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Planning commission backs CAO update, adds 110‑foot buffer for Lake Boren

Newcastle Planning Commission · January 29, 2026
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Summary

The Newcastle Planning Commission unanimously voted to recommend City Council adopt an updated critical areas ordinance (Ordinance No. 2026-683) that increases several wetland and stream protections and includes an amendment to set a 110‑foot buffer for Lake Boren; staff said the draft increases the number of fully encumbered parcels from about 34 to roughly 143 under the proposed buffers.

The Newcastle Planning Commission voted unanimously on Jan. 28 to recommend City Council adopt an update to the city’s critical areas ordinance, including an amendment that sets a 110‑foot buffer around Lake Boren.

Consultant Katie Posler told commissioners the update implements recent state guidance and the city’s 2044 comprehensive plan periodic update, grouping proposed changes into three categories: state-required updates, housekeeping edits and staff-driven quality improvements. ‘‘The proposed code changes fall into three different categories,’’ Posler said, listing items that affect development such as reinstating a 10‑foot building setback from critical areas and buffers, a new nonconforming section allowing a one‑time 500‑square‑foot ground‑level footprint expansion in limited circumstances, and a wetland category‑4 threshold change from 2,500 square feet to 1,000 square feet.

Doug Yormick of FACET presented the stream‑buffer analysis and a gap study using best available science (including Washington Department of Fish and Wildlife guidance). Yormick said the draft CAO relies on a predictive fixed‑buffer model rather than the site‑potential‑tree‑height approach used in some jurisdictions. Under the draft fixed‑buffer approach, he said, about 143 parcels would be fully encumbered (80–100% of the parcel), up from roughly 34 under current regulations; using the site potential tree‑height method would, in his analysis, fully encumber on the order of 1,100 parcels. ‘‘The predictive model results in approximately 143 properties that would become fully encumbered versus the site potential tree heights which would affect over 1,000 properties,’’ Yormick said.

The draft code also clarifies tree retention versus mitigation plantings (both remain required), shortens mitigation‑monitoring from five to three years for projects under 2,500 square feet, and adds a preliminary wetland/stream verification process to let applicants resolve category and buffer questions before a full application is submitted.

After the presentations and commissioners’ questions, staff noted a public‑comment suggestion to treat Lake Boren explicitly as having a 110‑foot buffer and prepared a motion amendment to that effect. A commissioner moved to recommend City Council approval of ‘‘Ordinance No. 2026‑683, critical areas ordinance update, as amended to apply a 110‑foot buffer to Lake Boren.’’ Another commissioner seconded; the commission voted ‘‘aye’’ and the motion carried unanimously.

Next steps: the commission’s recommendation will be transmitted to the City Council; staff noted a council study session on the draft CAO is scheduled for Feb. 3, and the council may amend the recommendation or hold its own hearing. The commission also approved the proposed 2026 work plan and adjourned.

Reporting note: direct quotes and numerical summaries in this article come from consultant presentations and staff comments at the Jan. 28 Planning Commission hearing. Where numbers in the presentation represented high‑end modeling scenarios (e.g., the site‑potential tree‑height outcomes), the article notes that staff recommended the predictive fixed‑buffer approach as the basis for the recommendation.