Lexington developer that axed protected trees has not built wetlands in different case

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A Lexington engineering firm and a developer recently dinged by Lexington officials for cutting protected trees has yet to construct wetlands on a city golf course it had agreed to do as part of a 2022 settlement involving a different construction site.

Vision Engineering recently agreed to plant 83 additional trees at 8203 Harrodsburg Road after city officials discovered the group had axed four protected red oak trees on the site currently under construction.

The plans for the site include multiple retail and restaurant buildings, single-family homes and town homes. Vision is overseeing the project for the Greer Companies. The Urban County Planning Commission approved the new tree protection plan Thursday.

City documents show Vision Engineering and the Greer Companies signed a memorandum of understanding to construct wetlands, plant trees and do stream improvements involving a different construction project in 2022.

As part of that development at 1108 South Broadway, the companies wanted to put box culverts to contain a stream on the property. However, to do so, they had to get city engineer sign offs.

The city engineering department denied the request and the groups appealed the decision to the city’s flood plain committee. The plans show the construction of a one-story retail building.

The flood plain committee, a five-member appointed board, agreed to allow Greer and Vision to install the box culverts and do grading and other work on the site in the busy retail corridor. But there were concerns about loss of tree canopy and burying a portion of the stream, according to an agreement between the developer and city officials.

Vision, Greer and city officials signed a memorandum of understanding that allowed Greer and Vision to do off-site mitigation for the loss of trees and burying the stream, city documents show. Off-site mitigation allows a developer to plant trees or take other actions on other properties, sometimes city-owned properties or other properties the developer owns.

According to the agreement, Vision and Greer agreed to:

• Construct a wetland with a minimum volume of 9,246 square square cubic feet at Picadome Golf Course on South Broadway.
• Replace the tree canopy lost at 1108 South Broadway at a to-be-determined city property.
• Institute stream improvements at Picadome Golf Course.

The total cost will likely be $169,230, according to an estimate provided to city leaders by Vision Engineering.

Picadome is downstream from the construction site.

The deal was signed in March 2022.

Mitigation efforts haven’t begun

Environmental Services Director Jennifer Carey said site work has not started on the mitigation plan. Construction has also not started at 1108 South Broadway. Environmental Services oversees the implementation of the mitigation plan.

“They can’t get a certificate of occupancy for the building at 1108 South Broadway until the mitigation plan has been substantially completed,” Carey said.

A certificate of occupancy is the final city approval before a new building can open.

Plans for the site have also changed recently, causing the delay. A sign-off for the final development plan of the property was in May 2024, city records show.

Officials with the Greer Companies did not return multiple emails asking for comment.

Ken Cooke, of Friends of Wolf Run, a group that monitors and advocates on behalf of the Wolf Run watershed that includes the South Broadway area, said the agreement between the city and the developer was not unreasonable and a good compromise.

Vision and Greer have the expertise to do the off-site mitigation, he added.

Instead of requiring the mitigation to be completed before a land disturbance permit or building permit is issued for 1108 South Broadway, the agreement allows the Greers and the engineering company to wait until the building at 1108 South Broadway is completed.

It’s not known how long that will take.

“What’s concerning is the gap,” Cooke said. “We know this a loophole that needs to be fixed.”