For Immediate Release November 10, 2015
City Receives Petitions on Plano Tomorrow Plan
A citizens’ group submitted petitions today to the city secretary calling for a referendum to repeal the Plano Tomorrow Plan. The City publicly stated prior to the petition being circulated that the comprehensive plan is not subject to referendum. After the city learned that a petition was being circulated, the City reached out to the petitioners on several occasions to invite them to submit any contrary legal analysis to the City for consideration in an attempt to resolve any disputes over the issue (City Managers communications to the group are attached). The petitioners never responded to the City’s request. The City maintains the position that the comprehensive plan cannot be submitted to the voters as explained below.
Texas courts have ruled that certain subjects are beyond the power of a city to submit to popular vote. One of these subjects is zoning. Zoning ordinances must be adopted pursuant to a specific process including a requirement for hearings and review by the planning commission. Since state law sets out a specific process for adoption of zoning ordinances, cities are not authorized to alter that process by submitting zoning ordinances to initiative or referendum.
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. Zoning regulations are required to be adopted in accordance with the comprehensive plan. Plano’s development regulations incorporate the comprehensive plan by reference. Because it is inextricably part of the zoning process and, like other zoning ordinances, is required to be adopted or amended following hearings and planning commission review, the ordinance amending the comprehensive plan can not be submitted to the citizens for a vote.
A report will be provided to City Council at their November 23 meeting.
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Media Contacts
Steve Stoler
Director
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Ph. (972) 941-7321
Mo. (972) 345-1393
About Plano
Plano, Texas, is the largest city in Collin County with a population of 271,140 as of January 2015. Incorporated in 1873, the city is located 20 miles north of Dallas. Plano was recently named the third Best Run City in America by 24/7 Wall Street. The City offers a high quality of life that includes: nationally-recognized schools, award-winning parks and sustainability initiatives, designation as one of America’s safest cities by Forbes magazine, and a wide variety of multi-cultural neighborhoods appealing to families, young singles and retirees. Plano is home and future home to many major international corporations and Fortune 500 headquarters such as Toyota, Liberty Mutual, FedEx Office, JC Penney, Dr. Pepper/Snapple Group, Rent-A-Center, Cinemark Holdings, Denbury Resources and Alliance Data Systems. The dynamic community features excellent restaurants, vibrant shopping and entertainment venues, a lively historic downtown district and active local arts scene. Easy access to DART light rail and major highways makes Plano a convenient place to live, work and visit. To learn more about Plano, go to our website at plano.gov.