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HomeMy WebLinkAboutMinutes Planning Commission - 05/13/2009 REc�i MINUTES VE® REGULAR PLANNING COMMISSION MF.E'1'1NG Council Chambers-City Hall AUG r 2009 Wednesday,May 13,2009 5:30 P.M. CI7ySECRETARys AFF COMMISSIONERS: STAFF: ��E Rudy Garza.Chairman Johnny Perales,PE, Interim Assistant City A. Javier f iuerta. Vice-Chairman Manager Development Services James Skrobarczyk Faryce Goode-Macon,Assistant Director of John C.Tame?. Development Services/Planning Johnny R. MartinCZ Miguel S. Saldana,AICP,Senior City Planner Evon J.Kelly Lisa Wargo, Senior City Planner Govind Nadkarni ''' Absent Annissa Ganett,City Planner Mark Adams Jay Reining, First Assistant City Attorney John Taylor Elena Juarez.,Recording Secretary Marco Castillo,Projec:t Manager Dan McGinn,Project Manager Robert Payne,AICI',Senior City Planner Si usted quiere dirigirse a la comision y su ingles es limitado,habrA un interprete de espanol a ingles en la junta para ayndarle T. CALL TO ORDER A quorum was declared and the meeting was called CO order at 5:40 p.m. II. APPROVAL OF M1NI;tI S A notion to approve the regular Planning Commission minutes from April 29, 2(X)9,was made by Commissioner Martinez and seconded by Commissioner Kelly with a correction requested on page 4 paragraph 5 changing "Vice-Chair Adams"to Vice-Chair I luerta. Motion passed unanimously with Commissioner Nadkarni being absent. IV. PRESENTATION—DAVID LOEB Mrs_ Faryce Goode-Macon presented former Planning Commissioner David Loeb with a Wilhcltni Holland Plate as a token of the City's appreciation for his service on (he planning commission from July 3 l, 2007 to January 11,2009. III, PUBLIC HEARING AGENDA ITEMS A. PLATS . Continued Plats Mr.Miguel Saldana,Development Services,read Continued Plat agenda item "a'' (shown below) into the record stating the plat has been submitted for continuance to May 27,2009. SCANNED a. 040901 G-NPO]6(09-21000007) • l'tacmitLs Commission 1\1IMIIe May!3,2U09 Pagc 2 Wooldridge Creek Unit 8,Block I,Lots 1A& 1R (Final -20.75 Acres) - Located south of Holly Road between Nodciing Pines Drive and Airline Road. No public hearing was opened. Motion for continuance was made by Commissioner Taylor and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkarni being absent. Mr.Miguel Saldafia, Development Services,read Continued Plat agenda item "b" (shown below) into the,record stating the plat has been submitted for approval. b. 0409017-P002(09-22{100001) Margaret Kelly Land,Tract 3,Lot 1 (Final-5.01 Acres) Located north of Old Brownsville Road(FM 665)and south of South Padre island Drive(SH 358). Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Kelly and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkarni being absent. 2. New flats Mr.Miguel Saldana,Development Services.read New Plat agenda items "a-b" (shown below) into the record stating the plat has been submitted for approval. a. 0509019-N P017 (09-21000008) Bockholt Acres, Block 1,i.ot. I (Final-0.44 Acre) Located west of Bockhott Road and north of McUlein Road. h. 050902{1-P004(09-2200{)003) Gardendalie No.2,Block 6,I.ot 4A (final Replat-0.45 Acre). Located south of Curtis Clark Drive and east of Betty Jean Drive. Public hearing was opened. No one came forward in favor or opposition. Nanning C:ommistion Minutes May1+,2OI) No A Public hearing closed. Motion for approval was made by Commissioner Skroharczyk and seconded by Commissioner Martinez.Motion passed unanimously with Commissioner Nadkarni being absent. Mr. Miguel Saldana,Development Services,read New Plat agenda item"c-c" (shown below)into the record stating the.plat has been submitted for continuance to May 27,2009. c. 0509023-NP019(09-20000002) Nueces River Irrigation Park, Block 2.I.ots 2A&2B (Preliminary- 19.526 Acres) - Located south of Northwest Boulevard between I laze] Bazemore Road and FM 1889. d. 0509024•NP020(09-21000010) Carroll Lane Park Unit 2,Block 8,I.ot 4A (Final Replat - .04G Acre) - Located north of Golliiiar Road and south on South Staples Street. e. 0509025•N"P021 (09-21000011) Brooklyn,Block 86. I_ot IA(Final Replat -0.298 Acre) Located south on West Causeway Boulevard and cast of P.lm Street to Seagull Boulevard. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion for continuance was made by Commissioner Skrobarezyk and seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Nadkarni being absent. 3. Time Extension Mr. Miguel Saldaila,Development Services.read Time Extension agenda item "a" (shown below) into the record stating the plat has been submitted for approval of a six mouth time extension. 410 Planning Cu inn issiOit Mi Iititc* May t3,2t1D9 Pagc 4 a. 0407053-POl S The Grand Reserve Subdivision Unit I (Final - 16.268 Acres) Located south of Glenoak Drive between Flour Bluff Drive and Waldron Road. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion for approval was made;by Commissioner Taylor arid seconded by Conttn issioner Adamte.Motion passed unanimously with Commissioner Nadkarni being absent. The Planning Commission reconvened recessed. C, CORPUS CHRISTI BFACIIMUNE COMMITTEE MEETING AGENDA Wednesday—May 13,2(109 5:30 p.m. City Hall Council Chambers 1, CAT..I.TO ORDER A quorum was declared and the meeting was called to order at 5:50 pin by Chairman Garza. 2. BEACIiFRONI'CONSTRUCTION CERTIFICATE n. Case No.HCC0509-0I Application for a Beachfront Construction Certificate for construction of a pool and shade structure for developrnent amenities Island Park Estates,Block 2,Lot 8 located on the cast side of Slate Highway 361 and abutting the northern edge of Mustang Island State Park. The above case was presented by Robert Payne, Development Services. Mr. Payne stated the applicants are requesting a Beachfront Construction Certificate for construction of a pool and shade structure for development amenities_ Mr. Payne stated on November 30, 2005. the Beach Dune Committee issued a Certificate for a 57 lot residential subdivision including the construction of 56 single family residences, associated public infrastructure, and including a pool and shade structure for the subdivision on Block 2, Loot 8. Mr. Payne stated the three year beachfront construction Certificate expired on November 29, 2008 and the pool was partially completed but the shade structure was not started. Mr. Payne stated the current request contains a total foot print that is 2,360 square feet which is approximately 900 square feet smaller than the Ylannii�R Curu3fissiou Mit utc May 13.2009 Page 5 originally proposed pool and shade structure approved in 2005 (3,220 square feet). Mr. Payne also stated the shade structure will also house the pump for the pool and the entire area will he fenced in for public safety. Mr. Payne stated the Nueces County Beach Advisory Committee discussed this item at their April 22, 2009 meeting and recommended approval and approval by the Commissioners court is pending. Mr. Payne also stated the Texas General Land Office had no comment or objections. Mr. Payne stated staff recommends approval based on the following: is located landward of the 200 foot Erosion Area Line; is not located on an existing public beach access road; does not functionally support or depend on, or otherwise relate to proposed or existing structures that encroach on the public peach; does not include retaining walls • or impervious surfaces within MU feet of the vegetation line; and is consistent with the City of Corpus Christi Beach Access Plan and applicable state law. Public hearing was opened. No one came forward in favor or in opposition. l'ublie hearing was closed. A motion for approval was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Nadkarni being absent. 3. ADJOURNMENT OF BEACH/DUNE COMMITITEE Chairman Garza adjourned the meeting at 5:53 p.m. Planning Commission reconvened. B. ZONING 1. NEW ZONING a. Case No.0509-01 Paul Sutherland & Adam Pruneda —A change of zoning from "AB" Professional Office District to a"B-1" Neighborhood Business District resulting in a change of land use from office to business Alameda Park, Block 7,Lot 1 generally located on the corner lot Cast of Everhart Road and south of Harry Street. Annissa Garrett, Development Services presented the above.case stating the applicants are Paul Sutherland and Adam Pruneda. Mrs.Garrett stated the subject property is located in Alameda Park,Block 7,Lot 1,on the eststside of hverhart Road south of Harry Street. Mrs.Garrett stated the applicant is requesting a change of zoning from an"AB"Professional Office District to a"B-I" Neighborhood Business District to si 110— Planning ComutiiSI011 MLL Cs May Li.201)9 Pagc G continue the allowance of a tattoo establishment,in which a permit was issued by City Staff in error,thus allowing a commercial tattoo use in an office district. Mrs. Garrett stated the"AB"District provides for retail shopping and personal service uses which may include banks,beauty parlors,and restaurants and residential uses also permitted twenty(20)foot front yard setback,zero side and rear for nonresidential,ten(]0)feet for residential,thirty-five(35)foot height or 3 stories maximum. Mrs.Garrett stated the "B-1"District provides for retail shopping and personal service uses which may include banks,beauty parlors,and restaurants. Mrs. Garrott stated residential uses also permitted, twenty (20)foot front yard setback,zero side and rear for nonresidential,ten (10)feet for residential,thirty-five(35)foot height or 3 stories maximum. Mrs.Uarrelt stated thirty six (36)notices were mailed with zero(0) in favor and thirteen(13)in opposition as of 5:15pm May 13,2009,totaling 19.5%. Mrs. Garrett stated the case does not meet the 20%rule and is therefore considered noncontroversial. Mrs. Paryce Goode-Macon addressed the commission and stated the case is considered controversial due to community and residence concern. In response to Commissioner Skrobarczyk,Mrs. Garrett stated the properties to the north were in fact following a[rend in rezoning to"B-i"District. Public hearing was opened. Ray Govett,4146 Harry,came forward in opposition. Mr. Uovctt stated he has complaints with the re-zoning notice signage ending up in his yard. In response to Mr.Govett,Mrs. Goode-Macon stated the current zoning of the property allows for elevations to be covered by signage up to 25%. She also staled the City has not issued a sign permit for this property to-date. Paul Sutherland, [tre applicant,came forward and stated the following: We are in a terrible position that is beyond our control. When we opened up the Lucky 7 hack in April we followed all protocol for opening a new business with the City_ Looking a( the situation now it appears that from inception we were mislead and misinformed by many parties,the owner of the building and the City.Once we figured everything out,we applied for proper licenses,permits,etc_ . . by the City of Corpus Christi with no ' indication that we were in violation of any coning laws. We passed our required inspections and from ail indications we were given the go ahead to open up our business. We have lost out so much and it has been really hard. We are sorry the neighborhood is not agreeing with us but we don't see that we should have to suffer the consequences_ As it stands we aro in the hole$10,000. We lost out on placing yellow page ads because we couldn't sign any leases not knowing if we were going to be able to remain at the location, This is our livelihood and we feel a little discriminated against as well. We are not bad people and we are_just trying to make a living. We arc willing to fix any problems that the neighborhood might have." John E.Dougherty,658 Moray Street,came forward in opposition. Mr. Dougherty stated it is not right to look outside your home and see a neon sign. Mr. Dougherty stated there are parking access issues and he is frustrated that every few years he must come to the City to voice his complaints against possible rezoning of the property. tow Planning Commission Minutcs May 13,2(Xly Page 7 Nora Goveu, 4146 Harry came forward in opposition. She slated that she has been before the Planning Commission previously for the property. She stated her home is appraised at S200,000 and is worried the property value will decrease with the tattoo establishment in the area. She stated concerns about small children in the area. She also stated after a tattoo establishment then it would be possible to build a night club. Mrs. Govett also quotes the bible Leviticus 19:28 reflecting tattoos. in response to Mrs. Govett,Mr.Martinez reiterated the Special Permit would only allow for the tattoo establishment. Mr.Martinez stated he is opposed to the tattoo establishment. In response to Commissioner Martinez, Mrs. Govetl stated she was against the tattoo parlor regardless. Mrs.Govelt proceeded to explain problems she has had with the City's Backflow Prevention Department. Bart Bedsoe,4105 Harry,came forward and requested information regarding the notices sent out to property owners. f-aryce Goode-Macon explained the notice mail out procedure and the percentage process to Mr. Bedsoe. Mr. Bedsoe stated a tattoo parlor is nut his first choice for the property. Mr. Bedsoe also stated that he has met with the applicants and although he is not in favor of the tattoo establishment, would approve of the Special Permit but would like the Special Permit to apply only to the present tenants. Mr.Bedsoe voiced complaints regarding the City's ordinance and language and encouraged the landlord to come forward and speak. Tim Blackrock, 901 Carmel Parkway,came forward in opposition. Mr. Blacklock staled he does not like looking at the parlor as he drives by it. lie staled he understands the predicament the applicants are in and feels the City should refund the applicant's money in this matter. Mr.Blackrock stated the applicants should relocate 10 an area not adjacent to a residential area. Susan Doughtery, 658 Moray Place,came forward in opposition. Mrs. Douglitery stated two wrongs do not make a right and although the City made a mistake, the City should not allow this change. Mrs. Duughtcry stated she has complaints regarding parking and traffic_ Mr. Doughtery stated she requested the Planning Commission not allow the Special Permit and consider the feelings of the residents. Nancy Whitfield,4 l3 Harry Street,came forward in opposition. Mrs.Whitfield stated slie resents being at today's meetings. Mrs. Whitfield stated she has been a realtor for 36 years and has complaints about the property's upkeep. Mrs. Whitfield stated a City employee by the name of John Kircher made the mistake and also believes Mr.Solis, the land owner should be punished for misrepresentation. Mrs.Whitfield stated she has complaints regarding parking and curb jumping. Mrs.Whitfield stated she has lived in her home for years And also has complaints about the hours of operation. Mrs.Whitfield believes the City is in the wrong. Mrs. Whitfield submitted additional notices and also staled she feels the applicants should not have to suffer. Additional notices submitted in opposition invoked the 20%rule for the City Council hearing. Dcnic Lemley,618 Gulfshore Place,carne forward in opposition. Mrs.Lemley stated Pope 5 houses will be affected. She stated she never received a notice, and the value of her house will he affected. She stated based on her observation that tattoo parlors arc the hallmark of a blighted district and blight and tattoo parlors go together. 4 Nlanniug,Contmisskan Minute. May 13,/.009 Page IS Betsy Kiolbassa,4133 harry Street,came forward in opposition. Mrs.Kiolbassa stated the commission has already heard all of the arguments against the proposed zoning and thanks the commission for listening. Mrs. Kiolbassa requested the commission protect her neighborhood and she has been in the neighborhood with her family since 1969. She also requested that the commission not make her give directions to her home by stating"go down Everhart and take a right at.the body piercing and tattoo parlor." Mrs. Kiolbassa thanked the commission for their time. Barbara Shirley,60! Moray Place,came forward in opposition. Mrs. Shirley stated if the City made a mistake then the City needs to take care of the mistake and tattoo establishment is a "sore thumb" for the neighborhood. Public hearing closed. Vice-Chair 1-luerta stated he felt mislead by the City and questioned whether the property was in violation of the landscape ordinance. Tn response to Commissioner Skrobarczyk,Mrs.Goode-Macon stated the Special Permit could he designed to apply only to the current tenant,and a seven (7) foci masonry wall could be required along the rear including designation three(3)foot fence to prevent access to Harry Street if this is the recommendation of the Commission. Commissioner Martinez stated he was not opposed to the tattoo parlor,but would like to see the exterior of the building changed to a more conservative color that blended more appropriately with the neighborhood. Commissioner Taylor stated he would like to apologize to the applicants and the audience for the process of the Planning Commission. Commissioner Taylor also requested to speak with the owner,Marco Solis. Mr. Solis declined public comment. Vice-Chair Huerta apologized to the applicants. Tn response to Vice-Chair Buena,Mrs. Goode-Macon staled there is a limit on signage and to her knowledge there were no permits for the existing signage onsite.. Vice-Chair Huerta stated compatibility is an issue. Vice-Chair 1-luerta stated 9:00p.m. is]ate in regards to hours of operation and persons with body piercings or tattoos may be scary to young children. Commissioner Martinez stated he does not take issue with the tattoo establishment and addresses the applicants slating they may possibly have legal recourse. Chairman Garza stated tattoos are currently mainstream and tattoo establishments are no longer in seedy areas. Chairman Garza stated the applicants cannot he discriminated against based on their business. Chairman Garza also stated the traffic volume from this establishment would he less than if the properly were a beauty parlor. Chairman Garza addressed the audience and stated the applicants would very likely make good neighbors and he will strongly consider the Special Permit. Commissioner Kelly stated the issue is more of linking the tenants to the property. 110 Pluming Conlin i.sion Minutes May r1.?UCP Pigc9 Commissioner Martinez stated he would like the Special Permit to he changed to solely include the current tenant,to block the curb so there is no T tarry Street access: and add a 3 foot fence along Harry Street. A motion was made by Commissioner Martinez.and seconded by Commissioner Ski-obarczyk to table the case in order for staff to further develop special permit conditions as suggested by the Planning Commission at the May 27,2009, regular Planning Commission meeting was made. Motion passed unanimously with Commissioner Nadkarni being absent. Public hearing was opened. Nancy Whitfield,4 138 Whitfield,came forward for a second time in opposition. In response to Mrs.Whitfield, Mrs.Goode-Macon stated the employee who originally made the error has been counseled,and is receiving more braining on interpretation of the. ordinance. The zoning ordinance does not specifically state tattoo use. Such use has been interpreted for over forty(40)years as a persona!service use beginning in the"B-1" District. However,the staff member was thinking an artist studio in the "A-B" District included tattoo uses as well as canvas paintings,sculpture,pottery,stained glass,etc . . . Adam,Pruneda, applicant,came forward and stated he and Mr. Sutherland are willing to comply with any recommendation made by the Planning Commission. Mr. Pruneda stated tattooing is undertaken by all walks of life including nurses and lawyers and that despite their appearance which includes piercings and tattoos, he and Mr. Sutherland are good people. Susan Dougherty; 658 Moray,came forward again and stated the Commission would be rewarding the landlord hy allowing the Special Permit. Public hearing closed. h. Case No.0509.03 Roland &Robert Beck—A change of zoning from "F-R"Farm-Rural District and"B-4"General Business District to an "i-2"Light Industrial District resulting in a change of land USC from a vacant use to a light industrial use - Hudson Acres Annex.Block 1,Lot 10, located on the Southside of Leopard Street approximately 500 feet cast of Main Drive and 1,000 feet west of khew Road. Lisa Wargo, Development Services, presented the above case stating the applicants as Roland and Robert Beck. Ms.Wargo stated the applicants are requesting a change of zoning from"F-R" Farm-Rural District and a "13-4"General Business District to an"I-2" Light Industrial District resulting in a change of land use from vacant use to a light industrial use on the property described above. Ms. Wargo stated the purpose of the district is to provide for continued agricultural and cultivation. She also stated the following; the district also assists in the control of scattered commercial and industrial (1110 ler l'taimiug ccm,„ccicm Minulrs May 13,"(X1V Page 111 uses,use regulations permit single family dwellings,farm labor camp~, field and truck crops,brush and pasture land,livestock ranches except swine and guest ranches,and oil and gas wells, barns and accessory buildings are also permitted and a minimum lot size requirement of five(5) acres. Ms.Wargo stated regarding the"I-2" district: provides for light manufacturing, fabricating, warehousing,and wholesale distributing,off-street loading with access to a major street or railroad,front yard setback of twenty(20)feet,no side or rear yard setbacks, unless adjacent to residential district which would require tea (10)side and rear yard setbacks. Ms. Wargo stated staff is recommending approval of the applicant's request for a change in zoning from the"F-R"Farm-Rural and".B-4"General Business Districts to an "I-2"Light Industrial District for the outdoor storage of equipment and the construction of metal buildings in the future. in response to Commissioner Skrobarczyk, Yvette.Aguilar stated fencing would be required if the adjacent lot is occupied. In response to Commissioner Tamez,Lisa Wargo stated the Smart Growth Principles rating is low because there is currently residential development adjacent to the subject property. In response to Vice-Chair Huerta,Juan Perates,Development Services stated the case the Vice-Chair most likely recollects is the Rhuc Industrial tracts project. In response to Commissioner Skrobarczyk,Mr.Perales stated there were several items associated with Rhue Industrial tracts having to deal with Master Wastewater plan. Commissioner'NMI stated he was uncomfortable with light industrial district next to residential district. Public hearing was opened. Roland Beck,615 Colonial,Portland,TX, is the applicant and came forward in favor. Mr.Beck stated currently they arc using the area for light industrial and were unaware the area was in fact not zoned for light industrial. Mr. Beck slated he only wants the area zoned light industrial to allow for outdoor storage of oil rig vehicles. Mr. Beck also stated he had no interest in placing fencing along the property line because the storing of the oil rig vehicles is merely a courtesy to their customers. In response to Commissioner Taylor, Mr. Beck stated fencing might be considered if high dollar equipment is stored on the property_ in response to Commissioner Taylor, Mrs.Goode-Macon stated the "I-2" District requires fencing adjacent to residential properties. Public hearing closed. Motion to approve was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor_ Motion passed with Vice-Chair Huerta and Commissioner Tamez in opposition and Commissioner Nadkarni being absent. *110 Planing Commisaiun.Manta May 1'i,2t.'09 Pale.I l 2. PLANNED UNIT DEVELOPMENT Case No.0509-02 Carl&Sherry Badalich—A change of zoning front "AT" Apartment Tourist.District to a PUD2 Zoning District,governed by the regulations under Section 28-3(J)and 28-6 of the City's Zoning Ordinance. Tract I: Sunrise Shores, Block 1,I.ot I,Tract 2: Sunrise Shores,Block 1,a portion of Lot 3 consisting of.91 acres generally located on the east side of State lTighway 361,approximately one 1.7 miles north of the Mustang Island State Park. b. 0509022-NP018(09-21(}10009) Sunrise Shores Planned Unit Development(Final Replat - 1,91 Acres). Located between State Highway 361 and the Gulf of Mexico,north of Mustang Tsland State Park. The above stated case was requested to he tabled by John Bell, legal representative for the applicants. Mr.Bell requested tabling to the June 10,2009 regular Planning Commission meeting to allow the applicants to gather all necessary information, Motion for approval for tabling the case was made by Commissioner Martinez and seconded by Commissioner Skrobarezyk with Commissioner Nadkarni being absent. V. DIRECTOR'S REPORT A. ABSENCI?S April 29,2009 Mrs. Goode-Macon stated Commissioners Taylor and Adame have excused absences for April 29,2009 B. FUTURE SCJ I EIMJLED MEETINGS l'I,NGS Mrs.Goode-Macon stated the following are future regular Planning Commission meetings. May 27,2009 June 10,2009 C. CITY COUNCIL ACTION ON ZONING CASES Mrs.Goode-Macon stated the following rases were heard before City Council: Platuung Commission Minutes May 13.26:19 Page 12 May 12,2009 0309-03 Melvin Littleton—"F-R" to "1-3"— Denial in lieu there of Special Permit 0409-01 TNT Crane & Rigging•- "T-2" to "I-3"-.Denial in lieu there of Special Permit for above ground storage tank 0409-02 Morris L_Litchensticn,Jr., "13-3" to "B-4 — Approval 0409-03 Corpus Christi Athletic Chit), "II-3" to 13-4"—Approval Mrs. Goode-Macon stated the following case and text amendment are scheduled for City Council hearing: June 9,2009 0:0409-04 City of Corpus Christi—"B-2A"Barrier Island Business District/Island Overlay District to "R-1R" One-family Dwelling District!Island Overlay District June l6,2009 ARTICLE 27B LANDSCAPE REQUIREMENTS . PROFESSIONAL. REQUIREMENTS FOR SUBMITTAL F LANDSCAPE PLANS D. IDENTIFY ITEMS TO BE PLACE])ON NEXT AGENDA There were not items identified to be placed on next agenda. VJ. ADJOURNMENT Motion to adjourn was made by Commissioner Tamez and seconded by Commissioner Adame. Motion passed unanimously with Commissioners Nadkarni being -- absent and the meeting adjourned at 6:50 p.m. VV PalyceUo c-Macon Elena Juarez Assistant Director of Development Recording Secretary Services/Planning