The DeSoto City Council recently voted not to enact an ordinance regulating tree removal, but residents aren’t giving up.
Terrence Gore of the nonpartisan DeSoto Progressive Voters League, along with members of Dynamic DeSoto, a resident feedback forum, created a petition to have the council reconsider the ordinance and address what they call the “indiscriminate clear cutting of the remaining woods and forest areas in DeSoto” by developers, Gore said via email.
“Right now developers are coming in and clear cutting, like they do in the Amazon forest, for future development,” he said. “Landowners are doing the same. It’s easier and more profitable to sell developed land or ready to build than it is undeveloped.”
Gore said the proposed tree ordinance would have required developers to make plans with minimal impact to existing trees and replaces ones that are cut down.
But last month, Mayor Rachel Proctor and council member Andre’ Byrd voted against adopting the ordinance in a 5-2 vote. A 6-1 supermajority was needed because the Planning & Zoning Commission had recommended against it.
The ordinance fell short in numerous areas, Proctor said in an email.
“I want to see more direction around maintaining the trees we presently have in DeSoto’s beautiful urban tree canopy,” she said. “DeSoto’s Planning & Zoning Commission advised against adopting this ordinance, which reinforced my concern that it could hinder future development.”
City staff surveyed five local developers who opposed the ordinance, citing additional financial impact and development time. Some said they were less likely to start projects in cities with restrictive ordinances regulating tree removal.
Council member Candice Quarles said the changes had been in the works since December 2019, after a resident, Kelly Wittmann, brought photos to a city council meeting showing “how a developer butchered trees in our community.”
“As someone who cares deeply about protecting our greenspace in the community, I introduced a tree preservation discussion at a city council retreat in Feb. 2020,” Quarles said in an email. “While it wouldn’t preserve all trees, it provides a baseline on how to mitigate and protect some trees as best we can with policy that mirrors our neighboring cities such as Cedar Hill and Lancaster.”
Wittmann, who said she’s lived in DeSoto for more than 30 years, referred to a planned retail development near the intersection of South Cockrell Hill and West Wintergreen roads as a “tree cemetery.” She said residents have spent months advocating for the ordinance.
Under the proposal, developers would have had to pay a $25 application fee and complete a tree survey, a tree preservation and mitigation plan and a location map. The number of caliper inches removed, as well as the tree’s protected status, were to determine the number of caliper inches to be replaced and associated fees. For example, applicants would have had to pay $150 per caliper inch into a fund for tree planting in public spaces.
“I don’t believe that this ordinance was the best ordinance that we could put forward,” Byrd, the other “no” vote, said in an email. “I also think that we can prevent many problems in the future by improving the existing process. Simple requirements like having a certified arborist conduct a walkthrough before a proposed development goes before the Planning & Zoning Commission could prevent these types of problems down the road.”
The Progressive Voters League and other residents are seeking to obtain 2,000 signatures by May to have the city council reconsider adopting the tree ordinance. The council could also decide not to consider it and place it on the ballot in an upcoming election, city communications manager Matt Smith said in an email.
Petitioners, according to the city, must have the signatures of at least 30% of the number of qualified voters who voted in the last mayoral election. That would be about 981 voters out of the 3,271 residents who participated in the Feb. 2 special election, according to Dallas County elections data.
“All must be verified and meet City Charter requirements,” Smith said. “After that, it would appear to be up to the DeSoto City Council to consider and adopt the ordinance that was defeated or place it on the ballot in an upcoming election.”
