HomeMy WebLinkAboutSTAFF REPORT Black Canyon Inn 800 MacGregor Ave 2009-06-16
DATE: June 16, 2009
REQUEST: Approval to build twenty-six
dwelling/accommodation units. The development
plan also includes renovations to some existing
buildings as well as other existing units. All told,
there will be fifty-nine units, assuming approval
and build-out.
LOCATION: 800 MacGregor Avenue, within
the Town of Estes Park.
APPLICANT/OWNER: Sloan Investments, LLC
STAFF CONTACT: Dave Shirk (dshirk@estes.org, 577-3729)
SITE DATA TABLE:
Engineer/Consultant: Cornerstone Engineering
Parcel Number: 3524455001 Development Area: 14.4 acres (+/-)
Number of Lots: One Existing Land Use: Accommodations
Proposed Land Use: Same Existing Zoning: “A” Accommodations
Adjacent Zoning-
East: “E-1” Estate North: “E-1” Estate, “RM” Multi-Family,
“RE” Rural Estate
West: “E-1” Estate South: “RM” Multi-Family, “A”
Accommodations
Adjacent Land Uses-
East: Single-family residential North: Agricultural, Institutional (St.
Bartholomew)
West: Single-family residential South: Multi-family, accommodations
(The Overlook condos)
Services-
Water: Town Sewer: EPSD
Fire Protection: Estes Park Volunteer
Black Canyon Inn (DP 09-03)
Estes Park Community Development Department
Municipal Building, 170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com
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Page #2 – Black Canyon Inn, Development Plan 09-03
PROJECT DESCRIPTION/BACKGROUND: This is a request for a
development plan for the development of twenty-six units. These units would be in
addition to twenty-seven existing units. The site also includes a restaurant, four
employees units, pool, an outdoor pavilion, and an office.
The site is accessed via a private internal street, which also provides access to a
small condominium development a single-family dwelling.
The applicant proposes development in the eastern and southwestern portions of the
site. Staff does not support the proposed development of five units in the
southwestern portion of the site, due to limits of disturbance standards outlined in
Section 7.2.D of the Estes Valley Development Code.
This proposal requires waivers to cul-de-sac length and number of vehicle trips per
day; the Town Engineer has approved these waivers for reasons outlined later in the
report.
REVIEW CRITERIA: This development plan is subject to applicable sections of
the Estes Valley Development Code (EVDC). Depending upon the complexity of
the project, this section may be a brief summary of the standards of review or may
involve a more detailed analysis of the standards based upon issues relevant to any
particular project.
Zoning Requirements.
Land Use. The property is zoned for accommodations and residential use. Density
calculations were based on the residential land use category, which is lower density
than accommodations units.
Page #3 – Black Canyon Inn, Development Plan 09-03
Density. There are twenty-seven (27) existing units, with twenty-six (26)
additional units proposed, totaling fifty-nine (59) units. This requires 9.21 acres of
net land area, where 12.21 are available.
Density requirements vary between unit types. Detached units require 9,000 square
feet of net land area each, duplexes require 6,750 square feet, and multi-family
units require 5,400 square feet each. Density calculations were based on these
requirements and not the 1,800 square feet required for an accommodations unit.
In addition to the base density requirements outlined above, density has been
modified to account for slope, as required by Section 7.1. For each percentage
point by which average slope exceeds twelve percent, the base minimum land area
shall be increased by three hundred square feet per unit. The site has an average
slope of 16%. Therefore, an additional 1,200 square feet is required per unit. This
has been accounted for.
The project also includes four employee units. This complies with density limits
for employee housing units. Typically, these units would require a deed restriction.
However, in this instance the proposal has adequate land area to allow these units
“by right,” therefore, Staff suggests the deed restriction is not necessary.
Impervious Coverage. The “A” district has a maximum impervious coverage of
50%; the proposed 35% complies with this requirement. Impervious coverage will
be verified with the required as-built plans.
Pedestrian Amenities and Linkage Requirements. Table 4-8 requires provision for
pedestrian linkages. The Estes Valley Recreation and Park District has requested a
trail along MacGregor Avenue. This is described later in the report.
Appendix D.V requires that all sidewalks in non-residential zone districts have a
minimum width of eight-feet. The applicant proposes a five-foot wide sidewalk
Number
Base
area/unit
Slope
Adjustment
Total
area/unit
Total
area
MF units 52 5,400 1,200 6,600 343,200
Duplex units 6 6,750 1,200 7,950 47,700
SF units 1 9,000 1,200 10,200 10,200
Total Units 59 401,100
Gross Land Area 628,006
less 80% floodplain 49,230
less access easement 46,897
Net Land Area 531,879 s.f.12.21 acres
Required Land Area 401,100 s.f.9.21 acres
Density Calculation
Page #4 – Black Canyon Inn, Development Plan 09-03
along the interior street. Appendix D allows the Town Engineer to grant
modifications to this standard, which the Town Engineer has approved (5-foot is
the standard width required in residential zone districts).
In addition to the street sidewalk, the applicant proposes six-foot wide sidewalks
fronting interior parking lots, with 18.5-foot deep parking stalls. The proposed
parking stall depth means that one foot of the sidewalk counts toward parking stall
depth. This means the width of the sidewalk, in terms of code requirements, would
be five feet wide, and not the six delineated on the plat. Because these are interior
sidewalks that lead only from the parking lot to the guest units, Staff has granted
this modification to sidewalk width (5-feet instead of 8-feet typically required).
Setbacks. This proposal complies with the required setbacks, which have been
delineated on the development plan. Setbacks vary per lot line. For example, there
is a 25-foot setback from property lines adjacent to residentially zoned properties,
but 15-foot from property lines adjacent to accommodations zoned properties. The
site plan includes a “blanket” 25-foot setback. In addition to property line setbacks,
there is a 50-foot setback from wetlands, which has also been delineated on the site
plan. The parking area and a portion of the access drive serving Building G
encroach into the required wetland setback.
Building Height. Building heights vary from 28-36 feet, and will comply with
maximum building height. Staff will verify individual building height with each
building permit application, and a surveyor will field verify finish floor elevations
(as well as building locations).
Grading and Site Disturbance. Section 7.2 “Grading and Site Disturbance
Standards” applies to this proposal. No grading, excavation or tree/vegetation
removal shall be permitted, whether to provide for a building site, for on-site
utilities or services or for any roads or driveways, before issuance of a building
permit.
Limits of Disturbance. Section 7.2.D requires the Decision Making Body approve
proposed Limits of Disturbance for all development plans. This section includes
criteria for establishing Limits of Disturbance. It is Staff’s opinion the proposed
LOD do not meet these criteria.
Specifically, Building G in the southwestern portion of the site in relation to
riparian habitat and adverse impact on wetland buffering (evidenced by the need for
a variance to wetland setback, as described above and outlined below).
Staff suggests the proposed areas of disturbance, less units 1-5, do minimize the
overall site impact. This notion is based on:
1) The area with the most significant impact on the site is in the least visible
area.
2) Protection of the stream frontage is an important consideration.
Page #5 – Black Canyon Inn, Development Plan 09-03
3) Much of the site is rock outcroppings that are not possible to develop
without significant site disturbance.
4) The proposed impervious coverage is 60% of the maximum allowed.
5) The proposed density is 75% of the maximum allowed.
Staff suggests the site impact created is mostly to significant trees. Therefore, Staff
recommends the Planning Commission use the formula for replacement of
significant trees outlined in Section 7.3.D5, which requires two six-foot tall trees
for each coniferous tree removed. This section typically would not apply for trees
removed with approval of a development plan. However, due to the number of
significant trees removed, Staff suggests this section be applied. Application of
this formula would be allowed under the terms of Section 7.10 “Operational
Performance Standards”, which allows the Planning Commission to require
additional landscaping.
Furthermore, Staff suggests those trees to remain should be subject to landscaping
maintenance requirements set forth in Section 7.5.J.
Finally, Staff suggests the “replacement trees” not be subject to a separate
guarantee, but instead incorporated into the standard development plan agreement.
This would ease the clerical burden on both the applicant and staff, as there would
be one less agreement to monitor.
If the applicant revised the development plan to eliminate Units 1-5, and
replacement trees required, Staff suggests the overall plan would comply with
Limits of Disturbance standards.
Tree and Vegetation Protection. Tree protection fencing shall comply with
standards set forth in Appendix D.VIII. Existing trees to remain shall be fenced for
protection prior to any site work; the property owner should be aware of this
requirement and account for it in construction planning, as failure to fence trees
could result in a delay in issuance of permit.
See above for description of replacement trees. The applicant should be aware that
any trees shown to remain on the plan that are removed during construction will be
required to be replaced in accordance with Section 7.3. For example, if the sewer
main location changes during the final construction plan phase and would result in
removal of trees shown to remain, those will need to be replaced and guaranteed
through a separate agreement and form of collateral.
Landscaping and Buffers. Existing trees to remain exceed the amount of
landscaping required for impervious coverage and street frontage. Parking lot
perimeter plantings are not required, as the parking lots are either not large enough
to require or are interior to the site, with the exception of the eastern most parking
lot; this lot will be screened by district buffer.
Wetlands and Stream Corridor Protection. This proposal does not comply with
the minimum wetlands setback requirement of fifty (50) feet, and cannot be
Page #6 – Black Canyon Inn, Development Plan 09-03
approved by the Planning Commission. Approval of the parking area in the
wetland setback areas requires a variance be granted from the Estes Valley Board
of Adjustment. Staff suggests the variance should be obtained from the BOA prior
to approval of the proposed development plan. Staff also suggests the development
plan could be approved with a condition to remove proposed Units 1-5 along with
appurtenant site features such as utilities and drives.
The applicant has submitted a
wetlands investigation as part of
this review. This investigation
was prepared by Clifford Ham
with MEM Consulting, LLC.
Mr. Ham is on the list of
“Consultants for Wetland
Determination and Delineations”
with the US Army Corps of
Engineers, Omaha District,
Denver Regulatory Office.
The purpose of this study was to
determine if any portion of the
site fall under the Wetland
Jurisdictional Status as defined
by the United States Army Corps
of Engineers. Wetlands were
found along the east bank of the Black Canyon Creek, as shown on this map.
Wildlife Habitat Protection.
Wildlife Impact Assessment (see attachment). The applicant has submitted a
wildlife impact assessment as part of this review. This investigation was prepared
by Christopher Roe, Certified Wildlife Biologist, with Roe Ecological Services,
LLC.
This purpose of this assessment was to determine the potential impacts of the
proposed development on wildlife “making use of the property, and the area as a
whole.” Specifically, the assessment looked at potential impacts to:
1) Elk and deer loafing and foraging activity.
2) Elk and deer movement across the property.
3) Elk and deer calving/fawning habitat
4) Other potential wildlife species impacts, including potential bear problems.
The assessment offers three suggested recommendations for minimizing potential
impacts: timing restrictions, fence considerations, and bear-proof trash enclosures.
These have been included as suggested conditions of approval.
Review Standards. In addition to this wildlife habitat assessment, Staff has
reviewed this proposal for compliance with review standards set forth in Section
Page #7 – Black Canyon Inn, Development Plan 09-03
7.8 Wildlife Habitat Protection. Review standards include buffers, non-native
vegetation, exterior lighting, refuse disposal, and domestic animals.
Buffers: Proposed development meets the required wetland setback, and will
preserve the “pond” wetland area north of Black Canyon Drive (except for
proposed Building G).
Non-native vegetation: Only landscaping found on the preferred planting list,
including grasses, will be planted.
Exterior lighting: Exterior lighting will be subject to Section 7.9 “Exterior
Lighting.” Light fixtures will be reviewed by Staff prior to issuance of first
building permit to ensure compliance.
Refuse disposal: One new trash enclosure will be provided. This should be bear-
proofed (as noted on the plan). Architectural renderings have yet to be provided,
but should be subject to review and approval of Staff prior to submittal of mylars.
Domestic animals: Domestic animals will be subject to animal restrictions defined
in the Estes Park Municipal Code, which requires animals be kept under control of
caretakers.
Exterior Lighting. The proposed development will be subject to lighting
standards set forth in Section 7.9, which requires exterior lighting be shielded and
downcast.
A lighting “cut sheet” will need to be submitted for Staff review prior to issuance
of first building permit.
Off-Street Parking and Loading. Staff has calculated parking requirements only
for the proposed units. This is based on Section 7.11.A2, which states “off-street
parking spaces will be required only to serve the enlarged or expanded area, not the
entire building or use, provided that in all cases the number of off-street parking
spaces provided for the entire use must equal at least seventy-five percent of the
minimum requirements.”
The applicant requests a reduction in the parking requirement. The proposed
“residential” use (based on density) requires 2.25 spaces per unit. The applicant
has submitted a parking analysis based on the historic usage. The applicant’s
parking study indicates there are currently 1.85 parking spaces available per unit.
The property owner has indicated there has never been a shortage of parking, and
therefore requests a parking requirement of 1.5 spaces per unit. For comparison,
the Institute of Traffic Engineer’s Traffic Generation Manual has an average
parking rate of .89 for a motel with restaurant/lounge. The proposed parking plan
complies with the above request.
Page #8 – Black Canyon Inn, Development Plan 09-03
Building Required Proposed Difference
H 9 9 0
J 6 5 -1
K/L 12 8 -4
M/N 14 9 -5
O 5 5 0
P 5 4 -1
Q 9 5 -4
Total 60 45 -15
The development code requires 1 bike rack for every 20 parking spaces. This
requires 3 bike spaces, which should be shown on the site plan.
Adequate Public Facilities. No building permit shall be issued unless such public
facilities and services are in place or the commitments described in Section 7.12.C
have been made. This section requires that facilities are available to serve the
proposed development when building permits are issued.
Transportation. The submitted Traffic Impact Analysis finds no additional off-site
improvements are required. The Town of Estes Park Public Works Department has
reviewed this TIA.
The property owner requested waivers to the sections E1 (length of dead end street)
and E2 (vehicle trips per day) of Appendix D.II. The code limits cul-de-sac length
to 1,000 feet where approximately 1,900 feet are proposed. The code also limits
the number of vehicle trips per day to 120 trips, where 821 are projected (per the
submitted TIA).
Staff suggests the proposed secondary access would benefit The Overlook
condominiums, Ridgeview condominiums, and private in-holdings in the Black
Canyon area. Based on this, Staff supports granting the variances to cul-de-sac
length and number of units on a dead-end street.
A condition of approval should be recordation of this emergency access prior to
submittal of the development plan mylars. Furthermore, a reciprocal easement
through the Black Canyon property should be recorded prior to submittal of
development plan mylars.
The Town Engineer has granted these requests, as allowed per Appendix D.I.D.
The waivers provide mutual emergency access between the Overlook and Black
Canyon Inn, helps minimize the number of access points on MacGregor, and
minimizes disturbance of the wetlands area located along the east side of
MacGregor Avenue.
Electric. All electric service is to be placed underground. Final construction plans
will be subject to approval of the Light and Power Department.
Page #9 – Black Canyon Inn, Development Plan 09-03
Sanitary Sewer. New development will require extension of an 8” main. Service
will be provided by the Estes Park Sanitation District. The District has noted an
additional manhole will be required, the proposed main line is labeled as a 6” and
needs correction, and the sewer main location north of Units 25 and 26 will need
slight adjustment. Additionally, the District has requested an easement for the
service line serving Ridgeview Condominiums. These have been included as
suggested conditions of approval. Staff recommends the requested easement be
recorded prior to issuance of any building permits.
Water. This development will require a water main extension, which will require
approval of construction plans. The submitted Statement of Intent suggests service
lines be determined with building permit applications to determine size.
However, the Water Department has noted these will need to be determined with
construction plans.
Drainage/Water Quality Management. The drainage report has been submitted to
Public Works for review and approval. This drainage report calls for use of porous
landscape water quality pond areas for stormwater quality; these facilities are
considered a form of “best management practices” (BMP) found in the Urban
Drainage and Flood Control District’s criteria (this is the adopted stormwater
manual).
All required drainage facilities shall be installed and accepted in accordance with
Section 7.12.F, which allows 25% of building permits to be issued prior installation
of the drainage facilities. The phasing plan shall address this requirement.
Fire Protection. The submitted ISO calculations indicate adequate fire flow will be
available after installation of two proposed fire hydrants (in conjunction with four
existing).
Per Section 7.12.G, all required fire protection requirements shall be installed prior
to issuance of a building permit. The phasing plan shall address this requirement.
Staff suggests a condition of approval be the installation and acceptance of the
secondary point of access prior to issuance of any building for additional units.
REFFERAL COMMENTS AND OTHER ISSUES: This request has been
submitted to all applicable reviewing agency staff for consideration and comment.
Town Attorney White had comments regarding signature blocks and the secondary
emergency access easement. These have been included as suggested conditions of
approval.
Page #10 – Black Canyon Inn, Development Plan 09-03
Public Works. As of Tuesday June 2, Community Development had not received
comments from the Engineering Division of Public Works. Other comments from
Light and Power/Water have been included as suggested conditions of approval.
Estes Valley Recreation and Park District has requested “a public trail along the
front end [of] the property along MacGregor Avenue.”
Staff supports this request, which is supported by Table 4-8 “Pedestrian Amenities
and Linkage Requirements Nonresidential Zoning Districts”, which requires, in
part, “to the maximum extent feasible, provision shall be made in the design of
developments for interconnections with existing or planned . . . trail systems.”
EVRPD has noted a preliminary plan for the Devils Gulch/Dry Gulch Trail loop in
this area, and on this side of Devils Gulch Road/MacGregor Avenue.
Section 7.4 “Public Trails and Private Open Areas” requires dedicated public trails
have at least a 25-foot wide land area (in this instance a trail easement) and that
trails comply with design criteria set forth in any bike/trail plan adopted by the
Town of Estes Park (this area is identified on Map 5.11 “Hike and Bike Trails
Plan” in the Estes Valley Comprehensive Plan).
Building Department. The Building Department has listed five comments that
must be addressed prior to approval. Staff has included compliance with the
Building Department memo as a suggested condition. These issues relate to
accessibility, and will be verified prior to presentation of mylars for signature by
the Chair. Staff suggests any changes that may be required to the site design, such
as accessible parking spaces and routes, can be approved by Staff through the
minor modification process. Any necessary changes that exceed the limits set forth
in Section 3.7 will require the applicant to present changes to the Planning
Commission.
Neighborhood Comments. Staff has received one email comment from a resident
of the Overlook Condominiums, as well as a two letters from the Overlook
Condominium Board, who has expressed opposition to this proposed emergency
access. This is in contrast to a supplemental condominium application that
delineates an emergency access easement across the Overlook property. Any
approval of the Black Canyon development plan should include a condition of
approval that the access easement be secured.
Staff has also received letter from the “Smedley” family, owners of property on the
west side of MacGregor Avenue, expressing opposition to the proposed units in the
southwest portion of the lot (those fronting MacGregor).
STAFF FINDINGS AND RECOMMENDATION: Based on the foregoing,
Staff finds:
Page #11 – Black Canyon Inn, Development Plan 09-03
1. The applicant should carefully review the Staff report, which contains several
references to Code requirements. Failure to satisfy these requirements could
lead to a delay in issuance of building permits or certificates of occupancy.
2. If all recommended conditions of approval are required, the development plan
will comply with all applicable standards set forth in this Code.
3. This request has been submitted to all applicable reviewing agency staff for
consideration and comment.
4. The Planning Commission is the Decision-Making body for the development
plan.
Therefore, Staff recommends APPROVAL of the proposed “Black Canyon Inn”
Development Plan 09-03 CONDITIONAL TO:
1. Compliance with approved development plan and architectural plans. Approval
of this development plan shall supersede all previous development plan
approvals.
2. The development plan shall be revised to account for the following:
a. Proposed Units 1-5 (Building G) and appurtenances shall be removed from
the plan.
b. Submittal of a phasing plan outlining sequential utility installation
(including fire hydrants and stormwater facilities) and development of units.
c. Architectural renderings for the proposed bear-proof trash enclosure.
d. Delineate number of significant trees to be removed, and include number of
replacement trees. Section 7.3.D shall be used to determine replacement
tree requirements.
e. Include the note: Significant trees to remain shall be subject to maintenance
requirements set forth in Section 7.5.J of the Estes Valley Development
Code.
f. Include the note: No construction activity shall be initiated between April 1
and July 15 of any year.
3. Compliance with the following memos/letters/emails:
a. EPSD to Dave Shirk dated May 13, 2009.
b. Greg Sievers to Dave Shirk dated May 8, 2009.
c. Greg White to Dave Shirk date April 16, 2009.
d. Public Works (Tracy Feagans) to Dave Shirk dated April 24, 2009.
e. Estes Valley Recreation and Park District to Dave Shirk dated April 21,
2009.
f. Will Birchfield to Dave Shirk dated April 27, 2009.
g. Corps of Engineers to Dave Shirk dated April 14, 2009.
h. Scott Zurn to Dave Shirk dated June 2, 2009.
4. Prior to issuance of a grading/building permit for new development:
a. Development Agreement and form of guarantee shall be submitted.
Page #12 – Black Canyon Inn, Development Plan 09-03
b. An emergency access easement through the Overlook condominiums shall
be recorded with the Larimer County Clerk. This easement shall also
provide for emergency access through the Black Canyon property to the
Overlook condominiums, and shall be subject to review and approval of
Town Staff prior to recordation.
c. Final construction plans shall be approved by the Town of Estes Park Public
Works Department, EPSD, and the EVRPD.
d. The “sheep fence” as noted on page 5 of the wildlife impact assessment
shall be removed.
5. Prior to issuance of a certificate of occupancy, a 25-foot wide public trail access
easement shall be dedicated, and shall be subject to review and approval of
Town Staff prior to recordation. The applicant should account for this in their
development schedule, as dedication of the trail easement will require Town
Board action.
SUGGESTED MOTION: I move APPROVAL of Development Plan 09-03
“Black Canyon Inn” with the findings and conditions recommended by staff.
Attachments:
-Wetlands Report
-Wildlife Impact Assessment
June 17, 2009
Sloan Investments, LLC
ATTN: Jim Sloan
800 MacGregor Avenue
Estes Park, CO 80517
RE: Black Canyon Development Plan DP 09-03
To Whom It May Concern:
The Estes Valley Planning Commission reviewed the Black Canyon Development Plan
DP 09-03 on Tuesday, June 16, 2009, at the regular monthly meeting. At that time, the
Planning Commission voted unanimously 7-0 to APPROVE CONDITIONAL TO:
1. Compliance with approved development plan and architectural plans. Approval of
this development plan shall supersede all previous development plan approvals.
2. The development plan shall be revised to account for the following:
a. Proposed Units 1-5 (Building G) and appurtenances shall be removed from the
plan.
b. Submittal of a phasing plan outlining sequential utility installation (including fire
hydrants and stormwater facilities) and development of units.
c. Architectural renderings for the proposed bear-proof trash enclosure.
d. Delineate number of significant trees to be removed, and include number of
replacement trees (one replacement tree for each significant tree removed).
e. Include the note: Significant trees to remain shall be subject to maintenance
requirements set forth in Section 7.5.J of the Estes Valley Development Code.
f. Include the note: No construction activity shall be initiated between April 1 and
July 15 of any year.
3. Compliance with the following memos/letters/emails:
a. EPSD to Dave Shirk dated May 13, 2009.
b. Greg Sievers to Dave Shirk dated May 8, 2009.
c. Greg White to Dave Shirk date April 16, 2009.
d. Public Works (Tracy Feagans) to Dave Shirk dated April 24, 2009.
e. Estes Valley Recreation and Park District to Dave Shirk dated April 21, 2009.
f. Will Birchfield to Dave Shirk dated April 27, 2009.
g. Corps of Engineers to Dave Shirk dated April 14, 2009.
h. Scott Zurn to Dave Shirk dated June 2, 2009.
4. Prior to issuance of a grading/building permit for new development:
a. Development Agreement and form of guarantee shall be submitted.
b. An emergency access easement through the Overlook condominiums shall be
recorded with the Larimer County Clerk. This easement shall also provide for
emergency access through the Black Canyon property to the Overlook
condominiums, maintenance, and shall be subject to review and approval of
Town Staff prior to recordation.
c. Final construction plans shall be approved by the Town of Estes Park Public
Works Department, EPSD, and the EVRPD.
d. The “sheep fence” as noted on page 5 of the wildlife impact assessment shall be
removed.
Please review the project status sheet, available through our office or on-line. Revisions
must be finalized and submitted no later than July 21, 2009.
Should you have any questions or comments regarding this matter, please feel free to
contact me (577-3729) or Bob Joseph (577-3725) at your convenience.
Respectfully,
_____________________
David W. Shirk, AICP
Planner
cc: Cornerstone Engineering