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CITY OF DOVER BOARD OF ADJUSTMENT AGENDA Wednesday, February 18, 2015 at 9:00 AM City Hall Council Chambers 15 Loockerman Plaza, Dover, Delaware ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES of January 21, 2015 Meeting NEW BUSINESS Applicant #V-15-03 20, 28, 30, 32, 40, and 48 South Kirkwood Street. Central Delaware Habitat for Humanity has requested a variance from the requirements of Article 4 §4.2 of the Zoning Ordinance pertaining to minimum lot width in the RG-1 zoning district for one-family detached dwellings. Subject properties are zoned RG-1 (General Residence Zone). The Tax Parcels are: ED-05-076.08-06-11.00-000, ED-05-076.08-06-12.00- 000, ED-05-076.08-06-13.00-000, ED-05-076.08-06-14.00-000, ED-05-076.08-06-15.00-000, and ED- 05-076.08-06-16.00-000. The owners of record are Central Delaware Habitat for Humanity and Bibleway Temple Church of God in Christ. Applicant #V-15-04 747 North DuPont Highway. Bankshares Realty LLC c/o Charles Owensby has requested a variance from the requirements of Article 6 §3.1 and §3.11 of the Zoning Ordinance for parking as related to the maximum allowed parking for the proposed use. Subject property is zoned SC-2 (Community Shopping Center) and a portion is subject to the SWPOZ (Source Water Protection Overlay Zone – Tier 3 Excellent Recharge Area). The Tax Parcel is ED-05-068.05-01-15.00-000. The owner of record is Bankshares Realty LLC. ADJOURN 29 Del.C. § 10004(e)(2) THE AGENDA ITEMS MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

MINUTES OF BOARD OF ADJUSTMENT MEETING of January 21, 2015 o The Board of Adjustment Meeting Minutes of January 21, 2015 is still being prepared. These Meeting Minutes will be distributed to the Commission members via email prior to the meeting and provided as a hard copy if needed at the February 18, 2015 meeting for review. o Adoption of the Meeting Minutes will be considered at the February 18, 2015 meeting of the Board of Adjustment.

City of Dover Board of Adjustment February 18, 2015 V-15-03 Location: 20, 28, 30, 32, 40 & 48 South Kirkwood Street Applicant/Owner: Central Delaware Habitat for Humanity Bibleway Temple Church of God in Christ Tax Parcel: ED-05-076.08-06-11.00-000 ED-05-076.08-06-12.00-000 ED-05-076.08-06-13.00-000 ED-05-076.08-06-14.00-000 ED-05-076.08-06-15.00-000 ED-05-076.08-06-16.00-000 Application Date: January 16, 2015 Present Zoning: RG-1 (General Residence Zone) Present Use: Vacant/Church on One Parcel Proposed Use: Houses/Church to Remain Reviewed By: Ann Marie Townshend, AICP Variance Type: Area Variance Variances Requested: To allow reduction of lot width from the required 60 feet to 50 feet Project Description The applicant wishes to build homes on the vacant residential lots. Currently the lots vary in width from 36 feet to 100 feet. The applicant wishes to create parcels that are consistent in width. The applicant is requesting an area variance from the requirements of Zoning Ordinance Article 4 §4.2 to reduce lot width from 60 feet to 50 feet. Adjacent Zoning and Land Use The adjacent properties to the west, fronting West Street, are zoned C-2A (Limited Central Commercial Zone) and include the NAPA Auto Parts store and the Inner City Cultural League.

V-15-01 200 Garrison Oak Drive Board of Adjustment Report Page 2 of 4 The property adjacent to the north is zone RG-1 (General Residence Zone) and has a house on it. The property to the south is also zoned RG-1and is the Bibleway Temple Church of God in Christ’s church building. Properties east across South Kirkwood Street are residential properties zoned RG-1. Code Citations: Article 4, Section 4.2: One- One-Family Family Multiple Semi-Detached and Other Dwellings Dwellings* Dwellings Detached Minimum required: Lot area per dwelling unit (sq. 7,500 5,000 3,000 ft.) Lot width (ft.) 60 80 100 Applicant’s Proposal The applicant wishes to complete a lot line adjustment process that would result in one 92.6-foot- wide lot (to be owned by Bibleway Temple Church of God in Christ) and five 51.1-foot-wide lots to be developed as homes by Central Delaware Habitat for Humanity. According to the applicant: The reason for the joint application is because it is our intent to do a lot line adjustment on these lots that allow Central Habitat to swap parcel 14.00 with the church which would allow the church to expand parcel 16.00 and Habitat would have five contiguous lots each at 50’. We are starting and ending with the same number of parcels just a variance for consistent parcel sizes. This request is also consistent with the Downtown Development District designation as well as the Restoring Central Dover plan by increasing homeownership. Exceptional Practical Difficulties Tests Zoning Ordinance Article 9 §2 dictates the specific powers and duties of the Board of Adjustment with regard to granting variances. Specifically the Board must determine: 2.1 Variance – The board shall have the authority to authorize variances from provisions of the Zoning Ordinance that are not contrary to public interest where the board determines that a literal interpretation of the Zoning Ordinance would result in undue hardship or exceptional practical difficulties to the applicant. In granting variances, the board shall determine that the spirit of the Zoning Ordinance is observed and substantial justice is done.

V-15-01 200 Garrison Oak Drive Board of Adjustment Report Page 3 of 4 2.11 Area Variance. A variance shall be considered an area variance if it relates to bulk standards, signage regulations, and other provisions of the Zoning Ordinance that address lot layout, buffers, and dimensions. In considering a request for an area variance, the board shall evaluate the following criteria and document them in their findings of fact: (a) the nature of the zone in which the property lies; (b) the character of the immediate vicinity and the contained uses therein; (c) whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses; and (d) whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is a permitted use under the provisions of the Zoning Ordinance. Review of Application As part of the application, the applicant was asked to summarize how the requested variance relates to the criteria. The applicant’s response is provided below along with a staff assessment of the application in accordance with the required criteria. 1. The nature of the zone in which the property lies. Applicant Responses: The current zoning for these parcels is RG-1 which permits single family residential homes. The homes located on this property would be single family homes. Staff Response: The proposal to build homes would be consistent with the nature of the zone, as the property is located within the RG-1 (General Residence) zone. 2. The character of the immediate vicinity and the contained uses therein. Applicant Responses: It appears the original lot sizes in the surrounding area were 50’. Across the street from these parcels, the lot widths vary from 15’ to 63’. The current four lots owned by Habitat vary in size from 100’, 36’, 70’ and 48’; however; after the parcel swap with the church, Habitat would then own five lots of the following widths, 58’, 42’, 36’, 70’, 48’. By allowing the variance of 50’ lot sizes this would provide consistency in the neighborhood and allow for similar sized homes. Besides the church, it is a residential community with single family homes. Staff Response: The planned construction based on the variance request would be consistent with the immediate vicinity and uses. The variance would allow all of the lots to be developed with required off-street parking, and it would create consistency in the lot sizes of the subject parcels. As articulated by the applicant, other lots on the opposite side of the street are also blow the minimum lot width of 60 feet and the request lot width of 51.1 feet.

V-15-01 200 Garrison Oak Drive Board of Adjustment Report Page 4 of 4 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses. Applicant Responses: No, it would not seriously affect the neighboring properties but only improve the properties by providing consistency and it would be compatible with what already exists. Plus it would increase homeownership and provide stability to the community. Staff Response: If the minimum lot width of 60 feet is reduced, it would not seriously affect neighboring properties. It would actually improve the area by adding new homes to be occupied by homeowners. 4. Whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is a permitted use under the provisions of the Zoning Ordinance. Applicant Responses: The unnecessary hardships would be that Habitat would develop smaller homes on the narrow lots plus it would be difficult to provide off street parking on those lots and meet the setback requirements. By creating varying sized homes this would create inconsistency in the neighborhood and lack uniformity for future development. Staff Response: The applicant has demonstrated exceptional practical difficulty, because without the requested variance, they cannot increase the lot widths of the smaller parcels, thereby making them more difficult to develop and provide off-street parking, especially since the lots are not served by an alley. It would also create inconsistency in the appearance of the street as the lots are developed. Variance Recommendations: Staff recommends approval of the variance to allow reduction of the lot width to 51.1 feet on the subject lots: • The applicant has demonstrated exceptional practical difficulty, as development of the lots with the current varied width creates an exceptional practical difficulty in developing the lots in a way that meets other bulk standards, specifically off-street parking. • The development plan to build homes for owner occupancy is consistent with approved plans for the area and with the prior development pattern of the area. • Dover’s 2008 Comprehensive Plan, the Restoring Central Dover Plan, the City’s Consolidated Plan for Community Development, and the newly created Downtown Development District all support redevelopment, increased homeownership, and affordable homeownership in this area. The proposal is consistent with these goals articulated in multiple City plans and policies.

City of Dover Board of Adjustment February 18, 2015 V-15-04 Location: 747 North DuPont Highway Applicant/Owner: Bankshares Realty, LLC c/o Charles E. Owensby Tax Parcel: ED-05-068.05-01-15.00-000 Application Date: January 15, 2015 Present Zoning: SC-2 (Community Shopping Center) SWPOZ (Source Water Protection Overlay Zone- Tier 3 Excellent Recharge Area) Present Use: Vacant, previously developed Proposed Use: Restaurant Reviewed By: Bill Cook, Planner I Variance Type: Area Variance Variance Requested: To increase the parking on site above the maximum number of spaces permitted by Zoning Ordinance. Project Description The applicant is proposing construction of a freestanding restaurant on the property addressed as 747 North DuPont Highway. The project site is known as the former Berry Van Lines site. The subject property was rezoned from C-4 (Highway Commercial Zone) to SC-2 (Community Shopping Center Zone), application Z-07-05, recommended for approval by the Planning Commission at its meeting of March 21, 2007, and approved by City Council on April 9, 2007. Previously Site Plan S-07-39 was reviewed to redevelop the property; however that plan has expired. The restaurant is one component of a new concept for development of the total 25 acre property. The restaurant is proposed in the southwest corner of the parcel adjacent to the highway.

V-15-04 747 North DuPont Highway Board of Adjustment Report Page 2 of 5 Development of the property as a restaurant will be subject to a Site Plan application. As part of designing the new site layout, the applicant is requesting an area variance from the requirements of Zoning Ordinance, Article 6 §3.11 for parking. Adjacent Land Uses The subject property is zoned SC-2 (Community Shopping Center Zone), located on the east side of North DuPont Highway between Leipsic Road and Jefferic Boulevard. Portions of the property are adjacent to North DuPont Highway and Leipsic Road. A portion of the property is also within the SWPOZ (Source Water Protection Overlay Zone- Tier 3 Excellent Recharge Area). This overlay zone includes provisions related to impervious surface area in order to protect ground water quality. Surrounding properties to the north and south fronting North DuPont Highway are zoned C-4 (Highway Commercial Zone). Properties across Leipsic Road are zoned SC-2 and RC (Recreational Commercial Zone). Along a segment of the southeastern boundary of the property, the property adjoins a property zoned CPO (Commercial Professional Office Zone). Code Citations The proposed restaurant use is permitted in the SC-2 (Community Shopping Center) as outlined in Zoning Ordinance Article 3 §17.32. Parking regulations under the provisions of Article 6 §3.1 for “Eating and Drinking Places” require at least one (1) parking space for each four (4) seats, plus one (1) space for every three (3) bar seats. Article 6 §3.1(a.i) states that the parking requirements of Article 6 shall prevail over the minimum parking requirements of Article 3. Zoning Ordinance Article 6 §3.11 states that “the maximum number of parking spaces shall not exceed 25 percent over the number of parking spaces required by the code.” Table 1 shows a summary of the required minimum parking spaces, maximum permitted parking spaces, and requested parking spaces for the site under the proposed development scenario for the restaurant. Table 1 Off-Street Parking Calculations 747 North DuPont Highway (V-15-04) Parking Spaces Required by Restaurant Seat Count (Article 6) Number of Seats 400 Minimum Required Parking 100 Maximum Parking Permitted 125 Requested by Applicant Total 170

V-15-04 747 North DuPont Highway Board of Adjustment Report Page 3 of 5 Exceptional Practical Difficulties Tests Zoning Ordinance Article 9 §2 dictates the specific powers and duties of the Board of Adjustment with regard to granting variances. Specifically the Board must determine: 2.1 Variance – The board shall have the authority to authorize variances from provisions of the Zoning Ordinance that are not contrary to public interest where the board determines that a literal interpretation of the Zoning Ordinance would result in undue hardship or exceptional practical difficulties to the applicant. In granting variances, the board shall determine that the spirit of the Zoning Ordinance is observed and substantial justice is done. 2.11 Area Variance. A variance shall be considered an area variance if it relates to bulk standards, signage regulations, and other provisions of the Zoning Ordinance that address lot layout, buffers, and dimensions. In considering a request for an area variance, the board shall evaluate the following criteria and document them in their findings of fact: (a) the nature of the zone in which the property lies; (b) the character of the immediate vicinity and the contained uses therein; (c) whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses; and (d) whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is a permitted use under the provisions of the Zoning Ordinance. Review of Application As part of the application, the applicant was asked to summarize how the requested variance relates to the criteria. The applicant’s response is provided below along with a staff assessment of the application in accordance with the required criteria. 1. The nature of the zone in which the property lies. Applicant Responses: “The property lies in C4 Commercial.” Staff Response: The property is zoned SC-2 (Community Shopping Center). The requested variance is consistent with the nature of the zone in which the property lies, as well as the zoning and character of surrounding properties. Uses found in SC-2 districts along DuPont Highway and elsewhere in the City typically have generous parking. In addition to multi-tenant buildings, single-use restaurants are often found on “pad-sites” within or adjacent to parcels zoned SC-2. In the pre-application meeting staff may have incorrectly identified the property as C-4 (Highway Commercial Zone). However in terms of the parking requirements and proposed use, there is no significant difference between SC-2 and C-4 in how it applies to this application. 2. The character of the immediate vicinity and the contained uses therein.

V-15-04 747 North DuPont Highway Board of Adjustment Report Page 4 of 5 Applicant Responses: “Site sits next to Pizza Hut, local Diner and is located in front of Dover Downs Speedway.” Staff Response: Other freestanding restaurants are found to the north and south along North DuPont Highway. These establishments have their own parking and are one-story commercial structures such as that proposed. Dover International Speedway is located slightly north across Leipsic Road. Parts of adjacent properties are also open areas used for vehicle and/or RV parking for race events. The requested variance does not change the character of the immediate vicinity at the present time. The subject site currently consists of vacant paved areas and former buildings have been demolished in anticipation of redevelopment. 3. Whether, if the restriction upon the applicant’s property were removed, such removal would seriously affect neighboring properties and uses. Applicant Responses: “Would not be effect neighboring properties.” Staff Response: The subject property is large and likely has sufficient space to allow for the requested parking for the proposed restaurant use. A variance to allow additional parking would not impact adjacent properties, and would reduce the likelihood of visitors of the subject property seeking parking on adjacent properties. Since the site has been vacant for some time, new investment may be perceived as positive by neighboring properties. At this time no Site Plan has been submitted for review. As more detailed plans become available, staff with work with the applicant to ensure code compliance in terms of drainage, landscaping, circulation, and other site development criteria. 4. Whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is a permitted use under the provisions of the Zoning Ordinance. Applicant Responses: “Based on data provided within this package, will show examples why the amount of parks in order to be successful at Golden Corral is needed. If we are not able to get approved for a variance to increase parking, we will not be able to develop and build in Dover, Delaware.”

V-15-04 747 North DuPont Highway Board of Adjustment Report Page 5 of 5 Staff Response: The applicant has indicated that 170 spaces is the minimum number of spaces needed to make the proposed restaurant feasible. Based on past experience, staff has noted that Zoning Ordinance requirements for restaurant parking are sometimes insufficient compared to restaurant industry and practical requirements. As presented in Exhibit 2, local and regional requirements for restaurant parking are typically more generous and would allow more parking than if the same establishments were located in Dover. Zoning Ordinance Article 6 §3.11 imposes a cap on parking so the maximum number of spaces provided cannot exceed 25% over the minimum code requirement. Information submitted by the applicant indicates that such a maximum is not a feature of many jurisdictions in Delaware. Variance Recommendations: Staff recommends approval of the variance for the increase in parking by 45 spaces, from the minimum 100 spaces required (125 maximum permitted) to allow a total of 170 spaces, inclusive of required handicapped parking spaces and subject to other site design requirements of the Zoning Ordinance for reasons as follows: • The proposed variance would not be out of character for the zone and the surrounding uses. • The parking proposed by the applicant is reasonable considering the demands of the business and similar businesses, and the applicant has provided evidence that the regulation creates an exceptional practical difficulty. • Staff has had similar discussions with other restaurant chains and plans to propose changes to the parking regulations as they apply to restaurants.

Exhibit 1-1 BOARD OF ADJUSTMENT APPLICATION QUESTIONS (DOVER, DELAWARE) 1. The nature of the zone in which the property lies. The property lies in C4 Commercial. 2. The character of the immediate vicinity and the contained uses they are in Site sits next to Pizza Hut, local Diner and is located in front of Dover Downs Speedway 3. Whether, if the restriction upon the applicant's property were removed, such removal would seriously affect neighboring properties and uses. Would not be effect neighboring properties 4. Whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is permitted uses under improvements in the character of that use of the property that is permitted used under the provisions of the zoning ordinance. Based on data provided within this package, will show examples why the amount of parks in order to be successful at Golden Corral is needed. If we are not able to get approved for a variance to increase parking, we will not be able to develop and build in Dover, Delaware. Note: These are the 4 questions to be included with our application for the Board of Adjustment • Larry Weiland Director of Real Estate Golden Corral Corporation Cell 317-407-0992 Fax 800-590-8039 VM 919-881-4484 x4276 lweiland@qoldencorral. net

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PARKING ANALYSIS Variance application for Golden Corral at Capital Marketplace Restaurant Name [ Municipality Total S.F. Total# of Parking Required Parking Provided Parking Required Max Allowable Seats Per Code Per City of Dover Per City of Dover Applebees Town of Camden I 4,844 I 164 1/100 S.F. + Emp. I 98 Spaces* I 1 per 4 Seats= 41 Spaces I 125%= 52 Spaces Camden Town Center 70 Spaces Cheddars Town of Camden 8,100 294 1/100 S.F. + Emp. 178 Spaces* 1 per 4 Seats= 74 Spaces 125%= 93 Spaces Camden Station 101 Spaces I Texas Road House Town of Camden 7,135 250** 1/100 S.F. + Emp. 105 Spaces* 1 per 4 Seats= 63 Spaces 125%= 79 Spaces Camden Town Center I 94 Spaces Red Robin New Castle County 7,500 257 9/1000 S.F. 106 Spaces* 1 per 4 Seats= 65 Spaces 125%= 82 Spaces Christiana Town Center I 68 Spaces Olive Garden New Castle County 7,400 230 9/1000 S.F. 100 Spaces* 1 per 4 Seats= 58 Spaces 125%= 73 Spaces Centerpoint Plaza 67 Spaces Red Lobster New Castle County 7,100 235 9/1000 S.F. I 119 Spaces* 1 per 4 Seats= 59 Spaces 125%= 74 Spaces Centerpoint Plaza 64 Spaces Where Pigs Fly City of Dover 2,900± 100** N/A 36 Spaces* 1 per 4 Seats= 25 Spaces 125%= 32 Spaces I Route 13 TGI Friday's City of Dover 5,500 185** 40 Spaces* 1 per 4 Seats= 47 Spaces 125%= 58 Spaces Route 13 Olive Garden City of Dover I 7,400 230 125 Spaces 1 per 4 Seats= 58 Spaces 125%= 73 Spaces Route 13 The Green Turtle City of Dover 8,800± 300** 150 Spaces 1 per 4 Seats= 75 Spaces 125%= 94 Spaces Route 13 N/A- Not Applicable, within the City of Dover l * - Overflow parking is available in adjacent retail area. ** -Seat count is approximate based on comparison with similar uses. Exhibit 2-1

REQUIREMENTS FOR PARKING LOCATION / MUNICI PALITY PARKING REQUIREMENT LIMITATION ON PROVIDED PARKING New Castle County 9 Spaces per 1000 S.F. of gross floor area. (Plus parking for 1/4 of the area of outdoor seating). NO Kent County 1 Space per each 3 seats or 1 space per each 100 s.f. of floor area, whichever is greater. NO City of Newark 1 Space per 3 seats plus one space per employee on the shift of greatest employment. NO Delaware City 1 Space per 3 seats plus one space per 2 employees on the shift of greatest employment. NO Town of Smyrna 8 Spaces per 1000 square feet of gross floor area. NO Town of Middletown 1 Space per 3 seats plus one space per employee on the shift of greatest employment. NO Town of Camden 8 Spaces per 1000 square feet of gross floor area plus 1 space per each employee. NO City of Dover 1 Space per 4 seats YES ------ 125% of Required Exhibit 2-2

1/16/2015 Exhibit 3-1 GOLDEN CORRAL PROTOTYPE RESTAURANTS CRITERIA October 2014 GC11M.10.2 (Oct. 2014) Size of Restaura.nts I .e frotal Square Footage (including Walk-ins) s.f. 11,097 jwidth (Including Projections ) c ... 166'-0" 0 ·;: Depth (Including Projections) 90' - 7" Q) 1< Height to top of Chimney (A. F. F.) I Entry 27' -0" I 29'-4" w Seating & Table Count Tables and/or Booths (T.O.=Tables only I B.T.=Tables & Booths) Tables only Tables 1 Booths Total Number of Tables (•Includes Booths) 110 88/22 Total Number of Seats (with and without booths) 400 400 Linear feet of Food Bars 143'-9" Number of Wells on Hot Bar (H=hot C=cold) H- 28-1/2 Ice Pans- 2 Number of Wells on Hot Bar per guest 0.07 Dining Area Sq Ft 3944 Dining Area Sq Ft per guest 9.86 Queuing Sq Ft 305 Kitchen Sq Ft 3653 Circulation Sq Ft 2109 .e .E Serving Sq Ft 522 ... 0 ·;: Office Sq Ft 88 Q) - c Restroom Sq Ft 476 Site Requirements Q) - �inimum number of parks 170 (i) �inimum area of Lot 1.80- 3.21 Acres Utilities Required jwater Lines (Water I Fireline I Irrigation) 2" I 6" I 1 " Daily Water Usage (domestic) gallons 10,500 W of Plumbing fixtures (toilets, urinals & lavs ) 7, 3 &5 Sewer (size I min slope) 6" I 1% Grease Trap - gallons I # 2,000 I 1 Number of Drain systems 2 Ill Number of Water Heaters 5 Q) � Electrical (connect load I demand load) KVA 609 I 391 :;:; ::J Number of Electrical Panels/Size (1)1200A/(5)400A /(2)225A RTU tonnage/# of RTU's 83/8 Number of Exhaust Fans I Make up air fans 8/2 Number of unit heaters 3 Gas total demand MBH 3,750 MBH Telephone Lines (Regular or DSL) 4 Size of Compactor area (Out to Out dimensions) 26'-2" X 31'-6" Construction Cost Construction Cost of building without 0/P as of 2012 $1,259,933.65 - Construction Cost per square foot without 0/P $113.54 Ill 0 0 Equipment estimate (MAXIMUM MODEL) $767,294.00 C:\Users\Stacey\Documents\Charlie\Golden Corral\11-m criteria

Exhibit 3-2 Store ID Number of Number: Store Address: City State Parking Spaces 726 1185 Center Pointe Parkway Birmingham AL 172 2612 201 Oxford Exchange Blvd Oxford AL 174 712 1801 S. Waldron Ave Fort Smith AR 178 711 5001 Warden North Little Rock AR 174 2465 3550 Stockton Hill Rd Kingman AZ 180 943 5001 Ming Ave Bakersfield CA 214 2597 17635 Castleton City Of Industry CA 267 2593 3737 Mchenry Modesto CA 183 926 4940 Watt Ave North Highlands CA 203 793 11090 E Mississippi Ave Aurora co 196 2571 6077 W Irio Bronson Celebration FL 175 2608 1555 Grand Hwy Clermont FL 176 600 11470 San Jose Blvd Jacksonville FL 177 607 582 Blanding Blvd Orange Park FL 178 2570 11731 East Colonial Orlando FL 192 578 105 East 23rd St Panama City FL 184 734 1630 N Monroe St Tallahassee FL 207 766 6942 Hillsborough Ave Tampa FL 177 811 11801 56th St Temple Terrace FL 186 587 227 Bobby Jones Expressway Augusta GA 185 815 1505 Manchester Expressway Columbus GA 180 829 1350 Ga Hwy 138 Conyers GA 180 2585 2025 Market Place Dr Cumming GA 223 847 2155 Riverside Prkwy Lawrenceville GA 172 2483 1765 Jonesboro Rd Mcdonough GA 173 803 3888 Stone Mountain Hwy Snellville GA 182 651 1545 Associates Dr Dubuque lA 170 2538 1455 Dilleys Rd Gurnee IL 195 2581 3525 North University Peoria IL 203 2559 3360 Green Mountain Crossing Shiloh IL 203 2589 1038 Le June Dr Springfield IL 178 680 4747 Lima Rd Fort Wayne IN 197 2633 135 E. Douglas Road Mishawaka IN 200 2541 915 Eagle Ridge Schererville IN 172 2576 11006 E Kellogg Wichita KS 178 887 4770 Houston Rd Florence KY 210 2515 100 lkebanna Pike Georgetown KY 186 866 5252 S Sherwood Forest Dr Baton Rouge LA 173 735 5621 Spectrum Dr Frederick MD 171 795 6701 Chesapeake Center Drive Glen Burnie MD 192 2476 301 East Naylor Mill Rd Salisbury MD 205 678 2800 Crain Hwy Waldorf MD 180 2637 4200 Miller Rd Flint Ml 214

Exhibit 3-3 Store ID Number of Number: Store Address: City State Parking Spaces 2553 1788 Sternberg Muskegon Ml 188 2615 3461 Alpine Dr Walker Ml 172 715 3551 Sheperd Of The Hills Branson MO 179 937 1910 E Valley View Independence MO 187 2624 1301 Bramblett O'Fallon MO 175 706 2020 E Primrose Place Springfield MO 226 2611 6110 South Lindbergh StLouis MO 194 2551 200 Anna Dr Extension Mccomb MS 210 2437 1624 Market Place Dr Great Falls MT 185 2454 1070 East Dixie Asheboro NC 170 589 1540 Hwy 29 North Concord NC 193 546 3800 Roxboro Durham NC 172 702 4404 Landview Dr Greensboro NC 171 2623 504 SW Greenville Blvd Greenville NC 183 586 1053 Lenoir Ryne Blvd Hickory NC 181 2602 4928 Kahn Dr Lumberton NC 173 2609 11025 E. Independence Matthews NC 216 935 6129 Glenwood Ave Raleigh NC 173 950 3551 Grenelle Street Raleigh NC 181 942 3424 Capital Blvd Raleigh NC 233 2626 1917 Hwy 421 Wilkesboro NC 177 2474 180 Hanes Mall Circle Winston Salem NC 200 948 3420 North 14th Bismarck NO 182 949 4491 23rd Fargo NO 183 2592 6006 North 72nd Omaha NE 174 936 5207 San Mateo Blvd Ne Albuquerque NM 188 759 7800 Transit Rd Amherst NY 183 760 1901 Central Ave Colonie NY 188 2635 450 JeffersonRd Rochester NY 184 921 320 Boardman Poland Rd Boardman OH 195 853 470 Kolb Dr Fairfield OH 176 972 2005 Stringtown Rd Grove City OH 171 966 5730 Opportunity Toledo OH 202 729 4750 E Main Whitehall OH 222 2438 1586 Brandywine Blvd Zanesville OH 171 550 S617 Air Depot Blvd Midwest City OK 214 585 123 N Interstate Dr Norman OK 182 677 8144 East 21st St Tulsa OK 186 905 7500 Peach St Erie PA 203 2521 3546 Clemson Blvd Anderson sc 178 2599 4968 Centre Point Dr Charleston sc 174 2561 106 Southern Center Way Easley sc 228 976 465 East Interstate 20 Arlington TX 191 934 12509 North Lamar Austin TX 170

Exhibit 3-4 Store ID Number of Number: Store Address: City State Parking Spaces 592 4610 Garth Road Baytown TX 178 923 2190 1-10 South Beaumont TX 201 545 2912 Boca Chica Blvd Brownsville TX 179 938 5901 S Padre Island Corpus Christi TX 197 581 11917 East NW Hwy Dallas TX 201 573 9039 Dyer St El paso TX 184 947 1420 Eastgate Garland TX 208 945 14010 1-10 Houston TX 205 974 3574 Hwy 6 Houston TX 220 908 1801 South Main St Keller TX 181 713 5930 San Bernardo Ave Laredo TX 190 719 5117 Sw Loop 289 Lubbock TX 206 930 1301 East Jackson Rd Mcallen TX 187 944 20170 North Frwy Spring TX 219 548 3812 Kemp Blvd Wichita Falls TX 178 748 1185 Seminole Trail Charlottesville VA 265 721 101 Volvo Parkway Chesapeake VA 174 764 2501 Conduit Rd Colonial Heights VA 184 772 1123 W Mercury Blvd Hampton VA 192 894 4005 Wards Rd Lynchburg VA 178 2462 10801 Bulloch Dr Manassas VA 170 890 6103 N Military Hwy Norfolk VA 195 705 1436 Kempsville Rd Virginia Beach VA 196 717 1525 GENERAL BOOTH BLVD. Virginia Beach VA 208 800 218 Bypass Rd Williamsburg VA 180 2510 1673 Arcadian Ave Waukesha WI 186 867 412 New Goff Mountain Rd Cross Lanes wv 182

Exhibit 4-1 OLIVE GARDEN Site Selection Criteria Building Criteria Building Square Footage 7,500 - 8,500 Land/Parking needs Land to accommodate our prototype building and 125 - 145 parking spaces (may include legal cross parking Location Prime regional focal point Building Height 22' (with architectural features up to 28' depending on location) Ownership Prefer to own our real estate but will consider ground leases. Typical Lease Terms Qf purchase not available) Base Rent Negotiable CAM Negotiable - Cap and audit rights required Tax Pro-rata Insurance Pro-rata %Rent None Initial Term 10 years Renewal Options Four 5-year options Demographic Requirements Population Trade areas with 100,000 people exclusive to the restaurant Area of Focus Prime regional location for the trade area Comments End-cap/building lease will be considered on a case-by-case basis with emphasis on parking, visibility, access and our ability to use prototypical Olive Garden exterior branding and signage. Darden Restaurants, the parent company of Olive Garden, has designed several restaurants nationwide that have earned LEED certification. Going forward all of our restaurants will have sustainable elements, although all will not be LEED certified. Some of the sustainable design elements include recycled building materials, enlarged windows to increase natural light, low-water landscaping and energy-efficient equipment. These enhancements are part of the Sustainable Restaurant Design initiative launched by Darden Restaurants. Last Updated: Feb 2012

211'•·4� UTILITY REQUIREMENTS: � P.•t• • ll:dl. \lp � -� .u va• per- fool fallmlnii!Un. If "'- wr.itMV Nrlllt por-t. or ec:rrrMIC1. cn lo a.p ..-.ough to � 114" P- (cot tan. th!wl A Inch wlll1.10rk. �-t!P.c:rcc>��p.d.t!f U.,sg• bao• �o�pon ••psrl�. ll.lla!L Dotn••tlc 2 lnd'l llrw, 1-ln Inch fi\St.,. (� GPMJ lrrlgAUon 2 Inch lin•, 1 lf'lch m.t.,. ('!liZ! GPMJ !lp'IM.I.- t> Inch llr�•, 4 1nd'1 ma\.- Ut��g• b•••d on mlr�lmum pr••r.ur• ar 45> P61 .!lit. \.sp ,... TO\.tl rsC!Uirsrn""l - 2.6 1.a 3.5 H.aJ.I. (II'IIIIIOfl BTU psr t-our) 1.1>111 .upporl•• U�Atw M.atl!lr, ma�-up .!lr, Mat o!nd coal. l::lullc:11ng heAl, fut.ur• -p.IF!IIon factor � PROPOSED 3� IQl Corw'IISIC\Sd with Sllltu'ltsd c:llftl.olllnc:l of 2Sir> KW Servlcs volua• - 121Zlnii!M, 3 �as. 4 wlr.s, biZ! cycl� OLIVE GARDEN �rvle:• liz• - l)f:W A� PA.::I IM'._,led trAntformw, t«V'!IQen�V.Ftni•H wi1Jol ;.. RESTAURANT undllrgrO\II".d plm•"11 1��1 SQ. Ft. 241 BE.4U � Bb JD� Sf-ACI!!S � Hlf'lllrun � g.tllon c:&p&ch!:l or g�t• It rec:�,ulred � coQ<o � 5ufflcler�l cepoCil.S \o dc:cept � 01'1 olts oto r IJ&tar 1111 All rcor c:lralnags lo be correcled dlroa::tl� to und•ground I I ob. 6t.Ofii11JJS1..-rl L! __s__ !J � 1'1.t.al +-!"lids rl•luron, 2 FC mlnhnun OY8r tM ..,-t.lre alte o!lr•a LEGEND 2" WATER -4' GA& 0"-B" �ANJTAR'T' SEWER 4• 6REASE WASTE 6" Filii!£ LitE L __ . "'!. · - -- - -- - -- - -- - -- - --- __ __ , _j TYP. SITE PLAN-7500WD-R Exhibit 4-2 GRAPHIC SCALE � (�rtm')IU!di.•IIO t\. A�7011

Exhibit 4-3 RED LOBSTER Site Selection Criteria Building Criteria Building Square Footage 5,880 Land needs 1.75 acres Location Prime regional focal point Parking requirements 125 spaces depending on available common parking Building Height 26 feet Typical Lease Terms Base Rent Negotiable CAM Negotiable - Cap and audit rights required Tax Pro-rata Insurance Pro-rata %Rent None Initial Term 10 years Renewal Options Four 5-year options Demographic Reguirements Population Trade areas with a minimum of 125,000 people Traffic Count 30,000 A.D.T. Area of Focus Prime regional locations, lifestyle and power centers Comments We prefer to own our real estate but will consider ground leases. Last Updated: Feb 2012

SITE DEVELOPMENT INFORMATION: PARKING DATA: ASSUMED SITE LAYOUT DATA: 120 PARKING SPACES+ 5 ACCESSIBLE PARKING SPACES PER ADAAG • t7 TOTAL SITE AREA: 1.61 ACRES MINIMUM DRIVE AISLE WIDTH: 24' - 125 PARKING SPACES TOTAL ON-SITE STANDARD PARKING STALL: 9' x 18' TYPICAL SETBACKS: BUILDING DATA: -PARKING: 10' FRONT & AREA: 5,880 SQ. FT. REAR, 5' SIDES Exhibit 4-4 ·BUILDING: SO' MIN. .. -- -. 211 E. Broad Street Greenville, SC 29601 p 864.232.8200 DP3 ARC H I T EC T S F 864.232.7587 www.DP3architects.com BH59 Prototype REJ2� 19v�o�J:ER

Exhibit 4-5 LONGHORN Site Selection Criteria Building Criteria Building Square Footage 6,2 42 Land needs 1. 38+ acres Location Prime regional focal point Parking requirements 127+ spaces Building Height 2 3' 1" Typical Lease Terms Base Rent Negotiable CAM Negotiable - Cap and audit rights required Tax Pro-rata Insurance Pro-rata %Rent None Initial Term 10 years Renewal Options Four 5-year options Demographic Requirements Population Trade areas with a minimum of75,000 people within a 15 minute drive time. Traffic Count 30,000 A.D.T Area of Focus Prime regional locations that minimize impact to existing locations Comments We prefer to own our real estate but will consider ground leases. Last Updated: Dec 2010

SITE DATA PERIMETER SITE LIGHTING PREFERENCES LAYOUT PREFERNCES • 2.0 FOOTCANDLE TARGET • PARKING TARGET>= 127 TOTAL AVERAGE SPACES • EXCELINE VERTILYTE • TOTAL SITE AREA ± 1.42 ACRES • POLE= SECURITY LIGHTING • 5 ACCESSIBLE SPACES (VERIFY RST -2570-EG-AB CODE) • ROUND TAPER STEEL POLE • 6'X18' STANDARD STALL SIZE • RSB/RCS-320MH (DARK BRONZE) (VERIFY CODE) W/320W PULSE START METAL • DUMPSTER APPROACH 25' HALIDE MINIMUM • MOUNTING HEIGHT- 27'6" ABOVE ,------------ • 62'TRUCK FINISH GRADE • STANDARD REFUSE TRUCK • 25' POLE (DARK BRONZE, 2'- 6" • CURB AND GUTTER PREFERRED BASE, SQUARE STRAIGHT STEEL • 5' RADIUS ON CURB PREFERRED GROUND LIGHT GRADING PREFERENCES • PAD PERIMETER= KICHLER • 5% MAXIMUM SLOPE LIGHTING S15752AZT LOW • 1% MINIMUM SLOPE VOLTAGE L.E.D. • 2% DESIGN SLOPE • FRONT WALL= KICHLER LIGHTING • 1.5% MAXIMUM IN ACCESSIBLE S15752AZT LOW VOLTAGE L.E.D. AREA • DO NOT EXCEED 8% GRADE SITE AMENITIES DIFFERENTIAL • BOLTED DOWN EXTERIOR PATIO • APPROACH DRIVE MAXIMUM 10% FURNITURE � �JtGli!JM ...""" -� - " I??lm N· t3 � F!: SIDEWALKS SITE SIGN • 7'ADJACENT TO PARKING STALLS • SHOW BASE SIZE ON SITE PLAN TYPICAL 9'X5' �� I §§:;,: • 5' GENERAL CIRCULATIONS • LONGHORN DETAIL- CURB AND • NOTE GENERAL CONTRACTOR TO I � � GUTTER INSTALL FOUNDATION I DOWELED INTO WALK AT PAD �f-.!. Q::O::: �� • I I F I I I I I R c H ;c::-' C§� a I I Design Worldwide V') &3 I I 311 Elm Street Suite 600 I I Cincinnati, OH 45202 513 241 3000 L_ �-"-------- � � www.frch.com Exhibit 4-6 MAIN EXPOSURE I ACCESS LIST RIGHT-OF-WAY WIDTH t:J�;\J�PJ!��!lu��· LH-7.5 PROTOTYPE - RIGHT 12.03.10 SITE PLAN

Exhibit 4-7 BAHAMA BREEZE SITE SELECTION CRITERIA Building Criteria Square Footage 7,000 Seating Approx. 220 inside; 70 outside Land Needs 1.9 acres Location Prime retail focal point Parking Requirements 140-160 spaces Building Height 25ft. Typical Lease Terms Base Rent Negotiable CAM Negotiable (Cap and audit rights required) Tax Pro-rata Insurance Pro-rata %Rent None Initial Term 10 years Renewal Options Four 5-year options Demographic Population Trade areas with a minimum of 600,000 people Requirements Traffic Count 30,000 A.D.T. Area of Focus Prime regional trade areas Other Demographic/ Bahama Breeze guest demographics: Considerations o Youthful: Over index with guests ages 21-30; target guest is 25-49 o Diverse: Over index with African American and Hispanic guests o Educated: 80% are college graduates o Female: 59% are female o Affluent: 60% have $80K+ household income Bahama Breeze guest psychographies: o Escape: Like to eat out and do so frequently. They enjoy being part of the social scene, whether seeing a movie or attending a concert or live event. o Variety: Enjoy all that life has to offer. They like trying new things and enjoy active, energetic lifestyles. They are internet and social media savvy. o Our guests are drawn from up and down the casual dining spectrum. They enjoy Bahama Breeze as a trade up for a special occasion from TGIFriday's or BJ's Brewhouse. Alternatively, they enjoy a relaxed, comfortable evening out as a change of pace from brands like Cheesecake Factory, P.F. Chang's, and Bonefish Grill. Comments We prefer to own rather than lease our real estate, but will consider ground leases.

BAHAMA BREEZE SITE PLAN D 8 � � vv v G.::-; 33'-o' �4"5'-6' SITE REQUIREMENTS TOTAL LAND AREA 83,248 SQUARE FEET PARKING 150 SPACES @ CURB·IN 18,376 SQUARE FEET D OUTSIDE OF PARKING· IN 26,595 SQUARE FEET Bl..JI.DNG DATA BUILDING 6,994 SQUARE FEET @ PATIO 1 ,691 SQUARE FEET ENTRY 376 SQUARE FEET TOTAL 9,061 SQUARE FEET Exhibit 4-8 UTUJTY�S WATER 2" GAS 3' 1n S£WER 6' FIRE 6" ELECTRICAL 1200AMPS