Point Ruston Theater Zoning - The EIS Matters

The idea of a movie theater at Point Ruston got mixed reviews, and raised some questions when we read about earlier this month. Apparently it raised some questions for Councilmember Boe as well. The City Manager’s report last week had some answers.

In response to Councilmember Boe’s questions regarding the proposed multiplex at the Point Ruston development site, staff review concludes that the project, at least with consideration given to the information known at this time, would be allowed under the current zoning regulations and the project’s Environmental Impact Statement (EIS).

The portion of the Point Ruston development site that falls within Tacoma City Limits is located within the S-6 Ruston Way Shoreline District. It is therefore regulated under the Tacoma Shoreline Master Program and Tacoma Municipal Code (TMC) Chapter 13.10. Shoreline zoning districts would typically only extend 200 feet from the ordinary high water mark, but the entire footprint of the former Asarco smelter site was included in the S-6 district for consistency sake, meaning that in this location, the district extends up to 800 feet from the ordinary high water mark.

In determining which uses are (and are not allowed) Chapter 13.10 of the TMC, which regulates S-6 considers use classification and its “water orientation” (whether it is water-dependent, water-related, for enjoyment, or non-water-oriented). In this case, the theater would be a “commercial, non-water-oriented use,” and therefore would not typically be allowed within ?.

All this looks like it may be moot, however, because Point Ruston performed an Environmental Impact Statement (EIS) for the entire site, and has a shoreline permit vested under the existing code for five structures within Tacoma’s jurisdiction. Mixed-use commercial non-water-oriented uses are not permitted within 150 feet of the ordinary high water mark. At least three of the buildings mentioned fall outside that 150-foot range, and could therefore house the proposed theater. As the project develops there may be need for further permitting, but until specifics of the project are known, the City can’t say with certainty.

These regulations of course only apply to the portion of the Point Ruston development which falls within Tacoma, and not to the portion that falls within Ruston’s jurisdiction, but it looks like, barring new information, development the multiplex will be allowed to go forward because the EIS cleared the way. Good consistency for developers. Not so good if you don’t like the idea of a (nearly) waterfront cinema.

This is a good reminder of the potential impact of the EIS process, and of the importance of public involvement in those processes. Like the one being undertaken for the MLK and South Downtown Subarea Plans.

Which reminds us… you’ve got a chance to find out how the planning is going and have your say at this week’s MLK Subarea Plan Community workshop