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CUP Premier Restaurants/Montana ClubReturn to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59901 fftt 200900015273 IIIII�IIIIIIIIIIIIIIII��III�III�I��III�IIII�III'�I�IIII�I�III�II�IIIIII�IIIIIIIIIIIIIII�'I page: I of 2 Fees: $14.00 Paula Robinson, Flathead County MT by NC 5/29/2009 4:05 PM LEGAL DESCRIPTION ZONE: City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE Premier Restaurants, LLC PO Box 219 Missoula, MT 59806 Tracts 5E, 5ED and 5EDA within Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana General Business, B-2 The applicant has applied to the City of Kalispell for a conditional use permit to operate a casino in conjunction with a bar and restaurant in the B-2 (General Business) district. The B-2 zoning district conditionally permits casinos, but because it will be located within 300 feet of a residential zoning district, additional criteria apply. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on March 10, 2009, held a public hearing on the application, took public comment and recommended that the application be approved subject to certain conditions. After reviewing the application, the record, the KPD report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-09-4 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to operate a casino in conjunction with a bar and restaurant in the B-2 zoning district subject to the following conditions: Development of the site shall substantially comply with the site plan, elevations and floor plan submitted with the application. II �' II (I'll 11 I II I I II III III II II I I (III I II (III P206 age: 2 of 2273 Fees:$14.00 Paula Robinson, Flathead County MT by NC 5/29/2009 4:05 PM 2. Casino advertising shall be restricted to one sign on the south facing wall of the building and a reference to "Casino' on the free standing sign as shown in the submitted site plan subject to the following limitations: • No terms such as gaming, gambling, cards, dice, chance, etc. • Any reference to any associated activity, or any symbols or words commonly associated with gaming, is prohibited. • Other than the word casino, no other words, terms, figures, art work, or features intended or designed to attract attention to the fact than a casino is on site. • No neon lighting. 3. Commencement of the approved activity must begin within 18 months from the date of authorization or a continuous good faith effort is made to bring the project to completion. Dated this 20th day of April, 2009. STATE OF MONTANA : ss County of Flathead On this I � day of � , 2009 before me, a Notary Public, personally appeared Pamela & Kennedy, Mayo of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. SA NpTA143/,��'° Notary Public, State of Montana ' Printed Name:.gLs Residing at Kalispell, Monta71� My Commission Expires m!o /3 qT��F P,�pN�P�P