This division is designed to implement the terms of the amended settlement stipulation and mutual release, dated July 31, 1990, in Case No. 77-1864-CA-JRT, Circuit Court, 20th Judicial Circuit, Florida, and to otherwise establish standards for development of the parcel referred to in such amended settlement stipulation and mutual release.

(Ord. No. 85-26, § 1(VI.A.1), 11-27-1985; Ord. No. 90-13, § 1, 7-31-1990)

The property which is subject to this planned unit development is that property more particularly described in attachment 3 of the amended settlement stipulation and mutual release, and also described in a master development plan, dated July 12, 1990, the original of which has been signed by the representatives of the parties on July 31, 1990, and is being kept on file in the custody of the city manager, and a copy of which is attached to the amended settlement stipulation and mutual release.

(Ord. No. 85-26, § 1(VI.A.2), 11-27-1985; Ord. No. 90-13, § 1, 7-31-1990)

All provisions, standards and regulations contained elsewhere in this Land Development Code shall govern the development of the subject property, except as otherwise specifically provided in this article or where such other provisions, standards and regulations would be clearly inapplicable.

(Ord. No. 85-26, § 1(VI.A.3), 11-27-1985; Ord. No. 90-13, § 1, 7-31-1990)

(a)

The master development plan, incorporated into the amended settlement stipulation and mutual release for the subject parcel, and on file with the city manager, is hereby incorporated into this article and shall generally control the location of lots, permitted uses and other development on the subject property. However, the final plat, prepared in strict compliance with all requirements of F.S. ch. 177, shall control the location of lots, permitted uses, and other development on platted lots and tracts within the subject property, in conjunction with the standards and requirements of this section and the Land Development Code.

(b)

Furthermore, the final plat for the Sanctuary at Wulfert Point may be replatted to create zero-lot line, single-family villa lots, on and as replacements for platted multifamily lots, consistent with standards for this planned unit development. The city manager may approve preliminary plats and construction plans for required improvements to resubdivide vacant multifamily lots as zero-lot line, single-family villa lots, consistent with the requirements of the Land Development Code. The city council has the sole authority to approve and accept the amended final plat for the resubdivision of vacant multifamily lots as zero-lot line, single-family villa lots.

(c)

Furthermore, the clubhouse and related facilities can be located on platted Lot V1, Phase 2A of the Sanctuary at Wulfert Point.

(Ord. No. 85-26, § 1(VI.A.4), 11-27-1985; Ord. No. 90-13, § 1, 7-31-1990; Ord. No. 92-20, § 1, 10-20-1992; Ord. No. 93-27, § 1, 11-2-1993; Ord. No. 94-09, § 1, 11-1-1994; Ord. No. 04-11, § 2, 7-20-2004)

The residential density shall be a maximum of 235 dwelling units. There shall not be more than 26 duplex units, not more than 78 multifamily units, and the remaining balance shall be detached zero-lot line, single-family villas and single-family units.

(Ord. No. 85-26, § 1(VI.A.5), 11-27-1985; Ord. No. 90-13, § 1, 7-31-1990; Ord. No. 93-27, § 1, 11-2-1993; Ord. No. 94-09, § 2, 11-1-1994; Ord. No. 98-03, § 1, 3-17-1998; Ord. No. 04-11, § 3, 7-20-2004)

(a)

Primary intended uses. Primary intended uses for the property described in this division shall be as follows:

(1)

For the lowland wetlands, upland wetlands and mid-island ridge ecological zones:

a.

Single-family dwellings, including zero-lot line villas.

b.

Duplexes, including zero-lot line duplex dwelling units.

c.

Multifamily dwelling units, in structures containing not more than six dwelling units each.

d.

Occupancy of a dwelling unit by one family.

e.

Preservation use.

(2)

For the mangrove forest ecological zone: Preservation use.

(b)

Other permitted uses. Other permitted uses for the property described in this division shall be as follows:

(1)

For all ecological zones:

a.

Passive recreation and conservation uses which include uses that have a minimum impact on the land and have little or no ecological impact and result in conservation of the area, such as, but not limited to, fishing, shelling, hiking, birding, picnicking and sunbathing.

b.

Wastewater treatment facilities.

c.

Public utilities and facilities.

d.

Golf courses, including cart paths and golf practice range.

(2)

For the lowland wetlands, upland wetlands and mid-island ridge ecological zones:

a.

Golf course and related facilities, including practice range, short game practice area and putting greens and maintenance facility.

b.

Clubhouse, including golf/tennis pro shop, golf cart storage, golf bag storage, kitchen, main dining room, informal grill and bar, lounge, health, beauty, spa and exercise areas, ladies' and men's locker and social rooms, facilities for members and guests, ladies' and mens' bathrooms, banquet room, staff facilities and administrative offices and a temporary real estate sales office not to exceed seven years from the date of occupancy of the clubhouse exclusively for the sale, but not rental, of real estate located on the subject property.

c.

Up to six tennis courts at clubhouse facility.

d.

One swimming pool at clubhouse facility.

e.

An entry security gate/fence at clubhouse facility.

(c)

Conditional uses. Conditional uses for the property described in this division for all ecological zones shall be the same conditional uses which are provided for in sections 78-1 through 78-11; chapter 86; chapter 94; chapter 98; chapter 106; chapter 110; chapter 118; chapter 122; and articles II through XV of this chapter.

(d)

Accessory uses including elevated accessways. For all ecological zones, accessory uses customarily incident to the uses listed in this section, including elevated accessways, are permitted in accordance with the requirements of section 78-11; chapter 82, article III, division 3, subdivision IV; chapter 86, article II; chapter 86, article IV, division 2; chapter 94; chapter 106; chapter 110; chapter 118; chapter 122, article III; sections 126-244 through 126-249; sections 126-651 and 126-652; article XIV, divisions 1 through 4, 6 and 8, of this chapter; article XIV, division 9, subdivisions I and II, of this chapter; section 126-1156; article XIV, divisions 10 through 13 of this chapter; articles XV and XVII of this chapter.

(Ord. No. 85-26, § 1(VI.A.6), 11-27-1985; Ord. No. 90-13, § 1, 7-31-1990; Ord. No. 93-06, § 1, 3-2-1993; Ord. No. 93-27, § 1, 11-2-1993; Ord. No. 94-09, § 3, 11-1-1994; Ord. No. 03-014, § 7, 9-16-2003; Ord. No. 04-11, § 4, 7-20-2004)

(a)

Minimum lot area. The minimum lot area for the property described in this division shall be as follows:

(1)

For residential development, the minimum lot area for residential development shall be as follows:

a.

Single-family lots: 12,000 square feet.

b.

Zero-lot line single-family villa lots: 10,000 square feet.

c.

Duplex lots: 12,000 square feet.

d.

Six-unit multifamily lots: 18,000 square feet.

(b)

Height. For all multifamily development, duplex development and the clubhouse, the height of the principal structure shall not exceed 45 feet above mean sea level. For single-family development, including zero-lot line villas, the height of the principal structure shall not exceed 35 feet above redevelopment grade. However, chimneys may extend above this height limitation, but not more than three feet above the height of the structure and only to the minimum height necessary for compliance with the building code. In no event shall a chimney exceed a height of 45 feet above mean sea level.

(c)

Front yard setback. For all development on the property described in this division there shall be a front yard setback for the principal structure of not less than 50 feet from the centerline of any street.

(d)

Side yard setbacks. Except as otherwise provided in this division, there shall be two side yard setbacks for the property described in this division, neither of which shall be less than ten feet from any property line. However, multifamily side yard setbacks shall not apply to a common recreational amenity (including, but not limited to, a swimming pool and appurtenances related to the pool) which may cross lot lines when the common amenity is to be owned and controlled as such by one common condominium association or similar entity which also controls and/or maintains the other common elements or common areas located on any lots which are located within ten feet of the common recreational amenity. Additionally, side yard setbacks shall not apply to side property lines for zero-lot line, single-family villa lots; however, a minimum ten-foot side yard setback is required for zero-lot line villa lots from side property lines that are common with other non-zero-lot line residential uses.

(e)

Rear yard setback. For all development on the property described in this division, the rear yard setback for the principal structure shall be not less than 30 feet from any rear property line, except for screen enclosures which shall not be less than 20 feet from any rear property lines.

(f)

Setbacks from open bodies of water. Setbacks from open bodies of water for the property described in this division shall be as follows:

(1)

Existing open bodies of water. Development or site alteration shall be set back a minimum of 50 feet from the average high water line of any existing open body of water except that, where generally depicted otherwise on the master development plan or approved plat, development or site alteration may occur less than 50 feet but no closer than 20 feet from the average high water line of an existing open body of water.

(2)

Excavated open bodies of water. No structures, except for stormwater management improvements, shall occur within 20 feet of the average high water line of any excavated open body of water.

(g)

Coverage. Coverage requirements for the property described in this division shall be as follows:

(1)

For single-family and duplex residential development, the maximum land area to be covered with impermeable surfaces shall not exceed 45 percent of the lot area. For zero-lot line, single-family villa and multifamily residential development, the maximum land area to be covered with impermeable surfaces shall not exceed 45 percent of each multifamily phase included in a separate project or condominium association whose boundary will be the same as the phase, with all common areas and elements included with the project or under the condominium association for purposes of calculating coverage with impermeable surfaces.

(2)

For the clubhouse and related facilities, the maximum land area to be covered with impermeable surfaces shall not exceed 190,000 square feet.

(3)

For the golf course and related facilities, the maximum land area to be covered with impermeable surfaces shall not exceed 225,000 square feet.

(4)

For the golf course maintenance facility, the maximum land area to be covered with impermeable surfaces shall not exceed 59,000 square feet.

(h)

Vegetation removal and developed area. Vegetation removal and developed area requirements for the property described in this division shall be as follows:

(1)

For single-family and duplex residential development, the maximum land area to be cleared of vegetation or used as developed area shall not exceed 50 percent of the lot area. For zero-lot line, single-family villa and multifamily residential development, the maximum land area to be cleared of vegetation or used as developed area shall not exceed 50 percent of each multifamily phase included in a separate project or condominium association whose boundary will be the same as the phase, with all common areas and elements included with the project or under the condominium association for purposes of calculating vegetation removal and developed area.

(2)

For the clubhouse and related facilities, the maximum land area to be cleared of vegetation or used as developed area shall not exceed 195,000 square feet.

(3)

For the golf course and related facilities, including golf practice range, short-game practice area and putting greens, the maximum land area to be cleared of vegetation or used as developed area shall not exceed 90 acres.

(4)

For lakes, the maximum land area to be used for the excavation of lakes shall not exceed 12.3 acres as measured at control elevations.

(5)

For the golf course maintenance facility, the maximum land area to be cleared of vegetation or used as developed area shall not exceed 60,000 square feet.

(i)

Other required conditions. Other required conditions for the property described in this division shall be as follows:

(1)

The six-unit multifamily structures shall be permitted to contain three dwelling units vertically within the 45 feet above mean sea level height limitation.

(2)

The zero-lot line, single-family villa lots shall have eight-foot wide reciprocal easements, centered on side property lines, executed for the benefit of each lot for the purpose of construction and maintenance of structures on the lots.

(3)

The zero-lot line, single-family villa lots shall have an ingress/egress easement, which bisects a shared driveway/courtyard, executed for the benefit of such lots.

(4)

The zero-lot line, single-family villas shall not be located closer than ten feet to any other structure, as measured wall to wall; except that garages that are attached to a villa as part of the principal structure may share a party wall with another garage. However, if the garages do not share a party wall, the garage feature of the principal structure shall not be located closer than four feet to any other structure, as measured wall to wall.

(5)

The clubhouse and attached and detached clubsite structures.

a.

The clubhouse shall contain no more than:

1.

24,000 square feet of floor area in the main floor of the clubhouse; and

2.

28,000 square feet of floor area in the lower floor of the clubhouse, with at least 12,000 square feet of floor area available for cart storage.

b.

All floor area shall be generally situated within the footprint of the clubhouse, as approved by development permit number 92-9640.

c.

Attached and detached clubsite structures shall contain no more than:

1.

5,000 square feet of floor area in the tennis/fitness/beauty/spa/pool building; and

2.

1,000 square feet of floor area in the 10th tee snackery.

d.

The security gate/fence at the clubhouse facility may be placed abutting the terminus of the public road provided that an adequate turn around facility is available. The security gate/fence may not exceed six feet above grade except for support gate columns which may not exceed eight feet above grade.

(6)

When Lot V1, Phase 2a is developed for clubsite uses, a 20-foot deep vegetation buffer shall be installed along the property lines of that lot which abut residential uses. The buffer shall meet the requirements of section 122-73 for types, variety and numbers of plants required, of section 122-74 for installation standards and section 122-75 for maintenance standards.

(7)

Wulfert Road, as realigned and developed from the south boundary of the subject property to its intersection with Dinkins Lake Road, shall be constructed to collector road standards. Along that length, Wulfert Road shall have a 50-foot wide right-of-way, with 15-foot wide easements on both sides for roadway, public utilities and bike path use as shown in exhibit D of the amended settlement stipulation and mutual release, "80' Collector Roadway Typical Section". All other project roads, including Dinkins Lake Road, shall be constructed to local road standards at a minimum.

(8)

As part of the requirements for preliminary plat approval, the depths of lakes and ponds shall not exceed the following:

a.

Lake 1: 10 feet below mean sea level;

b.

Lake 2: 15 feet below mean sea level; and

c.

Lakes 3—7: 18 feet below mean sea level.

Excavation shall be monitored and shall not penetrate any naturally occurring aquiclude. The lakes shall be properly aerated.

(Ord. No. 85-26, § 1(VI.A.7), 11-27-1985; Ord. No. 90-13, § 1, 7-31-1990; Ord. No. 92-20, § 2, 10-20-1992; Ord. No. 93-06, § 2, 3-2-1993; Ord. No. 93-14, § 1, 7-20-1993; Ord. No. 93-27, § 1, 11-2-1993; Ord. No. 94-09, § 4, 11-1-1994; Ord. No. 03-014, § 7, 9-16-2003; Ord. No. 04-11, § 5, 7-20-2004)

The sewage treatment plant, including related structures, settling ponds, retention areas and pipelines shall be built in accordance with specifications established by the city. The minimum capacity shall be 125,000 gallons per day.

(Ord. No. 85-26, § 1(VI.A.8), 11-27-1985; Ord. No. 90-13, § 1, 7-31-1990; Ord. No. 93-27, § 1, 11-2-1993)

All development shall take place consistent with this division. Short-form development permits for multifamily structures and additions to the clubhouse may be issued by the city manager when the applications meet the conditions and requirements contained in this division and are in compliance with the final plat.

(Ord. No. 85-26, § 1(VI.A.9), 11-27-1985; Ord. No. 90-13, § 1, 7-31-1990; Ord. No. 92-20, § 3, 10-20-1992; Ord. No. 93-27, § 1, 11-2-1993; Ord. No. 94-09, § 5, 11-1-1994; Ord. No. 04-11, § 7, 7-20-2004)

The purpose and intent of this division is to provide a means to address special and unique circumstances surrounding the history of this lawful but nonconforming development, while also providing for protection of the public health, safety and welfare through the regulation of land use, yet providing some degree of flexibility in planning, designing and carrying out the intended purpose of the project. This is to be accomplished through the adoption and implementation of a master development plan for this planned unit development together with appropriate conditions for development.

(Ord. No. 85-26, § 1(VI.B.1), 11-27-1985; Ord. No. 93-27, § 1, 11-2-1993)

The planned unit development consists of three separate parcels totaling 13.55 acres located at the intersection of Tarpon Bay Road and Periwinkle Way and more particularly described in the legal description which is on file in the city manager's office.

(Ord. No. 85-26, § 1(VI.B.2), 11-27-1985; Ord. No. 93-27, § 1, 11-2-1993; Ord. No. 21-006, § 2, 8-24-2021)

The master development plan is on file with the city manager and is hereby incorporated into this division and shall generally control the location of structures and other development on the subject property. A reduced scale copy is on file in the city manager's office.

Upon any approved development permit that constitutes an amendment to the planned unit development master development plan, an as-built survey that is found to be in substantial compliance shall be filed as the final master development plan.

(Ord. No. 85-26, § 1(VI.B.3), 11-27-1985; Ord. No. 93-27, § 1, 11-2-1993; Ord. No. 21-006, § 2, 8-24-2021)

(a)

A maximum of 60,000 square feet of commercial floor area is permitted within the commercially zoned land on Parcel B. No less than 3,000 square feet of commercial floor area shall be devoted to only warehouse storage (expansion of office, service, and retail use in this area is prohibited).

(b)

The area of Parcel B located outside of the Town Center General Commercial District does not retain any residential density. Future land use of this area includes passive recreation (a permitted use) or increase-density below market rate housing (a conditional use).

(c)

A maximum of 11,412 square feet of commercial floor area plus parking, or 14 dwelling units, is permitted on Parcel A.

(Ord. No. 85-26, § 1(VI.B.4), 11-27-1985; Ord. No. 93-27, § 1, 11-2-1993; Ord. No. 21-006, § 2, 8-24-2021; Ord. No. 24-010, § 2, 7-16-2024)

Editor's note— Ord. No. 24-010 deleted former § 126-1474 entitled "Master vegetation plan," which derived from Ord. No. 21-006, § 2, adopted Aug. 24, 2021, and further amended the Code by renumbering existing §§ 126-1475—126-1477 as 126-1474—126-1476 as herein set out.

The following uses shall be permitted uses within the Bailey's Shopping Center PUD:

(a)

Primary intended uses. The primary intended commercial uses shall be the same as the permitted uses contained within article VIII, division 3 of this chapter regarding the TCG Town Center General Commercial District. See subsection 126-491(a) for a listing of primary intended uses.

(b)

Other permitted uses. Other permitted uses shall be as follows:

(1)

Single-family dwellings.

(2)

Duplex dwelling units.

(3)

Residential cluster developments and multifamily developments, subject to the provisions of section 86-71.

(4)

Occupancy of a dwelling unit by one family.

(5)

Public facilities.

(c)

Conditional uses. The same conditional uses which are provided for in section 126-512. See section 126-492 for a listing of conditional uses.

(d)

Accessory uses. Accessory uses customarily incidental to the uses listed in this section.

(Ord. No. 85-26, § 1(VI.B.5), 11-27-1985; Ord. No. 93-27, § 1, 11-2-1993; Ord. No. 21-006, § 2, 8-24-2021; Ord. No. 24-010, § 2, 7-16-2024)

(a)

Generally. Except where otherwise specifically provided for in this division, the requirements of the Land Development Code shall control.

(b)

When the planning commission approves a development permit, the development permit shall constitute an amendment to the planned unit development master development plan.

(c)

Procedure for changes to the master development plan.

(1)

Long form:

a.

New development, redevelopment, additions, or any remodel that alters the building footprint or floor area.

b.

Changes to the planned unit development regulations shall be processed as an amendment to this division.

(2)

Short form. Consistent with the public interest, the specified development activities below do not require planning commission authorization to amend the master development plan.

a.

Green building practices. A development permit to implement green building practices, renewable energy, or adaptive design may be authorized by the city manager, or designee, via administrative deviation, if found to comply with the master development plan and required conditions of this division.

b.

Interconnectivity and bike parking. A development permit to construct or relocate interconnectivity paths and bike parking may be authorized by the city manager, or designee, if found to comply with required conditions of this division.

c.

Permeable parking, driveways, and walkways. A development permit to replace impermeable coverage with permeable materials, as necessary to reduce or eliminate nonconforming impermeable coverage area, may be authorized by the city manager or designee.

d.

Driveway and service aisle connectivity. A development permit to make traffic circulation improvements, as necessary for safe and efficient vehicular access, may be authorized by the city manager, or designee, if found to comply with required conditions of this division.

e.

Reduction of vehicle parking spaces. A development permit to reduce the number of vehicle parking spaces may be authorized by the city manager, or designee, if found to comply with minimum parking requirements below in subsection (d)(1).

f.

Landscape islands in parking areas. A development permit to create or expand landscape islands in parking areas may be authorized by the city manager or designee.

g.

Bonus outdoor dining and associated improvements. A development permit to create, expand, or relocate bonus outdoor dining may be authorized by the city manager or designee, if found to reduce or maintain the existing degree of noncompliance to developed area and impermeable coverage within the subject parcel.

h.

Trash and recycling facilities. A development permit to create, expand, or relocate trash and recycling facilities may be authorized by the city manager or designee, if found to reduce or maintain the existing degree of noncompliance to developed area and impermeable coverage within the subject parcel.

i.

Building access for people with disabilities. A development permit to create, expand, or relocate accessibility improvements for people with disabilities may be authorized by the city manager, or designee, pursuant to section 126-940.

(d)

On-site parking. Conditions for on-site parking shall be as follows:

(1)

There shall be at least 249 parking spaces to serve as shared parking for up to 60,000 square feet of commercial floor area.

(2)

A development permit is needed in order to add or to eliminate parking.

(e)

Parcel A development standards. The development of Parcel A shall, in the following respects, meet more stringent development standards than currently called for in the Land Development Code:

(1)

There shall be no traffic access to or from Sanibel Boulevard in an effort to minimize the traffic impact upon the residential area to the west.

(2)

The landscaping adjacent to the residential area to the west shall meet requirements of 125 percent of the amount and size of vegetation called for by chapter 122, article II, division 2 in a further effort to improve compatibility with the residential area to the west.

(3)

The architectural character of any structure placed upon the west parcel shall be harmonious with the neighboring structures and the natural environment. No horizontal wall plane shall exceed 60 feet. No vertical wall plane shall exceed 20 feet. No roof plane shall exceed 70 feet horizontal. The texture of exterior surfaces and architectural elements shall as nearly as possible represent the repetitive small-scale elements as found in native vegetation.

(Ord. No. 85-26, § 1(VI.B.6), 11-27-1985; Ord. No. 93-27, § 1, 11-2-1993; Ord. No. 11-006, § 1, 8-2-2011; Ord. No. 21-006, § 2, 8-24-2021; Ord. No. 24-010, § 2, 7-16-2024)