Protected Cyprus trees at centre of Sidney development debate

After around 70 Sidney residents expressed concern over a development’s impact on three significant, protected Cyprus trees, council is asking developer Highstreet to consider other layouts for their 9972 Third Street proposal.

Highstreet, which is seeking a permit to develop purpose-built rental housing, was asked in a unanimous council vote on Sept. 2 to consider revising the layout to minimize impacts on the three trees and their root zones. They were also asked to provide a local traffic impact study due to further resident concerns over traffic on Third and Fourth Streets.

Highstreet is asked to return to council with a new proposal or information before the plan goes to the Advisory Planning Commission (APC).

The Cyprus trees in question are estimated to be over 100 years old.

In Highstreet’s current proposed layout, the middle Cyprus tree, which is bylaw-protected, would need to be removed for a driveway.

“The residents have clearly spoken in their correspondence,” said Mayor Cliff McNeil-Smith, who noted that almost all, if not all, of the 70 correspondences the town received on the development mentioned the trees.

While he noted it may not result in a full redesign, as Highstreet’s local arborist team said they have a plan to ensure the long-term health and survival of the two adjacent trees, he thought the matter needed to be further looked into before the process moves into public hearing.

“We fully recognize the town’s concern,” said Eric Delorme, development manager at Highstreet, who noted that they had looked at many different configurations of the site layout that ultimately were not viable. He noted Highstreet was taking measures to ensure the other two trees would survive.

In a staff report, staff had strongly opposed the removal of the trees. The Parks Department staff were not at the Sept. 2 Committee of the Whole meeting to hear Highstreet’s presentation, which involved an arborist. Coun. Sara Duncan noted that perhaps Highstreet’s arborist could provide staff with additional information that might change their minds.

“I’m confident if the proponent can actually speak to our staff, it might not be a full revision,” she said.

The impact that developments have on root zones of large trees is a “recurring problem,” Coun. Duncan said. She thought this could be a “good opportunity” for council to gain experience in maintaining the town’s large trees.

She noted several things she liked about the development, including the application of the tenant assistance policy, solar panels on the roof and that the proponent had done studies on impacts to root zones.

The applicant plans to plant 17 new trees on the property.

Members of the public also brought forward concerns about traffic and parking, considering 75 units would be built where previously there were 24. Council hope a traffic study could mitigate some of these concerns.

Highstreet purchased the property in Oct. 2023 for $11 million and is asking council to undo part of a 2024 rezoning process, so that the eastern portion of the property can be switched back from RM6-R to RM7, which would be less restrictive, higher density, and allow for condos/strata.

Hightstreet mentioned a willingness to sign a covenant that the property would be for rentals in perpetuity.