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1 This area is serviceable by existing sewer utility service lines and lies to the south of a <br /> 2 contiguous R-1 zone. The remaining area of the subject properties adjacent to Larimer <br /> 3 Road could not be serviced by existing gravity sewer facilities but will have to utilize <br /> 4 septic tanks or other acceptable non-public sewer systems until there is an extension of <br /> 5 the existing City sewer service. Currently, the Snohomish Health District will not allow <br /> 6 septic tanks on lots smaller than 12,500 square feet. <br /> 7 13. The comprehensive plan of the City of Everett designates the subject 54 <br /> 8 acre area for single-family residential uses. <br /> 9 <br /> 10 From the foregoing Findings of Fact, the City Council makes the following: <br /> 11 <br /> 12 CONCLUSIONS OF LAW <br /> 13 1. By virtue of the laws of the State of Washington, the Charter and <br /> 14 ordinances of the City of Everett, the City Council has jurisdiction to consider this <br /> 15 zoning reclassification. All pertinent procedural and notification requirements have <br /> 16 been met. <br /> 17 2. When considering a zoning reclassification, the City Council acts in a <br /> 18 quasi-judicial capacity. Unlike an original zoning classification, a reclassification (at <br /> 19 least a reclassification which denies a landowner a particular use of his property) does <br /> 20 not have a presumption of validity. A zoning reclassification is a valid exercise of <br /> 21 municipal police power when there has been substantial change in conditions in the area <br /> 22 since the prior zoning classification and when the zoning reclassification bears a <br /> 23 substantial relationship to the public health, safety and general welfare. <br /> 24 3. With regard to the area of the rezone request which was placed in an <br /> 25 interim A-1 zone in December of 1978, the classification of this area to R-S zoning <br /> 26 designation, the test of validity for such a reclassification is not as strict since the A-1 <br /> 27 zone was interim in nature. Notwithstanding the interim nature, the addition of the <br /> 28 Steep Slope Ordinance and the drainage agreement with the State of Washington provide <br /> 29 substantial change of conditions since the A-1 zoning classification was applied. <br /> 30 4. With regard to the R-S area reclassified in December of 1978, for the <br /> 31 substantial portion thereof, there is no change and no particular conclusions are <br /> 32 necessary therefor. <br /> -4- <br />