25-2268 Amending City Code, to Allow a Standalone Pharmacy at 876 South US Hwy 17-92 ORDINANCE NO. 25-2268
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, ADOPTING A NON-CODIFIED
AMENDMENT TO SECTION 5.4.26.A., LONGWOOD DEVELOPMENT CODE, TO ALLOW A
PHARMACY AT 876 SOUTH U.S. HIGHWAY 17-92, LONGWOOD, FLORIDA,WHICH IS A PORTION
OF THAT CERTAIN PROPERTY HAVING SEMINOLE COUNTY TAX PARCEL IDENTIFICATION
NUMBER 04-21-30-504-0000-007A; PROVIDING FOR CONFLICTS, NON-CODIFICATION,
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, on May 6, 2002, the City Commission of the City of Longwood enacted the
Longwood Development Code (Ordinance 02-1599), as was amended from time to time,
pursuant to the requirements of Chapter 163.3202, and Chapter 166.041, Florida Statutes; and
WHEREAS, Chapter 163.3174 (4) (c), Florida Statutes, requires the Land Planning Agency
to review proposed land development regulations, or amendments thereto, for consistency with
the adopted Plan, as may be amended; and
WHEREAS, the Land Planning Agency (LPA) held a public hearing on May 14, 2025 to
consider the amendment of the Longwood Development Code; made certain findings of fact
regarding said amendments, determined the proposed changes are consistent and
recommended the proposed ordinance be enacted by the City Commission; and
WHEREAS,the City Commission adopted Ordinance No. 23-2236 related to the siting and
proliferation of smoke shops, marijuana dispensaries, smoking lounges, and CBD establishments
when located adjacent or in close proximity to other such uses; and
WHEREAS, the owners of Sunshine Pharmacy of Casselberry approached the City
Commission about relocating their pharmacy into the city at 876 South Highway 17-92, which is
prohibited by the changes made in Ordinance 23-2236 due to the pharmacy being closer than
one mile to an adjacent property with a medical marijuana dispensary; and
WHEREAS, the State of Florida requires municipalities to be no more restrictive
on marijuana dispensaries than on pharmacies; and
WHEREAS, there are presently four licensed medical marijuana dispensaries within the
city limits and only three licensed standalone pharmacies; and
WHEREAS, the City Commission believes that an exception allowing a pharmacy at 876
South U.S. Highway 17-92 is proper and provides for equal treatment between pharmacies and
medical marijuana dispensaries; and
WHEREAS, the City Commission determines that this Ordinance is consistent with the
Comprehensive Plan and in the best interest of the public health, safety and welfare.
Ordinance No.25-2268
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NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1. Longwood Development Code Section 5.4.26 (A) shall be Amended only as follows
to add a new Subsection 1 entitled "Application of Distance Requirements." (Words that are
stricken out are deletions; words that are underlined are additions; Articles, Sections,
Subsections and Provisions not referenced in this ordinance are not modified):
"1. APPLICATION OF DISTANCE REQUIREMENTS. One standalone pharmacy may be
located on property with the Seminole County Tax Parcel ID 04-21-30-504-0000-007A
regardless of its proximity to another medical marijuana dispensary and shall be
considered a legally non-conforming use. Should the permitted pharmacy wish to
expand beyond its initial size, it may do so as otherwise permissible without regard to
9.1.1(1) Enlargement, increase, intensification, alteration. Should that permitted
pharmacy relocate from this parcel, its legally non-conforming status shall transfer
with the business to the new location within the city boundaries regardless of
proximity to a medical marijuana dispensary provided that the business provides
written notice of its intent to relocate prior to the closure of the business on the
subject parcel. If the permitted pharmacy relocates from the parcel and does not
provide written notice of its intent to relocate within the city prior to the closure of
the business, the legally non-conforming status on the subject parcel shall cease
immediately upon evidence of discontinuance as described in LDC 9.1.1 (3)
Discontinuance."
SECTION 2. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance
shall control to the extent of the conflict.
SECTION 3: CODIFICATION. Section 1 of this Ordinance shall not be codified.
SECTION 4: SEVERABILITY. The provisions of this Ordinance are declared to be separable and if
any section, paragraph, sentence or word of this Ordinance or the application thereto any person
or circumstance is held invalid, that invalidity shall not affect other sections or words or
applications of this Ordinance. If any part of this Ordinance is found to be preempted or
otherwise superseded, the remainder shall nevertheless be given full force and effect to the
extent permitted by the severance of such preempted or superseded part.
LAND PLANNING AGENCY HEARING: May 14, 2025
FIRST READING: May 19, 2025
SECOND READING AND ADOPTION: June 2, 2025
Ordinance No.25-2268
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PASSED AND ADOPTED THIS 2nd DAY OF June, 2025
Q �
BRIAN lS% S K , AYOR
ATT T:
CHELLE L G , MMC, FCRM, CITY CLERK
Approved m and legality for the use and reliance of the City of Longwood, Florida, only.
DANIEL W. LAN LEY IT RNEY
Ordinance No.25-2268
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