07. Conditional Use Permit - Premier Restaurants, LLCREPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Myrt Webb, Interim City Manager
SUBJECT Conditional Use Permit to operate a casino in conjunction with a bar
and restaurant
MEETING DATE: April 6, 2009
BACKGROUND: The Kalispell City Planning Board met on March 10th and held a public
hearing to consider a request from Premier Restaurants, LLC to operate a casino in
conjunction with a bar and restaurant in the B-2 (General Business) zoning district. The
developers intend to tear down the existing building where Sawbucks restaurant, bar and
casino is located and construct a new building_ to also house a restaurant, bar and casino
called the Montana Club.
Under the B-2 zoning district, bars and restaurants are permitted uses. However,
operating a casino requires a conditional use permit. The developers have decided to
remove the existing building and with it the existing casino operation. Pursuant to section
27.25.060 of the zoning ordinance, once a building or use is willfully removed, the
building and use are then subject to all applicable regulations of the zoning ordinance.
This includes reapplying for a conditional use permit to locate a casino in the B-2 zoning
district and any other applicable regulations in the zoning ordinance.
The property is located at the intersection of 13th Street East and South Main Street with
the address of 1301 South Main Street. The location is the current site of Sawbucks. The
property can be described as tracts 5E, 5ED and SEDA within, Section 17, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana.
Kalispell Planning Department staff, presented staff report KCU-09-4 and reviewed the
proposed site plan, elevation drawings, and floor plan for the board. Staff also noted that the
casino is proposed on the south end of the new building and would face south to the
existing gas station and not the existing residential development north of the site. Staff
recommended approval of the conditional use permit subject to three conditions.
During the public hearing, Jeff Maphis of JCM Architecture and representing the Premiere
Restaurants LLC spoke in favor of the proposal. He noted how the casino complied with
the ordinance code and requested that in addition to a sign stating "casino' on the south
side of the building the owners would also like approval to use the word casino, in small
letters on their pylon sign on Main Street. No one else spoke either for or against the
proposal and the public hearing was closed.
During the planning board's discussion the signs for the Hilton casino were discussed and
a motion was made and seconded to allow the word casino on both the pylon sign and the
building. Upon further discussion of this motion the majority of the planning board
members did not have an issue with limiting the casino signs to just the building and the
motion was withdrawn. A motion was made and seconded to recommend approval of the
conditional use permit subject to the three conditions listed in the staff report. The
motion was unanimously approved.
After the planning board meeting planning staff was contacted by Jeff Maphis and told
that the owners would like the council to consider their request to allow the word casino
on the pylon sign as well as the building. A rendering of the sign will be presented to the
council at the April 6th meeting. If the council is agreeable to the owner's request, it will
require a minor change to condition number 2.
RECOMMENDATION: A motion to approve the conditional use permit would be in order.
FISCAL EFFECTS: Minor positive impacts once fully developed.
ALTERNATIVES: As suggested by the city council.
Respectfully sued'
Sean Conrad My Webb
Senior Planner Interim City Manager
Report compiled: March 31, 2009
c: Theresa White, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Premier Restaurants, LLC
PO Box 219
Missoula, MT 59806
LEGAL DESCRIPTION: Tracts 5E, 5ED and 5EDA within Section 17, Township 28 North,
Range 21 West, P.M.M., Flathead County, Montana
ZONE: 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:
1. Development of the site shall substantially comply with the site plan, elevations and
floor plan submitted with the application.
2. Casino advertising shall be restricted to one sign on the south facing wall of the
building and 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 6th day of April, 2009.
STATE OF MONTANA
ss
County of Flathead
Pamela B. Kennedy
Mayor
On this day of , 2009 before me, a Notary Public, personally
appeared Pamela B. Kennedy, Mayor 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.
Notary Public, State of Montana
Printed Name:
Residing at Kalispell, Montana
My Commission Expires
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
March 26, 2009
Myrt Webb, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit to operate a casino in conjunction with a bar and
restaurant
Dear Myrt:
The Kalispell City Planning Board met on March 10+h and held a public hearing to consider
a request from Premier Restaurants, LLC to operate a casino in conjunction with a bar
and restaurant in the B-2 (General Business) zoning district. The developers intend to
tear down the existing building where Sawbucks restaurant, bar and casino is located and
construct a new building to also house a restaurant, bar and casino called the Montana
Club.
Under the B-2 zoning district, bars and restaurants are permitted uses. However,
operating a casino requires a conditional use permit. The developers have decided to
remove the existing building and with it the existing casino operation. Pursuant to section
27.25.060 of the zoning ordinance, once a building or use is willfully removed, the
building and use are then subject to all applicable regulations of the zoning ordinance.
This includes reapplying for a conditional use permit to locate a casino in the B-2 zoning
district and any other applicable regulations in the zoning ordinance.
The property is located at the intersection of 13th Street East and South Main Street with
the address of 1301 South Main Street. The location is the current site of Sawbucks. The
property can be described as tracts 5E, 5ED and 5EDA within, Section 17, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana.
Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-09-4
and reviewed the proposed site plan, elevation drawings, and floor plan for the board. He
also noted that the casino is proposed on the south end of the new building and would face
south to the existing gas station and not the existing residential development north of the
site. Staff recommended approval of the conditional use permit subject to three
conditions.
During the public hearing, Jeff Maphis of JCM Architecture and representing the Premiere
Restaurants LLC spoke in favor of the proposal. He noted how the casino complied with
the ordinance code and requested that in addition to a sign stating "casino" on the south
side of the building the owners would also like approval to use the word casino, in small
letters on their pylon sign on Main Street. No one else spoke either for or against the
proposal and the public hearing was closed.
During the planning board's discussion the signs for the Hilton casino were discussed and
a motion was made and seconded to allow the word casino on both the pylon sign and the
building. Upon further discussion of this motion the majority of the planning board
members did not have an issue with limiting the casino signs to just the building and the
motion was withdrawn. A motion was made and seconded to recommend approval of the
conditional use permit subject to the three conditions listed in the staff report. The
motion was unanimously approved.
Please schedule this matter for the April 6, 2009 regular City Council meeting. You may
contact this board or Sean Conrad at the Kalispell Planning Department if you have any
questions regarding this matter.
Sincerely,
Kalispell City Planning Board
Bryan H. Schutt
President
Attachments: Letter of transmittal
Staff Report #KCU-09-4 and supporting documents
Draft minutes from the 3/ 10/09 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o Att: Premier Restaurants, LLC
P.O. Box 219
Missoula, MT 59806
Jeff Maphis
JCM Architecture
P.O. Box 8145
Missoula, MT 59807
EXHIBIT A
PREMIER RESTAURANTS, LLC
KALISPELL CITY PLANNING BOARD
MARCH 10, 2009
The Kalispell City Planning Board held a public hearing on this matter at the regularly
scheduled planning board meeting on March 10, 2009. The following conditions are
recommended with approval of the conditional use permit:
1. Development of the site shall substantially comply with the site plan, elevations and
floor plan submitted with the application.
2. Casino advertising shall be restricted to one sign on the south facing wall of the
building and 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 that 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.
PREMIER RESTAURANTS, LLC
REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-09-04
MARCH 3, 2009
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a
request for a conditional use permit to operate a casino within the B-2 (General Business)
zoning district. A public hearing on this matter has been scheduled before the Planning
Board for March 10, 2009 beginning at 7:00 PM, in the Kalispell City Council Chambers.
The planning board will forward a recommendation to the Kalispell City Council for final
action.
Owner: Premier Restaurants, LLC
P.O. Box 219
Missoula, MT 59806
406-728-0558
Technical Assistance:
Jeff Maphis
JCM Architecture
P.O. Box 8145
Missoula, MT 59807
406-543-9659
A. Summary of Request: This is a request from Premier Restaurants, LLC for a
conditional use permit to operate a casino in conjunction with a bar and
restaurant in the B-2 (General Business) zoning district. The developers intend to
tear down the existing building where Sawbucks restaurant, bar and casino has
operated for approximately 14 years. The developers are proposing to construct a
new building to also house a restaurant, bar and casino called the Montana Club.
Under the B-2 zoning district, bars and restaurants are permitted uses. However,
operating a casino requires a conditional use permit. The developers have decided
to remove the existing building and with it the existing casino operation.
Pursuant to section 27.25.060 of the zoning ordinance, once a building or use is
willfully removed, the building and use are then subject to all applicable
regulations of the zoning ordinance. This includes reapplying for a conditional use
permit to locate a casino in the B-2 zoning district and any other applicable
regulations in the zoning ordinance.
Because the casino is within 300 feet of a residentially zoned neighborhood,
additional criteria as found in section 27.35.110 of the zoning ordinance apply to
the casino operation. Section 27.35.110 of the zoning ordinance allows for a
casino to be located on property within 300 feet of a residential zoning district
provided the casino is a minor accessory use and the following parameters are
addressed:
• The casino constitutes no more than 10% of the proposed floor space
0 Signs advertising the casino are limited or outright prohibited
• The number and location of entrances into the casino are limited
• The landscaping buffer between the casino and adjacent land uses is
increased
The above parameters will be addressed in the evaluation section of this staff
report.
B. Size and Location: The property address is 1301 South Main Street and is the
current site of Sawbucks. The property can be described as tracts 5E, 5ED and
5EDA within, Section 17, Township 28 North, Range 21 West, P.M.M., Flathead
County, Montana.
Figure 1: Aerial photo of the project site and surrounding uses
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Project
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C. Existing Land Use and Zoning: There is a single -story restaurant, bar and
casino on the property. The property is zoned B-2, a business district that
permits a wide range of businesses from restaurants to automobile repair garages
as well as professional offices and a variety of residential housing.
N
Figure 2: View of the existing Sawbuck's restaurant, bar and casino from the
northeast corner of First Avenue East and 13th Street East.
D. Surrounding Zoning and Land Uses Zoning: The property is located along the
commercial corridor which leads to downtown Kalispell. Lots to the south, east
and west are zoned for commercial uses and are developed with a hotel, gas
station, art store and professional offices. To the north, across 13+h Street East,
the zoning is divided by an alley with commercial zoning west of the alley and
residential zoning east of the alley. A grocery store is located on the commercial
property west of the alley.
North: Commercial and Residential, B-2 and R-4 zoning
East: Commercial, B-2 zoning
South: Commercial, B-2 zoning
West: Commercial, B-2 zoning
E. Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map
designates this lot as commercial. The map indicates that within the commercial
land use designation appropriate uses include retail, offices, services and a mix of
these uses as well as residential development.
The B-2 zoning district is a business district intended to provide areas for those
retail sales and services which serve the general needs of the tourist and traveler as
well as the general public. The district depends on the proximity to major streets
and arterials and should be located in business corridors.
F. Utilities/Services:
Sewer service:
Water service:
Solid Waste:
Gas:
Electric:
Phone:
Police:
Fire:
Schools:
City of Kalispell
City of Kalispell
City of Kalispell
Northwestern Energy
Flathead Electric Cooperative
CenturyTel
City of Kalispell
Kalispell Fire Department
School District #5, Kalispell
.c3
EVALUATION OF THE REQUEST
The application has been reviewed in accordance with the conditional use review criteria
in the Kalispell Zoning Ordinance.
1. Site Suitability:
a. Adequate Useable Space: The property provides adequate space to
accommodate the proposed restaurant, bar and casino including the
necessary parking and landscaping.
b. Adequate Access: The existing access to the site is adequate to handle the
needs of the casino. Vehicular access is provided by lst Avenue East and
Highway 93. There is an existing sidewalk along Highway 93. As part of the
building permit the developer will need to install sidewalks along the
property's frontage on 1st Avenue East and 13th Street East.
C. Environmental Constraints: There are no obvious environmental constraints
apparent on the property.
2. Appropriate Design:
a. Parking Scheme: The majority of parking will be located on the north and
south sides of the building. The application notes a total of 64 parking spaces
are required based on the gross square footage of the building. The plans
show 63 parking spaces and bicycle parking to make up the remaining
parking space. As part of the building permit process, all on -site parking will
need to meet the minimum standards in the zoning ordinance.
b. Traffic Circulation: The casino operation will have good traffic circulation
both on -site and on adjacent streets. The site plan shows the internal
parking lot constructed to provide for two-way traffic in front of the casino.
Vehicle traffic can choose to travel west to Highway 93 or east to lst Avenue
East. Both Highway 93 and lst Avenue East can accommodate traffic
generated by the restaurant, bar and casino. The Kalispell Growth Policy,
Chapter 10 (Transportation) identifies Highway 93 as a major arterial road
and 1st Avenue East as a collector road. Major arterial and collector roads are
constructed to handle traffic associated with commercial development such as
a casino, restaurant and bar.
C. Open Space: No specific open space is required under the B-2 zoning district
for commercial uses other than landscaping associated with the parking lot.
d. Fencing/Screening/Landscaping: The site plan proposes perimeter
landscaping along all four sides of the property. The casino is proposed on
the south side of the building to provide the maximum amount of separation
between the casino and the residential homes north of the site. Section
27.35.110 of the zoning ordinance states the following standard may be
placed on the casino:
• Increasing landscaping requirements in order to create a buffer
between the casino and adjacent land uses.
4
With the casino located on the south end facing an existing gas station,
planning staff recommends against any additional landscaping requirements.
e. Signage: Section 27.35.110(4)(a) of the zoning ordinance includes the
following limitations or prohibition for on -premise signs for casinos located
within 300 feet of a residential zone:
Limiting or prohibiting the on -premise signage or building from using
the following:
• Any terms such as gaming, gambling, cards, dice, chance, etc.
• Any reference to any associated activity or any symbols or words
commonly associated with gaming.
• Any words, terms, figures, art work, or features intended or
designed to attract attention to the fact that a casino is on site.
• Neon lighting.
No specific sign package was included in the application. With the close
proximity of residential homes north of the site planning staff recommends
one sign stating either the name of the casino or just the word "casino' be
permitted on the south facing wall of the building only. The restrictions in
section 27.35.110(4)(a) cited above are included in the recommended
conditions of approval to further downplay the presence of the casino at the
site.
f. Site design: The zoning ordinance provides several site design criteria for
casinos within 300 feet of a residential zoning district. These criteria are:
Section 27.35.110(3)
A casino is considered a minor accessory use to a primary use if the
primary use of the building and its associated facilities constitutes at
least 80% of the proposed floor space and the casino constitutes no
more than 10% of the proposed use. In addition, the casino is
generally shielded or screened from view of the primary use and
patrons.
• Section 27.35.110(4)(b)
Limiting the number and location of entrances into the casino
The overall site plan for the new building indicates the casino will take up
10% of the proposed floor space in accordance with the ordinance code. A
conceptual floor plan submitted with the application also has the casino with
a separate outside entry on the south side of the building and one door entry
from inside the restaurant. Separating the casino from the majority of
restaurant customers is the bar area. Based on the size, location and limited
access points into the casino the above sections of the zoning ordinance have
been met.
5
3. Availability of Public Services/Facilities:
a. Schools: This site is within the boundaries of School District #5. No impact
is anticipated with the proposed use.
b. Parks and Recreation: There will be no impact on the parks and recreation
programs and facilities as a result of this use.
C. Police: Police protection will be provided by the Kalispell Police Department.
No unusual impacts or needs are anticipated from the proposed use.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. No unusual impacts or needs are anticipated from the proposed
use.
e. Water: City water lines currently serve the site. No significant impact on
water services can be anticipated as a result of this facility.
f. Sewer: City sewer lines currently serve the site. No significant impacts on
sewer services can be anticipated as a result of the proposed use.
-_-`- ----- TTT_i-" T"- ------ ""----- ---- -----_'_it-- -�'-------__i-- y--*---`- r--Sla--
g. ,otorm water Drainage: i nere are currently storm water drainage lace sties
along 13th Street East. The demolition and construction of a new building on
this property will require the developer to provide water quality treatment to
storm water prior to discharging the storm water into the city's storm water
drainage facilities. A storm water plan will be required as part of the building
permit process.
h. Solid Waste: Solid waste pick-up is provided by the City. This project will
have no impact on current services.
i. Roads: Highway 93 and lst Avenue East will provide the public access to the
casino. Highway 93 is in good condition and includes sidewalks along the
properties frontage. First Avenue East and 13th Street East are city streets
but currently lack curbs, gutters, sidewalks and landscaped boulevards. As a
condition of approval for the building permit the developer will be required to
upgrade those portions of both streets to city standards that front the
property.
4. Neighborhood impacts: No neighborhood impacts are anticipated with the approval
of the conditional use permit to allow the casino. The property has historically been
used as a restaurant and bar with the current Sawbuck's casino operating on the
site for about 14 years. The Sawbuck's restaurant, bar and casino is open seven
days a week from 8 a.m. to 2 a.m. The Montana Club restaurant, bar and casino
has operating hours of 6:30 a.m. to 10 p.m. Monday through Thursday. Fridays and
Saturdays the business will close at 11 p.m. The reduced late night operating hours
would lessen the impact on the surrounding residences as opportunity for late night
noise and other disturbances would be eliminated.
5. Consideration of historical use patterns and recent changes: This area has
historically included commercial businesses in close proximity to residential
homes. The proposed casino would replace the existing casino on the property
now.
C.
6. Effects on property values: No significant negative impacts on property values
are anticipated. As previously mentioned the proposal is compatible with the
neighborhood and will not create any adverse impacts with regard to noise or
traffic.
I;WCQJMI—t `1�syl��Ci i
The staff recommends that the planning board adopt the staff report #KCU-09-04 as
findings of fact and recommend to the Kalispell City Council that the Conditional Use
Permit be approved subject to the following conditions:
1. Development of the site shall substantially comply with the site plan, elevations and
floor plan submitted with the application.
2. Casino advertising shall be restricted to one sign on the south facing wall of the
building and 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 W1LLl gQlllillg, is pl Vlllr.,llliU.
• Other than the word casino, no other words, terms, figures, art work, or
features intended or designed to attract attention to the fact that 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.
7
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE: Msw LL-UN '��ilR-AUNT
OWNER(S) OF RECORD:
Name:
Mailing Address: -Po -vn--'vx 2
N tcv- A.Lc> NZo
P,o1S PO wEu.
City/State/Zip: M\SS O U L A, MT 5*Q(, Phone: (q*)7L3 ' D 55 8
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name: ,,j C M i\- Zr-t-k t' C-(- TQ ZC--- ( ATT N = , c- F F
Mailing Address: -F::b JESOk F) t 14 rj / rp
City/State/Zip: /"'1T 5qbo7 Phone: �ybb� ����•j1
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Sec. Town- Range �, /
Address: (vj01 S. N'�A\1N f-ST ��-T No. t-T ship Z8 R No. Z 1 W
Se
Subdivision Tract 5F-D Lot Block
Name: No(s). EDA No(s). No.
1. Zoning District and Zoning Classification in which use is proposed:
1E> "Z L-TEn1r-- r-&.L 1a psi nl c-SS
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses.
b. Dimensions and shape of lot.
C. Topographic features of lot.
d. Size(s) and location(s) of existing buildings
e. Size(s) and location(s) of proposed buildings.
f. Existing use(s) of structures and open areas.
g. Proposed use(s) of structures and open areas.
h. Existing and proposed landscaping and fencing.
1
3. On a separate sheet of paper, discuss the following topics relative to the proposed
use:
a. Traffic flow and control.
b. Access to and circulation within the property.
C. Off-street parking and loading.
d. Refuse and service areas.
e. Utilities.
f. Screening and buffering.
g. Signs, yards and other open spaces.
h. Height, bulk and location of structures.
i. Location of proposed open space uses.
j. Hours and manner of operation.
k. Noise, light, dust, odors, fumes and vibration.
4. Attach supplemental information for proposed uses that have additional
requirements (consult Planner).
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate +n 1--he lino+ of mar lrnn:nlcrina Ql�n�ila �r�cr ir�fnrm �+i�r i.r rorYrodor.+ati or
Kli�K1(A I.V l.V Lll�+ FJIiVI. Vl 111,' 11L1V YY 1li l.L�l,• V31V Ulll, Qil� 1111V1111Q(.1V11 Vl 1Vyres411l.Q1.1V11
submitted in connection with this application be incorrect or untrue, I understand that
any approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be present
on the p�erty for routine monitoring and inspection during the approval and
Applicant
• 4c 7
Date
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VICINITY MAP SCALE 1" = 100'
PREMIERE RESTAURANTS, LLC
REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION AND
OPERATION OF A RESTAURANT/BAR/CASINO IN THE B-2 (GENERAL
BUSINESS) ZONING DISTRICT
PLOT DATE 2/6/09
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