report to the design review commission

Agenda Number: DRC 13-16 MEETING DATE: January 9, 2014

REPORT TO THE DESIGN REVIEW COMMISSION

SUBJECT: Appeal of an administrative interpretation of the Design Guidelines in a letter dated December 20, 2013, by Diana Dubois related to the review of an Exterior Alteration application. INTRODUCTION: Guy Payne, representing Perkins Restaurant and Bakery, is requesting an appeal from staff interpretation (see Exhibit 2) of the Design Guidelines related to Site Plan Modifications/Exterior Alterations (see Exhibit 1) in accordance with the new corporate branding. The 0.73 acre subject property is located at 960 W. Poplar Avenue, on the northeast corner of Poplar Avenue and Market Street (Lot 1 of the Market at Poplar Subdivision). The subject property is zoned SCC Shopping Center Commercial.

EXHIBITS: 1. Applicant’s cover letter requesting Exterior

Alterations (12/2/13). 2. Staff comments by Diana Dubois in response to

12/2/13 application (12/18/13) 3. Applicant’s letter of appeal to DRC with existing site

photos, color samples, color elevations, and architectural elevations (12/27/13)

BACKGROUND: The 5,588 square foot building was built as a restaurant in 1991, which predates the current regulatory environment (Design Guidelines); however, the materials (brick, stone, tile, awnings) and colors are consistent with the intent of the current Design Guidelines. Design guidelines are a commonly used tool intended to balance the welfare of the general public with the interests of individual property owners. In their various forms throughout the years, the Collierville Design Guidelines have been used by design professionals and applicants to work toward designing buildings and related site improvements that are compatible with their surroundings and appropriate for the Town of Collierville. Collierville has had design guidelines since 1994 and several amendments have been made through the years. The Board of Mayor and Aldermen (BMA) adopted the Design Guidelines in its latest form in May of 2011. Within this context of regulatory and construction history, the proposed exterior alterations (Exhibit 1) was reviewed administratively. Staff can only approve exterior alterations that are consistent with the Design Guidelines, and upon review (see Exhibit 2), they asked for changes to bring the proposed modifications into conformance with the Design Guidelines. ISSUES: The issue is whether Mrs. Dubois, on behalf of the Town, was in error or acted in an arbitrary manner in her determinations contained in the December 18, 2013 staff comments sent to the applicant’s representative. The only comment in dispute is comment #3 (see Exhibits 2 and 3) about the color of blue proposed (Glidden Price Edward Isle) and whether or not it is one of the “muted, earth tone tints” contemplated as being locally appropriate by the Design Guidelines (DG, Chapter IV, Section C5b). The Guidelines list shades of “reds, browns, tans, grays, and greens” as clearly meeting the intent of the Guidelines, but certain shades of blue have been approved in recent years. DISCUSSION: The purpose of this request is for the Design Review Commission (DRC) to affirm (or find error in) staff’s decision regarding the proposed color of blue intended to be used in the exterior alterations of the Perkins Restaurant and Bakery to create a new franchise brand image both locally and nationally. If the DRC affirms the interpretations in Mrs. Dubois’ December 18th memo, then it would be appropriate for the DRC to direct the applicants’ representative as to what colors would meet the Design Guidelines.

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The Staff comments (Exhibit 2 - comment #1) reference Design Guidelines Chapter IV, Section C1, which says that, “franchises must also meet these Guidelines and blend with Collierville’s character…In recent years national retail chains have developed more options in their standardized designs…New franchise designs shall be modified as needed to follow the guidelines listed in this document,”; however, the applicant (see Exhibit 3) asserts that this new design is nationally important as this store will be an example for future Perkins renovations across the country. Color has been the issue most appealed to the DRC since 2011, with shades of blue being the most disputed franchise color. In a recent administrative application, exterior alterations to the Malco Cinema to the north of the subject property, the DRC in a work session discussed that the proposed teal color used on a wall surface about the entry met the intent of the Design Guidelines. Also in a work session the DRC discussed that a dark blue color used on the Mercedes dealership being constructed at the corner of Shelby Drive and Houston Levee Blvd also met the intent of the Design Guidelines; however, the DRC affirmed the staff’s opinion in February 2013 that the lighter blue proposed for renovations of the Sunrise dealership at SR385 and Houston Levee needed to be modified to meet the intent of the Design Guidelines. Given the DRC’s opinion on the Mercedes blue, a similar dark blue color was administratively approved for exterior alterations for a walk-in clinic on the south side of Poplar Avenue near the subject property (Perkins). At the DRC meeting to consider the appeal, examples of the four most recently used of the color blue will be provided for review. NEXT STEPS: If the applicant is not in agreement with the determination of the DRC an appeal can be submitted to the BMA for review of the appeal. Signage is not included in this review or appeal. A sign permit application shall be submitted to the Planning Division prior to the erection of any signage. If Staff’s determination is affirmed, then the plans (Exhibit 3) must be revised and resubmitted with the required application to the Planning Department for review using a color that meets the Design Guidelines as noted in the Exhibit 2. EXAMPLE MOTION (BASED ON APPLICANT’S REQUEST): To move to overrule the actions of staff’s interpretation of the Design Guidelines related to an Appeal of an administrative interpretation of the Design Guidelines in a memo dated December 18, 2013 (specifically comment #3), by Diana Dubois related to the review of a Site Plan Modification/Exterior Alteration application for the Perkins Restaurant and Bakery. If the DRC votes to overrule the actions of staff’s administrative interpretation as noted in the memo of December 18, 2013 regarding the Design Guidelines requirements, then the DRC should provide for the record an explanation of the decision to the motion (and why the color blue is appropriate). If the DRC does not overrule the staff’s interpretation of the Design Guidelines over the use of the color blue, the DRC should state the necessary revisions to the color to meet the intent of the Guidelines (e.g., use other color on building, use a color found in the area). CONTACTS:

Property Owner Applicant Project Planners

Contact: Kosten Alan L & Susan (50%) And Stanley & Judy Rosenblum (50%) Guy Payne Jaime Groce, AICP

Nancy Boatwright, AICP

Organization: Premier Management Guy Payne & Associates Town Of Collierville

Address: 2025 Miller Farms Rd. Germantown, TN 38138

879 Willow Tree Circle, Suite 114 Cordova, TN 38018

500 Poplar View Parkway Collierville, TN 38017

Phone: 606-5330 756-1878 457-2368 Fax: N/A 756-1879 457-2354

Email: [email protected] [email protected] [email protected]

December 2, 2013

Town of Collierville 500 Poplar View Parkway Collierville, TN 38017 Attn: Diana Dubois Re: Request to submit for DRC work session Exterior remodel / Sign Elements for Existing Perkins Restaurant & Bakery at 960 W. Poplar Ave. Collierville, TN 38017

Dear Mrs. Dubois:

Please accept this letter and the attached documents for submittal for the DRC work session on December 12, 2013. Perkins is in the process of upgrading the concept image throughout the country in order to separate Perkins from its competition. The new concept has been successfully tested in other regions of the country and has been well received by our guests. The Collierville location will be the first to receive the new look in the Memphis market. The change in color and finishes is an attempt to change the plain appearance of the building to a more interesting design that will give Perkins a more upscale identity.

This will be accomplished by modifying the existing arched entry sign element to add a new constructed arched keystone element, new oval sign and new arched metal canopy over the existing front doors that highlights the entrance. The existing window awnings and awning light fixtures will be replaced with new metal awnings and light fixtures at the dining room windows and corner false windows. There will be several different exterior colors to add interest and compliment and highlight the existing and new E.I.F.S. finish on the building. All existing brick on the building will remain as is. The use of earth tone colors with a mixture of bright vibrant colors will enhance the dining experience as well as upgrade the curb appeal of the restaurant.

Sincerely,

Glynn Kirby Architectural Coordination Services

Glynn Kirby

A r c h i t e c t u r a l C o o r d i n a t i o n S e r v i c e s 4 7 1 6 B u c k h e a d C i r c l e A r l i n g t o n , T N 3 8 0 0 2 9 0 1 - 4 9 1 - 4 7 0 2

EXHIBIT 1

EXHIBIT 3

EXHIBIT 3

Photo of Existing

Perkins Restaurant

960 W. Poplar Ave.

Collierville, TN 38017

EXHIBIT 3

Photo of Existing

Perkins Restaurant

960 W. Poplar Ave.


EXHIBIT 3

Photo of Proposed

Perkins Restaurant

960 W. Poplar Ave.


EXHIBIT 3

Photo of Another

Finished Location with

Same features

EXHIBIT 3

Photo of Another

Finished Location with

Same features

EXHIBIT 3

EP-1 Paint, Glidden Professional,

#A1867—Burmese Beige (Semi-


#A1838—Meadowlark (Semi-Gloss)


#A1106—Wreath of Green (Semi-


#A1236—Prince Edward Isle (Semi-


#A0546—Copper Coin (Semi-Gloss)


#A1862—Burnt Bark (Semi-Gloss)

Paint colors for Exterior

Re-image

Perkins Restaurant

960 W. Poplar Ave.


Paint colors shown are for reference only and may not be an exact match to actual paint samples / paint. Please refer to

actual Glidden Professional Paint sample chips for actual color.

Printed colors cannot be exact color matches for the paint that comes out of the can. Photographs and paint swatches

that depict colors on a computer or printed images can vary depending on your printer quality, ink type, etc. Color

chips can be ordered from www.gliddenprofessional.com.

EXHIBIT 3

EXHIBIT 3

EXHIBIT 3

EXHIBIT 3

EXHIBIT 3

CorpRest/Perkins/VA/Winchester

96” X 96” WINDOW AWNING

Perkins

JMS 12-11-12

25" 23"

84"

30"4

96"

96"

98"

2’ EXTENSION 13 2 5

EXHIBIT 3

Documents

report to the design review commission