BELLINGHAM - Whatcom County and Bellingham leaders will settle their legal fight over urban zoning on land just outside city limits.
The County Council voted 6-1 last week to settle a challenge from the city at the state growth board. Council member Ken Mann voted against the settlement.
The County Council in April voted to change the "urban residential-mixed use" zone, in areas outside city limits, to allow restaurants and coffee shops up to 5,000 square feet, twice the previous limit. The change also allowed them to have drive-throughs, which weren't previously allowed. At the time, Mann and County Council member Carl Weimer voted against the zoning changes.
Two weeks later, the Bellingham City Council voted to challenge the changes at the state growth board. City officials said the changes undermined the intent of the zone: to create pedestrian-friendly neighborhood centers. City leaders said the county didn't properly consult the city about the changes.
Then on Oct. 10, the City Council voted 6-0 to approve a settlement on the following conditions: the county reduces the size of allowed buildings back to 2,500 square feet, and the city and county expedite creation and approval of a new agreement governing how they work together on urban growth areas just outside city limits. Gene Knutson abstained from voting on the settlement because he was absent from the closed-to-the-public executive session earlier in the day.
The County Council agreed to the settlement Wednesday, Nov. 9.
"One more thing off the prosecuting attorney's plate," council Chairman Sam Crawford said. Crawford first proposed the zoning changes.
Mann said he voted against the settlement because he didn't support any of the zoning changes the council made in April.
"I didn't want to put my stamp of approval on any part of it," he said. "Just because we're making something less bad doesn't mean I want to still vote for it."
On Sept. 1, the state growth board extended the case schedule so the governments could reach a settlement. The case number is 11-2-0006.
