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HomeMy WebLinkAbout4535 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY CLEr~:'S OFFICE CITY 0F ;"',[;BURN ,~ West Main Aul~m, WA 98001 ORDINANCE NO. 4 5 3 5 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW 40 MECHANICAL AMUSEMENT DEVICES AS PART OF A FAMILY ORIENTED SPORTS THEME ENTERTAINMENT FACILITY TO BE KNOWN AS "AUBURN FAMILY SPORTS CENTER" LOCATED AT 340 EAST MAIN, WITHIN THE CITY OF AUBURN. WHEREAS, Application No. CUP0007-91 dated October 7, 1991, together with site plans therefore, has been submitted to the City of Auburn, Washington, by MYRON and MADELEINE MASSEY requesting a Conditional Use Permit to allow 40 mechanical amusement devices as part of a family oriented sports theme entertainment facility to be known as "AUBURN FAMILY SPORTS CENTER" to be situated on property located at 340 East Main, within the City of Auburn, Washington in a C-2 (Central Business District) zone hereinafter described in Section 2 of the Ordinance; and WHEREAS, said request above referred to, was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, the Hearing Examiner, based upon staff review, held a public hearing to consider said petition in the Council Chambers of the Auburn City Hall, on November 19, 1991, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow 40 mechanical amusement devices as part of a family oriented sports theme entertainment facility to'be known as "AUBURN Ordinance No. 4535 December6,1991 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 FAMILY SPORTS CENTER" to be located at 340 East Main based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT The applicants, Myron and Madeleine Massey, through their agent, W. Jay Thorp, apply for a a Conditional Use Permit. The request is to allow the operation of 40 mechanical amusement devices as part of a family oriented, sports theme entertainment facility. The subject property is located at 340 East Main Street and is zoned C-2, Central Business District. The existing land use is that of a vacant building as the site was previously operated as a grocery store for 57 years. Surrounding zoning and land use in the vicinity include C- 2, Commercial, in all directions. The Comprehensive Plan designates the subject site together with surrounding lands in all directions for general commercial uses. The applicant is proposing to develop a facility to be known as "Auburn Family Sports Center". The applicant advises that the facility will be open 7 days per week and that the earliest opening time will be 11:00 A.M. The facility will close at 9:00 P.M. during the school year on week nights and may be open until approximately 11:00 P.M. on weekends. The facility would include a number of family oriented entertainment uses with a sports theme. The uses would include, but not be limited to, a 9 hole miniature golf course, batting cages, concessions, together with retail sales of sporting goods. The applicant also proposed to intersperse throughout the facility 40 mechanical amusement devices some of which may be video games. However, at the time of the public hearing, the applicant strongly asserted that this facility is not intended to be a video arcade. All of the video games would have a sports theme and would only constitute a small part of the facility. Ail of the uses proposed are permitted outright in the C-2 zone. The Conditional Use Permit. is only required for the mechanical amusement devices since only 4 mechanical Ordinance No. 4535 December 6, 1991 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 10. 11. 12. amusement devices can be permitted unless the requirements of a conditional use permit can be established. The Zoning Code would require 40 parking spaces for the use. However, the applicant illustrates approximately 50 parking spaces on-site. The building is not currently sprinklered. Since the use will be changed the Uniform Building Code together with applicable City ordinances will most likely require an automatic fire sprinkler system. Any significant changes to the proposal may also change the final decision at the time of the building plan review process relating to the requirement of a fire sprinkling system. At the time of the public hearing, a number of witnesses spoke in favor of the proposal. One witness spoke against the proposal. While those who supported the proposal were confident that the proposal was intended to be a family oriented facility, concern was expressed with regard to late night activity and the possible need for additional security. In addition, some concern was expressed with regard to traffic. However, parents, coaches, and teachers generally spoke strongly in favor of the proposal. One youth team coach was awaiting the opening of the facility with great anticipation explaining that he was anxious to have a place where he could take his sport teams where alcohol was not served. Other witnesses pointed out that the facilities which would be offered, especially the batting cages, are of dire need in Auburn since there are a number of sports teams yet no facility where the children can practice in a safe and dry environment. The applicant indicated that the business will have strict behavior guidelines for behavior of its patrons both inside and outside of the facility. The applicant again emphasized that the game aspect of the business is only a small portion of the business as proposed. The Business Improvement Area, or BIA, is generally in favor of the proposal. At the time of the public hearing letters from two neighbors together with a letter from the Superintendent of the Auburn School District ' #408 were admitted in support of the proposal. Ordinance No. 4535 December 6, 1991 Page 3 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 13. 14. The City of Auburn Downtown Plan encourages the development of "people oriented" uses which will contribute to the pedestrian character of downtown. A mixture of uses is promoted and encouraged. The staff report, with its recommendation of conditional approval, is incorporated herein by reference as though set forth in full. CONCLUSIONS OF LAW ¸0 The city of Auburn Zoning Ordinance contains a series of criteria which must be established by the evidence before a conditional use permit can be granted. It is emphasized that the use as described is permitted outright in the zoning district. The conditional use permit is only required to allow the utilization of the additional mechanical amusement devices. The first of these criteria is that the use will have no more of an adverse effect on the health, safety, or comfort of persons living or working in the area than would any use generally permitted in the district. The proposed use is complementary to other uses within the CBD by providing an entertainment facility where the use will be conducted entirely within the building and sufficient parking is provided. Accordingly, this use will not adversely impact other businesses in the vicinity nor will there be an adverse impact upon the existing parking in the CBD. The proposal is in accord with the goals, policies and objectives of the Comprehensive Plan and appears to comply with requirements of the Zoning Ordinance. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the intended character of the general vicinity. There is no evidence that the proposal would adversely affect the public infrastructure. The proposal appears to benefit the families and most particularly the youth of the City of Auburn. Ordinance No. 4535 December 6, 1991 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this Conditional Use Permit to allow 40 mechanical amusement devices as part of a family oriented, sports theme, entertainment facility to be known as "Auburn Family Sports Center" to be situated on property located at 340 East Main is approved and affirmed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: 8eotion ~. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. Seotion Z. A Conditional Use Permit is hereby approved to allow 40 mechanical amusement devices as part of a family oriented sports theme entertainment facility to be known as "AUBURN FAMILY SPORTS CENTER" to be situated on property located at 340 East Main, within the City of Auburn, Washington in a C-2 (Central Business District) zone, situate in the City of Auburn, County of King, State of Washington, and is legally described as follows: Lots 27, 28 and 29; Lot 30, except the west 17.73 feet of alley; the east 182.27 feet of Lots 32, 33, 34, and 35. All in River View Addition to Auburn, as per plat recorded in Volume 9 of Plats on page 90, records of King County. Ordinance No. 4535 December 6, 1991 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 3. The number of machines shall be limited to 40. The machines must also be part of another use(s) which is permitted by the C-2 zone. Section 4. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the city of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 5. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: q~ MAYOR ATTEST: Ordinance No. 4535 December 6, 1991 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Robin Wohlhueter, City Clerk APPROVED AS TO FORM: City Attorney PUBLISHED: Ordinance No. 4535 December 6, 1991 Page 7