Packwood Subarea Plan - Frequently Asked Questions Updated February 2022 - Lewis ...
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Packwood Subarea Plan Updated February 2022
Frequently Asked Questions
Packwood Subarea Plan – Frequently Asked Questions
Updated February 2022
Below are questions that have been asked by the community during meetings, forums and via
email. As additional questions are raised, this document will be update.
1. What is the zoning in Packwood?
Packwood has multiple zones ranging from mixed use to commercial, industrial and residential.
Residential zoning in the area can range from one dwelling unit per 20 acres to up to one duplex
per lot, as limited by well and septic spacing requirements and Packwood’s existing character. There
are hundreds of existing lots that are significantly smaller than the zoning density in some areas.
Those lots are considered “legal nonconforming” and may persist. For more information about the
zoning and allowed uses please see Lewis County Code 17.42, Summary of Land Uses, at
https://www.codepublishing.com/WA/LewisCounty/#!/LewisCounty17/LewisCounty1742.html#17.42
An interactive map displaying zoning is also available at https://gis.lewiscountywa.gov/webmap/
2. Who determines the zoning and what is allowed in each zone?
Due to Packwood being unincorporated, Lewis County determines the zoning. The zoning must
comply with the Lewis County Comprehensive Plan and the Washington Growth Management Act.
Lewis County can change the zoning and what is allowed in each zone as long as it remains in
compliance. For more information about the Lewis County Comprehensive Plan please visit
https://lewiscountywa.gov/departments/community-development/adopted-plans/
3. What is a LAMIRD?
A LAMIRD is a “local area of more intense rural development.” LAMIRDs are small areas where
historic development occurred at a density higher than what is normally seen in rural areas. In 1995,
when Lewis County was required to come into compliance with the Growth Management Act, the
county zoned small unincorporated communities like Packwood as LAMIRDs. LAMRIDs ranges from
commercial crossroads with a gas station and coffee shop to small towns that have not
incorporated. There are nine LAMIRDs that make up what is commonly known as Packwood.
4. Can Packwood grow in the existing LAMIRDs?
Yes, new development and redevelopment are allowed inside LAMIRDs as long as the structures are
of similar size, shape, use and intensity as what has historically existed. However, the boundaries of
LAMIRDs cannot expand. The boundaries are set based on the development patterns that existed in
1995 and by state law those cannot be changed. In addition, no new residential LAMIRDs are
allowed. The only new LAMIRDs allowed by the state are for recreational or industrial uses.
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Frequently Asked Questions
5. What is allowed in the small town mixed use (STMU) zone?
Small town mixed use (STMU) is type of LAMIRD. The zone is applied to downtown Packwood and
allows a wide range of uses including commercial uses such as grocery stores and restaurants,
hotels and professional offices, as well as residential use including single dwelling houses, duplexes,
and row houses. All new development must be consistent with the existing and historic character of
the area in terms of size, shape and intensity, as required by state law. In addition, development
must meet public health requirements by having services like potable water and septic. Although
some uses are technically allowed, if there is not sufficient services then that use cannot be
approved. Please see the Land Use Summary table in Lewis County Code 17.42
https://www.codepublishing.com/WA/LewisCounty/#!/LewisCounty17/LewisCounty1742.html#17.42
6. Why isn’t there more multifamily residential in Packwood?
Multifamily residential development, such as triplexes, townhomes and apartments, are allowed in
the SMTU zone. However, without sewer there is typically insufficient space for septic systems to
treat wastewater from higher density developments.
In other county zones, ADUs and duplexes are allowed but multifamily residential is not allowed.
Lewis County is exploring options for allowing more diversity of housing types in LAMIRDs and in
rural areas. Please see the Land Use Summary table in Lewis County Code 17.42
https://www.codepublishing.com/WA/LewisCounty/#!/LewisCounty17/LewisCounty1742.html#17.42
7. When will sewer in downtown Packwood be constructed?
Lewis County has received a grant from the Department of Commerce to plan and construct sewer.
Planning will occur in 2022/2023 and construction is anticipated in 2026.
8. What is the definition of affordable housing?
Affordable housing means that a person spends no more than 30% of their monthly income on rent
or mortgage (RCW 84.14.010 Definitions). For a single person making minimum wage of $14.49 an
hour, affordable rent is $695 a month. Median Family Income (MFI) for a family of four is $53,000
per year and affordable rent/mortgage is $1,325 a month.
When Lewis Count staff use the phrase “affordable housing,” they mean everyone making minimum
wage or more can find housing that is affordable for them. To achieve that, there must be an
adequate supply of a diversity of housing options – apartments, condos, mobile home parks,
townhomes, duplexes, single family residences – either in rural areas or in the cities throughout the
county. Currently there is a shortage in Lewis County of affordable housing options for people
earning lower to middle wage.
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Frequently Asked Questions
9. What is the old mill site zoned?
The mill site is split zoned small town industrial (STI) and STMU (STMU see Question 5). STI is a type
of LAMIRD and allows industrial uses only. No new residential or commercial uses are allowed in a
STI zone. Any type of new industrial use could develop on the site, including an event center such
as an amphitheater. The site is currently owned by Hampton Lumber Mills; however, operations
ended in 1998. Please see the Land Use Summary table in Lewis County Code 17.42 for information
about allowed uses in the STI zone
https://www.codepublishing.com/WA/LewisCounty/#!/LewisCounty17/LewisCounty1742.html#17.42
10. Can the small town industrial (STI) area be changed to a different
zone?
Yes. There are options being explored by Lewis County and the Community Advisory Committee.
Any change must comply with the Lewis County Comprehensive Plan and Growth Management Act.
11. Can development happen in the floodplain?
Yes, but it is highly regulated. New residential and commercial development in floodway is
prohibited. The Cowlitz River in Packwood experiences frequent flooding. However, the most recent
flood events have been minor causing some damage. A major, 100-year flood event will cause
significantly more damage. For these reasons, development in the floodplain can happen in limited
circumstances, with specific engineering, and with mitigation for impacts to the capacity of the flood
area to contain floodwaters. Please see Lewis County Code 17.38 for more information about
Frequently Flooded Areas and development limitations
https://www.codepublishing.com/WA/LewisCounty/#!/LewisCounty17/LewisCounty1738.html#17.38
12. When will the updated floodplain map for Packwood be adopted?
Lewis County contracted with Watershed Science and Engineering Inc. to provide an accurate map
of the flood area in Packwood. The flood area map has not been updated since 1981 and
technology has improved significantly over the years. The map has been submitted to FEMA for
approval. Lewis County expects a response by midyear 2022.
13. Can development happen in the Channel Migration Zone?
The Channel Migration Zone is the area within which the Cowlitz River naturally changes course
over time. Channel migration can happen rapidly due to a flood event as well as slowly over
decades. When the channel moves it erodes banks in some areas and deposits sediment and debris
in other areas. This poses a high risk to properties and structures. As a result, development within
the Channel Migration Zone is restricted. Please see Lewis County Code 17.38 for more information
about Channel Migration Zone and development limitations
https://www.codepublishing.com/WA/LewisCounty/#!/LewisCounty17/LewisCounty1738.html#17.38
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Frequently Asked Questions
14. Can Packwood incorporate as a city?
Not right now. State law requires that a town have a population of at least 1,500 residents to
incorporate. Resident means a registered voter. Voting district #043, which the same area Lewis
County Water District #3 boundary, has 228 registered voters. Voting district #005 is east Lewis
County, not including Randle, and has 789 voters. There is no voting district that matches the
Packwood study area. See the voting district maps at https://maps.lewiscountywa.gov/topic/voting-
districts-service-areas/
15. Could an urban growth area be placed around Packwood?
Yes, with limitations. Urban growth area (UGA) boundaries are placed around a geography where
development can be supported at urban densities. Most UGAs are placed around cities where the
city expects to expand and annex over 20-years. An UGA can be applied to an unincorporated
town. An UGA could be applied to the portion of Packwood that can be served by urban services
and facilities, like sewer and water, over a 20-year period.
16. If a UGA is placed on Packwood, can zoning change?
Yes. In fact, zoning would need to change to encourage urban densities of development. The
purpose of an UGA is to concentrate development to prevent sprawl in the rural areas.
17. Are hotels, motels and bed and breakfasts considered short term
rental (STR)?
No, hotels, motels and bed and breakfasts are not STRs. Washington State defines short term rental
as “a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or
portion thereof, that is offered or provided to a guest by a short-term rental operator for a fee for
fewer than thirty consecutive nights.” (RCW 64.37.020 Definitions)
Hotels, motels and bed and breakfasts are considered “transient accommodations.” Washington
State defines transient accommodations as “any facility such as a hotel, motel, condominium, resort,
or any other facility or place offering three or more lodging units to guests for periods of less than
thirty days and may include food service operations. (WA Department of Health
https://doh.wa.gov/sites/default/files/legacy/Documents/Pubs//505019.pdf)
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Frequently Asked Questions
18. What are the regulations for STR?
Because short term rentals (STRs) are a business, they are required to get a state business license
and pay state business taxes. Otherwise there are currently no additional regulations of STRs in
Lewis County. Like most businesses, STRs are not required to get a business license from Lewis
County.
One of the state business taxes requires STR owners to send in a personal property listing form to
the Lewis County Assessor’s Office on an annual basis. The form must include all items used in the
rental by tenants. Examples are furniture, bedding, televisions, refrigerator, lawn furniture, etc. A
Unified Business Identifier number is required on the listing form. For more about the state
requirements please visit https://dor.wa.gov/education/industry-guides/lodging-guide/personal-
home-rentals
19. Are STRs taxed differently than other residential development?
STRs are a business and are required to get a license from the state. As a business STRs are
required to pay personal property tax, which other residential developments are exempt from
paying. Because Lewis County has not tracked STRs in the past, there has been no way to enforce
the property tax requirement. The Lewis County Assessor’s Office is currently inventorying all STRs
so that they can be taxed appropriately.
20. What are the options for regulating STRs?
There is a range of options for regulating STRs and the Community Advisory Committee will be
exploring the options to determine what might work for Packwood. The options range from a
moratorium on new STRs to caps on the number of STRs in different zones to limits on occupancy.
In additional, home owner associations may adopt STR use and operation regulations into their
bylaws.
21. Are STRs taking up long-term rental housing stock?
Most STRs in Packwood are vacation homes that the owner rents out while they are not using it.
Vacation home owners want to use their home frequently and will not rent it long term. STRs also
provide a much higher rent than long-term rentals, reducing a potential landlord’s economic
incentive to rent out a house long term. However, community members have shared that seasonal
employees once could find rental houses in Packwood and those are no longer available. Others in
the community have been evicted when the owner wanted to use the dwelling as STR instead of
LTR.
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Frequently Asked Questions
22. What are the landlord/tenant rules?
Landlord/tenant rules come from a combination of lease agreements and state law. Residential
Landlord-Tenant Act, Ch. 59.18 RCW sets forth rules about rental maintenance, rent, and what to do
if the landlord or tenant does not comply. A lease agreement can define further responsibilities.
Generally, before the pandemic, landlords could evict tenants for failure to pay rent or for no cause
at all, provided they gave the tenant notice for a period appropriate to the type of eviction. Failure
to pay rent could proceed on shorter notice than no-cause evictions. During the pandemic, the
Governor issued proclamations preventing tenants from being evicted for nonpayment of rent,
except in limited circumstances. Those proclamations have expired.
In the meantime, the state legislature passed two amendments to the Residential Landlord Tenant
Act. The first requires a chance for mediation between the landlord and tenant before an eviction
can proceed, and the second requires that tenants can be evicted, in many circumstances, only “for
cause”. “For cause” means the eviction must be because of one of several reasons specified in the
statute, such as failure to pay rent, breach of a requirement of the lease, damage to the rental unit,
etc. The notice period for nonpayment of rent evictions increased, as well.
23. How are property taxes calculated?
Property taxes are based on what the taxing districts in your area can budget for annually, which is
constrained by several state laws. The budgets cannot increase more than 1% over last year’s
budget plus new construction and state assessed utility increases. However, some additional funds
can be raised by levies voted on by the residents in a district.
Each November, taxing districts must turn in their budgets to the Assessor. The Assessor calculates
the levy rate by dividing the property tax budget of the taxing district by the assessed value of all of
the properties in that district. That computation sets the levy rate that is applied to each parcel in
that taxing district, usually expressed as a figure in dollars per $1000 of assessed value. The Lewis
County Board of County Commissioners approves the budget.
One result of the budget-based system is that each taxpayer contributes to the budget in
proportion to the value of the property the taxpayer owns. So, if a taxpayer’s value increases
relative to others in the same district, he or she may pay proportionally more.
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24. Why have the property taxes increased in Packwood?
All regular taxing districts can ask for 1% more in their budgets than the previous year. This is added
to the cost of new construction and state assessed utility increases. Also, voters may approve new
or changed levies in some circumstances. Based on these things, the average taxpayer’s bill may
increase annually by 8-11%. For 2022 tax year, unless a homeowner made a significant change to
their property, most people’s taxes were similar to 2021. Some property owners saw an increase
and others a decrease. To review tax history for any parcel in Lewis County, please visit
https://parcels.lewiscountywa.gov.
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