Dallas Morning News / March 11, 2000 / Annette Reynolds

Developers settle with town over trees

Flower Mound to get land, cash after bulldozing

          FLOWER MOUND - Two developers who violated Flower Mound's tree preservation ordinances when they bulldozed 317 trees have reached a settlement with the town, officials said.

          Instead of paying more than $1.8 million in fines, the developers will provide the town with $1.5 million in a combination of land, trees and cash.

          The town has agreed to drop enforcement actions against Peter Shaddock, developer of the Woods of Wellington subdivision, and John Baker, developer of the Wellington Estates subdivision.

          “Both of the developers have stepped up to the plate and accepted responsibility for what they did,” Mayor Lori DeLuca said... “That’s all we can ask for. The settlement allows both the town and the developers to avoid the legal expenses…”

          Neither developer could be reached for comment.

          Mr. Shaddock has donated 10 acres at the northwest corner of Chinn Chapel Road and FM 407, worth an estimated $1.02 million. He is also giving the town an option to buy another 10 acres adjacent to the donated property, at a fair market value not exceeding $50,000 an acre.

          Mr. Shaddock also will donate 69 2.5 -to 3-inch caliper trees to be planted in the Woods of Wellington subdivision.

Mr. Baker has donated 354 2-inch caliper trees to be planted in Wellington Estates. He also has donated $25,000 in cash, to be used for tree plantings in parks, for acquisition of parkland, or for the town's Roadway Beautification Program.

          “I think this is an excellent settlement for the town,” town attorney Terry Welch said. “It shows the resolve of the town in the town council to vigorously enforce their tree preservation ordinances. I appreciate the Corporation shown by the developers and their attorneys in resolving these matters.”

          Paul Cauduro, director of government relations for the Home Builders Association of Greater Dallas, said he is glad the settlement was reached.

          “Most (builders) do conform to the existing laws and ordinances, and they know it's important to preserve the trees”, Mr. Cauduro said.

          Developers deal with many contractors and subcontractors, and sometimes communication breaks down, he said.

          “I don't think these developers had any purposeful intent to break the ordinances,” he said. “Many of the subcontractors come on the site, do what they have to do, and hurry on to the next job.”

          Sherillyn McGee, a resident of the town who spoke against the developers' actions at a Town Council meeting last year, said the settlement seems to be a win-win situation.

          “I do feel strongly that restitution for the damage caused was needed,” she said. “I hope it sends a signal to other builders that damaging trees will not be tolerated in Flower Mound.”