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.
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)
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.
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.
1/3/2014 9:36:10 AM
Page 1 of 2
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:
Contact:
Property Owner
Applicant
Project Planners
Kosten Alan L & Susan (50%) And
Stanley & Judy Rosenblum (50%)
Guy Payne
Jaime Groce, AICP
Nancy Boatwright, AICP
Premier Management
Guy Payne & Associates
Town Of Collierville
2025 Miller Farms Rd.
Germantown, TN 38138
606-5330
N/A
jrose247@aol.com
879 Willow Tree Circle, Suite 114
Cordova, TN 38018
756-1878
756-1879
paynevol@bellsouth.net
500 Poplar View Parkway
Collierville, TN 38017
457-2368
457-2354
jgroce@ci.collierville.tn.us
Organization:
Address:
Phone:
Fax:
Email:
1/3/2014 9:36:10 AM
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EXHIBIT 1
Glynn Kirby
Architectural
Coordination Services
4716 Buckhead Circle
Arlington, TN
38002
901-491-4702
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
EXHIBIT 3
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.
Collierville, TN 38017
EXHIBIT 3
Photo of Proposed
Perkins Restaurant
960 W. Poplar Ave.
Collierville, TN 38017
EXHIBIT 3
Photo of Another
Finished Location with
Same features
EXHIBIT 3
Photo of Another
Finished Location with
Same features
EXHIBIT 3
Paint colors for Exterior
Re-image
Perkins Restaurant
960 W. Poplar Ave.
Collierville, TN 38017
EP-1 Paint, Glidden Professional,
#A1867—Burmese Beige (Semi-
EP-2 Paint, Glidden Professional,
#A1838—Meadowlark (Semi-Gloss)
EP-3 Paint, Glidden Professional,
#A1106—Wreath of Green (Semi-
EP-4 Paint, Glidden Professional,
#A1236—Prince Edward Isle (Semi-
EP-5 Paint, Glidden Professional,
#A0546—Copper Coin (Semi-Gloss)
EP-6 Paint, Glidden Professional,
#A1862—Burnt Bark (Semi-Gloss)
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
96” X 96” WINDOW AWNING
96"
98"
96"
30"
2’ EXTENSION
3
1
2
5
4
Perkins
JMS
12-11-12
CorpRest/Perkins/VA/Winchester