Thurston County planning commission recommends denial of Black Lake Quarry rezone

The Thurston County Planning Commission voted to recommend the Board of County Commissioners deny a proposed land use and zoning map amendment for the Black Lake Quarry, following public comment and a staff presentation on permitting, environmental protections and reclamation.

The commission’s recommendation was driven by concern about environmental constraints at the site, strong public opposition and the county’s comprehensive-plan direction to focus intensive uses inside urban growth areas. “I would ask you not to allow this zoning,” resident Charlotte Persons told the commission during public comment, urging preservation of the Black River corridor and citing differences in allowed impervious surface between RR 1/20 and RRI zoning.

County planning staff described the review path a future industrial project would face if the property were rezoned, including a mandatory critical areas review permit (CARP) because of wetlands and other critical resources on the site. “CARPs are required regardless of what other permit types a project needs,” a county planner said, explaining that CARP review precedes other approvals and identifies mitigation requirements under Thurston County Code Title 24 (the county’s critical areas ordinance). Staff also outlined thresholds that can trigger State Environmental Policy Act (SEPA) review, including 8,000 square feet of commercial space, a 30-car parking lot, or 500 cubic yards of grading or filling.

Several residents and environmental advocates cautioned about the consequences of changing the zoning. Charlotte Persons and Betsy Norton emphasized that RR 1/20 is intended to limit development in environmentally sensitive areas, while rural-resources industrial (RRI) permits a broader set of industrial uses and allows substantially more impervious surface (staff noted RR 1/20’s typical 5% limit versus up to 60% of usable area in RRI as described in materials submitted by commenters). Bonnie Blessing urged the commission to consider protections for state- and federally listed species, including the Oregon spotted frog, and to avoid creating stormwater features that could harm rare amphibians.

A consultant for the landowner, David Toyer of Toyer’s Strategic Advisors, said the site is an active mining location and that certain wetlands were previously delineated as part of mining permits. “This is an active mining location,” Toyer said, and he suggested the commission could consider excluding delineated wetlands from any rezoning area if that would address concerns.

Commission discussion referenced the county comprehensive-plan policy framework and noted that the commission had recently completed a multi-year comprehensive-plan update that emphasizes concentrating new industrial and housing growth in urban growth areas. Several commissioners said the proposed rezone would be inconsistent with that policy direction and with documentation staff provided about the site’s critical areas. Commissioners also expressed concern that rezoning would remove certain public hearing opportunities for future projects and could allow uses not envisioned by neighbors.

Commissioner [name recorded in meeting as] Maberna moved to recommend denial of the rezone and land-use amendment; the motion was seconded. The commission took a roll call vote: Kevin Pessinger — aye; Vice Chair Bumbarger — aye; Colin Bartlett — aye; Sandy Kaiser — aye; Bill Fishburne — aye; Yvonne Miller — aye; Eric Cusino — nay; Joel Hansen (chair) — nay; Nelson — nay. The motion passed by a 6–3 vote, and staff said the recommendation and packet will be forwarded to the Board of County Commissioners for final decision.

Staff noted the site will be subject to reclamation requirements under the Department of Natural Resources regardless of the zoning decision, and that reclamation can produce a range of outcomes — from passive open space and wetlands to commercial, industrial or recreational uses depending on permits, bonding and timeline. Examples shown to the commission included Chambers Bay (a former sand-and-gravel site converted to a golf course) and a Port of Tacoma-area site restored to wetlands.

The commission asked staff to include the public comment summary and environmental concerns in the recommendation materials to the board and discussed whether any minority report would be filed; none was volunteered. The commission also discussed timing for sending materials to the board and requested staff prepare the recommendation letter reflecting the motion’s main points: public opposition, environmental constraints, and the county’s comprehensive-plan guidance to prioritize growth inside urban areas.

The board will receive the commission’s recommendation at a future meeting, together with materials on a separate rezone (Martin Way) the county is sequencing for administrative reasons.