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HomeMy WebLinkAbout2010 04 12 Public Hearings 500 Second Reading and Adoption of Ordinance 2010-03 Amending List of Permitted, Conditional and Prohibited Uses CITY COMMISSION AGENDA Consent Informational ITEM 500 Public Hearin g X Re gar April 12, 2010 Meeting °,M / De .t Authorization REQUEST: The Community Development Department requests the City Commission hold a Public Hearing for second reading and adoption of Ordinance 2010 -03, amending the list of permitted, conditional, and prohibited uses in the I -1 Industrial Zoning District and amending certain related definitions in the Zoning Code. SYNOPSIS: The City has been working on various aspects of the 419 Metals site for the past seven (7) years. Recently, the City has made provisions for routing the Cross Seminole Trail along the S.R. 419 right -of -way. Part of this routing is dependent upon donated trail right -of- way from Bart Phillips. The City has abandoned Ginger Lane and portions of Old Sanford - Oviedo Road in favor of 419 Metals. The requested text amendment detailed in Ordinance 2010- 03 represents the City's desire to allow secondary metal recycling and recycling of non- , hazardous materials in the Light Industrial Zoning District under very limited and specific criteria. CONSIDERATIONS: FUTURE LAND USE & ZONING DESIGNATION: Future Land Use Designation: Industrial Zoning District: Light Industrial APPLICABLE LAW AND PUBLIC POLICY: • Section 2 (b), Article VIII, of the State Constitution • Florida Statute 163.3194 - Legal Status of Comprehensive Plan • Florida Statute 163.3201 - Relationship of Comprehensive Plan in exercise of Land Development Regulatory Authority • Florida Statute 166.041 - Procedures for adoption of ordinances and resolutions • Winter Springs Charter Section 4.15 - Ordinances in General • Winter Springs Code of Ordinances, Chapter 20 • Winter Springs Comprehensive Plan April 12, 2010 PH Item 500 Page 2 The City recognizes that there are environmental and economic benefits related to various types of recycling. In fact, the City has adopted a recycling program for common household items which are recycled through weekly solid waste services provided by the City. There is also recognized benefit to recycling various types of metals. There is limited need to provide local metal recycling options within the City and Seminole County. This need appears to be best accommodated within the City's Light Industrial zoning category. The City recognizes that there are very few parcels of existing real property that are uniquely situated adjacent to a railroad line or spur and not having frontage on a collector or arterial roadway that are well suited to the accommodation of secondary metal recycling facilities. The 419 Metals facility already exists on such a site. It is in the public interest to allow a facility which meets the stated need of providing a local metal recycling option to continue in operation and expand/improve the facility subject to certain stated criteria. Said criteria are for the purpose of protecting the public interest and the surrounding property owners. The proposed text amendment allows for the continuation of the existing facility and for the upgrade of said facility in conformance with the stated criteria. FISCAL IMPACT: There is no immediately known fiscal impact to the City. However, allowing the existing use to continue in operation and to expand/upgrade will mean continued and possibly enhanced property tax revenues to the City. COMMUNICATION EFFORTS: January 24, 2010 — Public noticing in the Orlando Sentinel of Local Planning Agency Public Hearing February 3, 2010 — Public Hearing before the Local Planning Agency February 11, 2010 — Public noticing in the Orlando Sentinel of the First Reading of Ordinance 2010 -03 February 22, 2010 — Public Hearing of Ordinance 2010 -03 before the City Commission April 1, 2010 — Public noticing in the Orlando Sentinel of the Second Reading of Ordinance 2010 -03 TENATATIVE IMPLEMENTATION SCHEDULE: February 22, 2010 — First Reading of Ordinance 2010 -03 before the City Commission April 1, 2010 — Public Noticing in the Orlando Sentinel (Display Ad - 5 days prior to adoption). April 12, 2010 — Proposed Second Reading/Adoption of Ordinance 2010 -03 RECOMMENDATION: PLANNING & ZONING BOARD /LOCAL PLANNING AGENCY RECOMMENDATION The Planning & Zoning Board held a public hearing on February 3, 2010 and recommended approval of Ordinance 2010 -03 with the addition of language to paragraph 10 of the Ordinance allowing the recycling of non - hazardous materials. STAFF RECOMMENDATION: Staff recommends, based upon the findings contained in this agenda item and the review and recommendation of the P &Z Board, as well as the conditions contained in the Code Enforcement April 12, 2010 PH Item 500 Page 3 Lien Satisfaction Agreement, that the City Commission hold a public hearing for second reading and adoption of Ordinance 2010 -03. ATTACHMENTS: A Public Noticing in Orlando Sentinel B Minutes of the P &Z/LPA meeting on February 3, 2010 C Ordinance 2010 -03 A TTACHMENT A . SE THURSDAY, APRIL 1, 2010 G3 L - 'ICE OF PROPOSED NOTICE OF • ►NGES TO PART III ZONING CODE CHANGES LAND DEVELOPMENT CITY OF WINTER SPRINGS JULATIONS OF THE CITY CODE NOTICE IS HEREBY GIVEN THAT BY GIVEN that the City Commission of the City THE CITY COMMISSION OF oposes to adopt the following ordinance: THE CITY OF WINTER SPRINGS ORDINANCE 10 -1314 PROPOSES TO ADOPT: E OF THE CITY OF CASSELBERRY, FLORIDA, 1RT III, ARTICLE X, SECTION 3 -10.9 OF ORDINANCE NO. 2010 ERRY CODE OF ORDINANCES ENTITLED VEHICLES IN RESIDENTIAL DISTRICTS" AN ORDINANCE OF THE CITY COMMISSION a SECTION 3 -10.9 IN ITS ENTIRETY AND OF THE CITY OF WINTER SPRINGS, FLORIDA, I SECTION 3 -10.9 TO INCLUDE SECTION ED VEHICLES ", SECTION B, "PERMITTED AMENDING THE LIST OF PERMITTED, . ECTION C, "RECREATIONAL EQUIPMENT ?, CONDITIONAL AND PROHIBITED USES IN THE `GENERAL REQUIREMENTS APPLIED TO VEHICLES, PERMITTED VEHICLES AND 1 -1 INDUSTRIAL ZONING DISTRICT; AMENDING L EQUIPMENT ", SECTION E, "PREPARED CERTAIN RELATED DEFINITIONS IN THE I ", AND SECTION F, "UNLICENSED AND /OR EHICLES ";PROVIDINGFORCODIFICATION, ZONING CODE; PROVIDING FOR THE REPEAL EVERABILITY AND AN EFFECTIVE DATE. OF PRIOR INCONSISTENT ORDINANCES AND "I , - 's RESOLUTIONS; INCORPORATION INTO THE ON xm,o ' { ; , CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Ij • PUBLIC HEARING , , FOR FINAL READING/ADOPTION ;: ; � WILL BE HELD ON MONDAY, APRIL 12, 2010 1 AT 5:15 P.M. OR SOON THEREAFTER 1 " J IN THE COMMISSION CHAMBERS j k LOCATED AT WINTER SPRINGS CITY HALL - �j 1126 EAST STATE ROAD 434 i t°� -p— WINTER SPRINGS, FLORIDA : u •u ..,� _��\ The proposed ordinance may be obtained by interested parties between 8 a.m. and 5 p.m., will be held on this ordinance by the City Monday through Friday, at the City's .Clerk's )nday, April 12, 2010, at 7:00 P.M. irr the Office, located at 1 126 E. SR 434, • Winter II, 95 Triplet Lake Drive, Casselberry, Florida Springs, Florida. For more information, call r as possible. This hearing maybe continued s found necessary. At the hearing, interested (407) 327 -1800 #227. Persons with disabilities and be heard with respect to the proposed needing assistance to participate in any of Code of Ordinances. Copies of the proposed these proceedings should contact the Em e for review and/or copying at City Hall in the p 9 Employee iment Department and may be inspected by Relations Department Coordinator, 48 hours in rmal business hours. advance of the meeting at (407)327 -1800, #236: - 1, 2010 Donna G. Gardner, City Clerk This is a public hearing. Interested parties are 1 that if they decide to appeal any decision advised that they may appear at the meeting and ings/hearings, they will need a record of the be heard with respect to the proposed ordinance. r such purpose, they may need to ensure If you decide to appeal any recommendation rd of the proceedings is made, which record ny and evidence upon which the appeal is to or decision made by the City Commission with 1 286.0105, Florida Statutes." respect to any matter considered at this meeting, Iilities needing a to participate in you will need a record of the proceedings, and lings should contact the Personnel Director, for such purposes, you may need to ensure that 48 hours in advance of the meeting at 1119." a verbatim record of the proceedings is made upon which the appeal is based. - - l ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 3,2010 PAGE 4 OF 10 Chairman Lacey opened the "Public Input" portion of the Agenda Item. No one spoke. rP Chairman Lacey closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO MOVE THE APPROVAL OF ITEM `501' AS PRESENTED Qll BY STAFF." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER REVICZKY: AYE MOTION CARRIED. PUBLIC HEARINGS n .........* 502. Community Development Department — Planning Division A Public Requests The Planning & Zoning Board/Local Planning Agency Hearing For Ordinance 2010-03, Amending The List Of Permitted, Conditional And Prohibited Uses In The I -1 Industrial Zoning District And Amending Certain Related Definitions In The Zoning Code. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department presented this Agenda Item and stated, "What this involves is a Text Amendment to the `I -1 (Industrial) Zoning District' that allows under the Permitted Uses, what is called Secondary Metal Recycling." Next, Mr. Stevenson noted that the property owner suggested adding language into the proposed Ordinance which would include the `Recycling of Non - Hazardous Materials'. Chairman Lacey asked, "These are changes in paragraph (10) that you are proposing ?" Mr. Stevenson responded, 'We are adding to paragraph (10) and then — you will see in CHAPTER 20. ZONING ARTICLE I. DEFINITIONS, we have reworked the definition of `junkyard'." Continuing, Mr. Stevenson reiterated, "We would add as part of item (10), it would be Secondary Metal Recycling and `Recycling of Non- Hazardous Materials. That is where that language would go." Chairman Lacey noted, "The first line of paragraph (10) ?" Mr. Stevenson replied, "Would be modified. That is correct." CITY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - FEBRUARY 3, 2010 PAGE SOF10 Discussion. Chairman Lacey opened the "Public Input" portion of the Agenda Item. riwa No one spoke. Chairman Lacey closed the "Public Input" portion of the Agenda Item. "I WOULD LIKE TO RECOMMEND APPROVAL OF ITEM `502' WITH THE CONDITION THAT THE `NON - HAZARDOUS MATERIALS' BE INCLUDED UNDER ITEM (10) AS PRESENTED BY STAFF." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: BOARD MEMBER HEATWOLE: AYE BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Office Of The City Attorney en Hold A Public Requests The Planning & Zoning Board/Local Planning Agency Hearing For Ordinance 2010 -04, Amending The City's Tree Code To Address Energy Devices Based On Renewable Resources. Mr. Stevenson presented this Agenda Item and stated, "What we did not have the authorization to do and currently still do not and pursuant to the language in the (City) Code, is to waive the tree replacement credits or at the owner's option, a donation to the tree bank." Chairman Lacey asked, "Has the City Attorney opined as to whether he believes that our current Ordinance that requires tree bank contribution or replacement does constitute impediment under the Florida Statute ?" Mr. Stevenson replied, "Not specifically. He has followed through with a request to change the language." Mr. Stevenson referenced `CHAPTER 5. TREE PROTECTION AND PRESERVATION (b) Criteria.' and stated, "A Permit was issued under our current laws with the Criteria or the Condition that the tree replacements be made or pay into the tree bank. But, what we added in there, is that trees that prohibit or have the effect of prohibiting the installation or operation of a solar collector, clothesline, or other energy device based on a renewable resource. L ATTACHMENT C ORDINANCE NO. 2010-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE LIST OF PERMITTED, CONDITIONAL AND PROHIBITED USES IN THE I -1 INDUSTRIAL ZONING DISTRICT; AMENDING CERTAIN RELATED DEFINITIONS IN THE ZONING CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission finds that there are environmental and economic benefits related to recycling various types of metals; and WHEREAS, the City has adopted a recycling program for common household items which are recycled through the weekly solid waste services provided by the City; and WHEREAS, the City Commission also finds that there is a limited need to provide additional local metal recycling options within the City and Seminole County; and WHEREAS, to accommodate this limited local recycling need, the City Commission desires to amend the list of permitted, conditional, and prohibited uses within the Industrial zoning district; and WHEREAS, on February 3, 2010, the Planning & Zoning Board (Land Planning Agency) conducted a public hearing on this ordinance and recommended approval to the City Commission with the inclusion of recycling of non - hazardous materials; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. 2010 -03 Page 1 of 5 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs City Code, Section 20 -259 is hereby amended as follows (underlined type indicates additions and atiilivvut type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 20- 259. It is intended that the text in Section 20 -259 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 20. ZONING ARTICLE I. DEFINITIONS * ** Junkyards. An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automotive graveyard, and the term shall include garbage dumps and sanitary landfills. For purposes of this definition, an automotive graveyard shall mean an establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. The term junkyard shall not include a recycling facility which satisfies the requirements of section 20- 259(10) of the City Code. , •1 • • • • .1 11 , 1 •, • 1, • •, V. •, •• •, • • . 1, • • • • • • .. • ' • 1 • .1 • • • • • , ••• , 111 * ** ARTICLE III. ESTABLISHMENT OF DISTRICTS * ** DIVISION 8.5. I -1 LIGHT INDUSTRIAL DISTRICT * ** Sec. 20 -259. Uses permitted. City of Winter Springs Ordinance No. 2010 -03 Page 2 of 5 Within the I -1 Light Industrial Zoning District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Any permitted use listed in Section 20 -345.1 of the "Commerce Center" District; (2) Any permitted use listed in Section 20 -346.1 of the "C -3 Highway 17 -92 Commercial District" for properties with frontage along U.S. 17 -92; (3) Adult entertainment and sexually oriented businesses; (4) Boat building and storage yards; (5) Cabinet makers, furniture assembly and woodworking shops; (6) Laundry and dry cleaning; (7) Machinery sales and storage; (8) Outside storage of contractor's equipment and supplies; public storage of tagged vehicles, boats, RVs and commercial vehicles; fleet and dispatch yards; bulk storage; and other kinds of storage yards of non - flammable /non - hazardous materials associated with manufacturing (See section 20 -263 below.); (9) Showrooms. (10) Secondary metal recyclers, recovered materials recyclers, and similar recyclers of other non- hazardous recyclable materials; provided, however, the site containing the recycling facility satisfies each of the following conditions: 01 The site must have and maintain in good standing a valid certificate of registration or license from the State of Florida, and must comply with any applicable local, state, and federal regulations. f The site must accept local individual customers who desire to recycle recyclable materials during normal business hours and in accordance with law. fsj The site must be comprised of not less than ten (10) acres and not more than twe_yt (20) acres. Lai The site must have railroad frontage for the transport of recyclable materials. fe1 The site shall not be located within one thousand (1000) feet of another recycling facility. CD The site shall not front any arterial or collector roadway. j The site shall not directly abut a residential zoning district or any property used for City of Winter Springs Ordinance No. 2010 -03 Page 3 of 5 residential purposes. This subsection (10) shall not be construed to authorize an automobile graveyard, junkyard, solid waste management or disposal facility, landfill, waste tire processing facility or collection center, hazardous or special waste facility, or any similar type use. * ** Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2010. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO - LUACES City Clerk City of Winter Springs Ordinance No. 2010 -03 Page 4 of 5 APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: February 22, 2010 Second Reading: Effective Date: City of Winter Springs Ordinance No. 2010 -03 Page 5 of 5 ORDINANCE NO. 2010-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THE LIST OF PERMITTED, CONDITIONAL AND PROHIBITED USES IN THE I -1 INDUSTRIAL ZONING DISTRICT; AMENDING CERTAIN RELATED DEFINITIONS IN THE ZONING CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission finds that there are environmental and economic benefits related to recycling various types of metals; and WHEREAS, the City has adopted a recycling program for common household items which are recycled through the weekly solid waste services provided by the City; and WHEREAS, the City Commission also finds that there is a limited need to provide additional local metal recycling options within the City and Seminole County; and WHEREAS, to accommodate this limited local recycling need, the City Commission desires to amend the list of permitted, conditional, and prohibited uses within the Industrial zoning district; and WHEREAS, on February 3, 2010, the Planning & Zoning Board (Land Planning Agency) conducted a public hearing on this ordinance and recommended approval to the City Commission with the inclusion of recycling of non - hazardous materials; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: City of Winter Springs Ordinance No. 2010 -03 Page 1 of 5 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs City Code, Section 20 -259 is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 20- 259. It is intended that the text in Section 20 -259 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): CHAPTER 20. ZONING ARTICLE I. DEFINITIONS * ** Junkyards. An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or sellingjunk, or for the maintenance or operation of an automotive graveyard, and the term shall include garbage dumps and sanitary landfills. For purposes of this definition, an automotive graveyard shall mean an establishment or place of business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. The term junkyard shall not include a recycling facility which satisfies the requirements of section 20- 259(10) of the City Code. :. . • .. . , . i . • -: i • . • - • - • , -. . • -., - • . -: .• -: :• • - • - .: - - . •. • :.' - •. - - _ • . I. * ** ARTICLE III. ESTABLISHMENT OF DISTRICTS * ** DIVISION 8.5. I -1 LIGHT INDUSTRIAL DISTRICT * ** Sec. 20 -259. Uses permitted. City of Winter Springs Ordinance No. 2010 -03 Page 2 of 5 Within the 1 -1 Light Industrial Zoning District, no building, structure, land or water shall be used except for one (1) or more of the following uses: (1) Any permitted use listed in Section 20 -345.1 of the "Commerce Center" District; (2) Any permitted use listed in Section 20 -346.1 of the "C -3 Highway 17 -92 Commercial District" for properties with frontage along U.S. 17 -92; (3) Adult entertainment and sexually oriented businesses; (4) Boat building and storage yards; (5) Cabinet makers, furniture assembly and woodworking shops; (6) Laundry and dry cleaning; (7) Machinery sales and storage; (8) Outside storage of contractor's equipment and supplies; public storage of tagged vehicles, boats, RVs and commercial vehicles; fleet and dispatch yards; bulk storage; and other kinds of storage yards of non - flammable /non - hazardous materials associated with manufacturing (See section 20 -263 below.); (9) Showrooms. (10) Secondary metal recyclers, recovered materials recyclers, and similar recyclers of other non- hazardous recyclable materials; provided, however, the site containing the recycling facility satisfies each of the following conditions: tal The site must have and maintain in good standing a valid certificate of registration or license from the State of Florida, and must comply with any applicable local, state, and federal regulations. (b) The site must accept local individual customers who desire to recycle recyclable materials during normal business hours and in accordance with law. The site must be comprised of not less than ten (10) acres and not more than twenty (20) acres. ) The site must have railroad frontage for the transport of recyclable materials. The site shall not be located within one thousand (1000) feet of another recycling facility. 1.0 The site shall not front any arterial or collector roadway. (g) The site shall not directly abut a residential zoning district or any property used for City of Winter Springs Ordinance No. 2010 -03 Page 3 of 5 residential purposes. This subsection (10) shall not be construed to authorize an automobile graveyard, junkyard, solid waste management or disposal facility, landfill, waste tire processing facility or collection center, hazardous or special waste facility, or any similar type use. * ** Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 12 day of April, 2010. , ' //pc -/- (ite . ,,,,,4 Jr, N F. BUSH, Mayor ATTEST: , I1 ANO NZO- LUACES City Clerk City of Winter Springs Ordinance No. 2010 -03 Page 4 of 5 APPROVED AS TO LEGAL FORM AND SUFFICIENCY FO CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: February 22, 2010 Second Reading: April 12, 2010 Effective Date: April 12, 2010 City of Winter Springs Ordinance No. 2010 -03 Page 5 of 5