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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
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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
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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
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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
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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
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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
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Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
City Attorney
PUBLISHED:
Ordinance No. 4535
December 6, 1991
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