A petition to put the Plano Tomorrow comprehensive plan to a public vote was received by city officials Nov. 10. Plano Future, a group of residents opposed to the plan, gathered more than 4,000 petition signatures from Plano residents.

The city released a statement explaining that comprehensive plans are not subject to a referendum. The statement also included emails to members of Plano Future from City Attorney Paige Mims citing several sections from the Texas Local Government Code to support its findings.  Other documentation indicated the city was willing to review any legal analysis from the petitioners. City Manager Bruce Glasscock said attempts to reach out to the Plano Future Committee via email were received with no response.

“State law sets out a specific process for adoption of a comprehensive plan, which is part of the zoning framework, and not subject to referendum,” according to the city’s statement. “While the comprehensive plan is not an individual zoning regulation and does not determine zoning district boundaries, it provides the framework and policy for zoning.”

Plano Future consists of homeowners who have been voicing concerns about the city’s new guidelines for growth for several months. The Plano City Council approved the comprehensive plan in a 6-2 vote at its Oct. 12 regular meeting. Planning and zoning commissioners approved it in a 5-2 vote on Sept. 21.

Mims said state law prohibits a referendum to repeal the Plano Tomorrow Comprehensive plan due to the fact that it falls under the umbrella of the city's planning and zoning responsibilities.

The city’s statement also said Texas courts ruled that particular topics such as zoning are not within the city’s power to submit to popular vote since such subjects go through a process of public hearing and review by the Planning and Zoning Commission.

“While the comprehensive plan may not determine the zoning of a particular property, the statutes provide that zoning regulations must be adopted in accordance with a comprehensive plan,” stated Mims in an Oct. 20 email to a member of the Plano Future group.

Representatives for Plano Future said since section 213.005 of the Texas Local Government Code states that a comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries, it should be allowed for a referendum since it is not a zoning regulation.

The group also cited Section 211. 004, asserting that the adopted plan does not follow the guidelines for which it was designed for, such as preventing overcrowding of land and lessening roadway congestion.

The City Secretary's office is processing the petitions and is expected to provide a detailed report to the Plano City Council during its regular meeting on Nov. 23.

Kelley Crimmins contributed to this story.

11-10-15 City Receive Plano Tomorrow Petitions Press Release

Email from City Manager requesting legal position from petitioners

Oct. 20 Email from Plano Future to City Attorney

City attorney response to Plano Future