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Lexington developer’s crews raze 4 legacy oak bushes they promised to guard. Now what?

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An engineering group overseeing a brand new industrial and housing challenge off of Harrodsburg Street has supplied to plant 116 bushes after it razed 4 pink oak bushes it had promised to guard.

Jihad Hallany, of Imaginative and prescient Engineering, informed the City County Planning Fee at a June 13 assembly that in grading of the property on the intersection of Palomar Boulevard and Harrodsburg Street, 4 bushes have been lower attributable to issues encountered with the numerous adjustments in elevation the place the bushes have been situated.

Hallany mentioned to guard the bushes they’d have needed to construct a seven-foot retaining wall that might create a big melancholy within the property, together with including a tree safety fence. It’s possible the bushes would have finally died, Hallany mentioned.

“Hindsight is 2020. I ought to have come and talked to the city forester,” Hallany mentioned.

Imaginative and prescient Engineering is overseeing the challenge for the Greer Firms at 4085 Harrodsburg Street.

Hallany and Imaginative and prescient Engineering agreed as a part of a mitigation plan to plant 116 bushes on the property presently beneath growth. The plans for the property embrace a number of retail buildings towards Harrodsburg Street, 14 city properties and 7 single-family properties in the back of the property.

If a developer cuts bushes it says it was going to guard, it should get Planning Fee approval of its tree mitigation plan, beneath county guidelines.

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A number of members of the Planning Fee mentioned they wished to know extra in regards to the plans.

Hallany and Imaginative and prescient Engineering should return to the June 27 Planning Fee assembly to offer extra particulars about its tree alternative plan. The brand new tree safety plan should be added to the event plan, which was accredited in March.

‘They have been gone’

Eric Sutherland, the town’s city forester, informed the fee he was within the Harrodsburg Street space earlier this yr and stopped by the location that was previously a Masonic Lodge.

He mentioned he had heard grading had began on the location. He was not contacted previous to building starting, which is required.

Sutherland mentioned he drove up the slight incline of the property and seen 4 pink oak bushes that stood in a row towards the again of the property weren’t there.

“The bushes have been gone,” Sutherland mentioned. “We have been shocked and disillusioned.”

Builders should designate vital bushes on a web site when submitting a growth plan. These vital bushes are usually older bushes, typically known as legacy bushes, that embrace sure species resembling bur oak, or bushes with giant diameters.

Sutherland, who began his job in September, mentioned the builders’ tree safety plan — which included the 4 pink oak bushes — was not enough. Throughout a web site go to in November, he discovered different older bushes on the property that ought to have been protected, he mentioned. That tree safety plan was submitted previous to Sutherland beginning his job.

When Sutherland discovered the 4 oak bushes had been eliminated, he notified metropolis planners.

Builders could make adjustments to a tree safety plan however usually solely with the OK of the city forester.

Halleny mentioned the proposal so as to add 116 bushes will surpass the town’s tree cover necessities. The bushes will probably be planted on the industrial space of the property, which the developer will nonetheless management after retail buildings are accomplished. If the bushes are positioned within the residential space, the brand new house owners of that property might lower these bushes down, Hallany mentioned.

Planning Fee not happy

Regardless of the addition of recent bushes, some Planning Fee members mentioned that they had issues.

The big bushes that have been razed present vital shade and different environmental advantages. The smaller bushes that will probably be planted will take a long time to mature and supply an identical profit, a number of fee members mentioned.

Judy Price, a fee member, mentioned defending the utmost variety of bushes on the property was a priority previous to the plan being accredited in March.

“We discovered it actually distressing to see these bushes gone,” Price mentioned.

Mike Owens, who has served a number of stints on the Planning Fee, mentioned this was not the primary time bushes designated for cover had been lower.

Can the town high quality the builders?

Tracy Jones, a lawyer for the town, mentioned the fines aren’t very steep. State legislation limits how a lot cities can high quality builders for tree elimination. The objective is to get compliance and have the issue mitigated — on this case, the planting of extra bushes, Jones mentioned. Planting lots of of bushes may be very expensive.

Placing enamel in future protections

Town is within the midst of fixing its tree safety ordinance to offer it extra enamel.

A number of the proposed adjustments will make clear there might be fines of as much as $500 per violation and extra civil penalties if builders or contractors raze protected bushes. It additionally makes clear the town’s environmental division can subject citations. The landscaping and tree safety zone textual content modification could also be mentioned by the Planning Fee in July or August, metropolis officers have mentioned.

Traci Wade, the town’s planning supervisor, mentioned the town can solely implement tree safety throughout growth.

“The present zoning ordinance is restricted in that the town has laws that shield bushes throughout building, growth actions,” Wade mentioned.” Publish growth, the town doesn’t have any mechanism to make sure protected bushes usually are not eliminated.”

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