct interest in the case because the project “will need to be abandoned” if the court rules in favour of the OOCA.

The company’s court filings also say it disagrees completely with all the allegations made by the OOCA and that it should have the right to make that case.

“[464 Eaglecrest Drive Properties Ltd.] has expended significant time and monies to ensure that the Eagle View Development complies with the Community Plan, including altering the original design of the development in a manner that will significantly increase the costs for the Applicant to proceed with the development,” the documents say. “The perspective of the Applicant, the party with direct knowledge of the features and design of the Eagle View Development, is necessary for the Court to reach a decision based on a full understanding of the issues in this proceeding.”

In response to the latest developments, the OOCA has appealed to the public to help it cover legal costs.

“The combined financial resources of the Town and the Developer will now be pitted against the meagre resources of a new community association,” said the association’s William Baker in a press release. “In response, OOCA has launched a funding campaign to raise money from the community to carry on the legal action. The Go Fund Me campaign seeks to raise $20,000.”

Baker is also acting as financial agent for council candidate Verna Chan, who told Coast Reporter this week that she supports the OOCA’s position that the zoning bylaw should be repealed.

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