BCC Agenda 02/13/2024 Item #17A (Ordinance - Amending Ord 2021-11 confirmed by Ord 2021-44 that established the Hyde Park Community Development District 1)02/13/2024
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 2021-11, as ratified and confirmed by
Ordinance No. 2021-44, which established the Hyde Park Community Development District 1, in order to
expand and contract the external boundaries of the District resulting in a net expansion of 63.02± acres from
368.9± acres to 431.96± acres.
_____________________________________________________________________________________
OBJECTIVE: For the Board of County Commissioners (“Board”) to approve the petition submitted to the County
by adopting an ordinance amending the Hyde Park Community Development District 1 (“District”) Ordinance No.
2021-11, as ratified and confirmed by Ordinance No. 2021-44, by consenting to the expansion and contraction of
external boundaries by approximately 63.02± acres from 368.9± acres to 431.96± acres.
CONSIDERATIONS: On July 18, 2023, the Board of Supervisors of the District, represented by Gregory L.
Urbancic, Esq. of Coleman, Yovanovich & Koester, P.A. (“Petitioner”) filed a petition with the Growth
Management Community Development Department to modify the boundaries of the District by contracting and
expanding the external boundaries. A mandatory $1,500 application fee was submitted with the amendment
petition.
The District is located entirely within Collier County, Florida, and is generally north of Oil Well Road and east of
Everglades Boulevard. The Hyde Park Village Stewardship Receiving Area (SRA) encompasses the entire land
area of the District. The proposed contraction area is located along the southeastern boundary of the District and
totals ±4.85 acres. The proposed expansion areas are contiguous to the existing external boundaries of the District
and total ±67.87.
Exhibit “F” in the Petition provides the metes and bounds legal description of the Existing External Boundaries,
and Exhibit “G” the modified metes and bounds legal description. Maps of the expansion and contraction of land
are provided in Exhibits “C-1” through “D-2” to the Petition. The amendment results in a net expansion of 63.02±
acres from 368.9± acres to 431.96± acres.
Pursuant to Chapter 190, Florida Statutes, the Board shall consider the following:
1. The statements made within the Petition are true and correct.
2. Amending the Ordinance is not inconsistent with any applicable element or portion of Collier County's
comprehensive plan.
3. The land within the District continues to be of sufficient size, to be sufficiently compact, and to be
sufficiently contiguous to be developable as a functionality interrelated community.
4. The amendment to the boundaries of the District will not comprise greater than 50 percent of the land in the
initial district and, in no event, greater than 1,000 acres on a cumulative net basis.
5. The District continues to be the best alternative available for delivering community development services
and facilities to the area serviced by the District.
6. The service and facilities of the District will continue to not be incompatible with the capacity and uses of
any existing local and regional community development services and facilities.
7. The area remaining to be served by the District remains amenable to separate special district governance.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. - DDP
FISCAL IMPACT: A $1,500 filing fee was submitted with this petition, deposited in Planning Services Fund
(1014), Planning Cost Center (138326).
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
RECOMMENDATION: To adopt the proposed Ordinance amending Ordinance No. 2021-11, as ratified and
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02/13/2024
confirmed by Ordinance No. 2021-44, modifying the external boundaries of the Hyde Park Community
Development District 1.
Prepared by: Rachel Hansen, AICP, Planner III, Community Planning and Resiliency Division.
ATTACHMENT(S)
1. Proposed Ordinance 1-17-2024 (PDF)
2. [Linked] Attachment A - Petition for Amendment (PDF)
3. Affidavit of Publication - HP CDD Boundary Amendment (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 27674
Item Summary: Recommendation to adopt an Ordinance amending Ordinance No. 2021-11, as ratified and
confirmed by Ordinance No. 2021-44, which established the Hyde Park Community Development District 1, in
order to expand and contract the external boundaries of the District resulting in a net expansion of 63.02± acres
from 368.9± acres to 431.96± acres.
Meeting Date: 02/13/2024
Prepared by:
Title: – Zoning
Name: Rachel Hansen
01/11/2024 8:44 AM
Submitted by:
Title: Zoning Director – Zoning
Name: Mike Bosi
01/11/2024 8:44 AM
Approved By:
Review:
Zoning Mike Bosi Division Director Completed 01/16/2024 4:45 PM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
01/18/2024 12:35 PM
Growth Management Community Development Department James C French Growth Management Completed
01/26/2024 3:52 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/02/2024 2:46 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/02/2024 2:49 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/05/2024 9:04 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/06/2024 9:32 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/06/2024 3:41 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 02/13/2024 9:00 AM
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[23-CMP-01178/1834471/1] Page 1 of 3
ORDINANCE NO. 2024 -____
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2021-11, AS RATIFIED AND
CONFIRMED BY ORDINANCE NO. 2021-44, THE HYDE
PARK COMMUNITY DEVELOPMENT DISTRICT 1, BY
MODIFYING THE EXTERNAL BOUNDARIES OF THE
DISTRICT THROUGH EXPANSION OF 67.87± ACRES AND
CONTRACTION OF 4.85± ACRES RESULTING IN A NET
EXPANSION OF 63.02± ACRES FROM 368.9± ACRES TO
431.96± ACRES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE. [PL20230012229]
WHEREAS, on March 9, 2021, the Board of County Commissioners of Collier County,
Florida, a political subdivision of the State of Florida (“Board”), adopted Ordinance No. 2021-11
establishing the Hyde Park Community Development District 1 (“District”), as a community
development district within the meaning of Chapter 190, Florida Statutes; and
WHEREAS, on November 9, 2021, the Board adopted Ordinance No. 2021-44, ratifying
and confirming the District’s establishing ordinance to acknowledge and correcting a scrivener’s
error in the landowner’s consent set forth in the petition for establishment; and
WHEREAS, the original boundaries set forth in Ordinance Nos. 2021-11 and 2021-44
established boundaries of the District resulting in 368.9± acres; and
WHEREAS, the Board of Supervisors of the District, represented by Gregory L. Urbancic,
Esq., of Coleman, Yovanovich & Koester, P.A. (“Petitioner”), petitioned the Board to modify the
external boundaries of the District through expansion of 67.87± acres and contraction of 4.85±
acres resulting in a net expansion of 63.02± acres from 368.9± acres to 431.96± acres
(PL20230012229, hereinafter “CDD Amendment Petition”), as depicted in Exhibit “A”, attached
hereto and incorporated herein by reference; and
WHEREAS, the Board considered the CDD Amendment Petition at a duly notice public
hearing advertised in accordance with Florida Statutes section 190.046; and
WHEREAS, upon consideration of the CDD Amendment Petition, the Board determined
the following:
1. The statements contained within the CDD Amendment Petition have been found to be
true and correct. CAO17.A.a
Packet Pg. 2071 Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
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2. Amending the District is not inconsistent with any applicable element or portion of the
state comprehensive plan or of the effective local government comprehensive plan.
3. The area of land within the District continues to be of sufficient size, to be sufficiently
compact, and to be sufficiently contiguous to be developable as a functional interrelated
community.
4. The District continues to be the best alternative available for delivering community
development services and facilities to the area served by the District.
5. The services and facilities of the District will continue to not be incompatible with the
capacity and uses of existing local and regional community development services and
facilities.
6. The areas to be serviced by the District are amenable to separate special-district
governance.
7. The CDD Amendment Petition will not expand the District greater than 50 percent of
the land in the initial District, and in no event greater than 1,000 acres on a cumulative net
basis; and
WHEREAS, the Board finds that the Petitioner has otherwise satisfied all requirements set
forth in Florida Statutes section 190.046, and recommends approval of the expansion and
contraction based on the contents of the CDD Amendment Petition.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT OF ORDINANCE NO. 2021-11, AS RATIFIED AND
CONFIRMED BY ORDINANCE NO. 2021-44, THE HYDE PARK COMMUNITY
DEVELOPMENT DISTRICT 1.
The original legal description of the District described in Exhibit “B”, attached hereto and
incorporated herein by reference, is hereby superseded and replaced by the legal description of the
District described in Exhibit “C”, attached hereto and incorporated herein by reference, to reflect
the expansion and contraction of the District.
SECTION TWO: EXTERNAL BOUNDARIES OF THE DISTRICT.
The external boundaries of the District encompasses 431.96± acres of land as described in
Exhibit “C”.
CAO17.A.a
Packet Pg. 2072 Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
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SECTION THREE: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be re-numbered or re-
lettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or
any other appropriate word.
SECTION FIVE: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _____ day of _______________ 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: ______________________________ By: ____________________________
, Deputy Clerk Chris Hall, Chairman
Approved as to form and legality:
__________________________________
Derek D. Perry
Assistant County Attorney
Attachments:
Exhibit “A” – Map of Expansion Land and Contraction Land
Exhibit “B” – Original Legal Description
Exhibit “C” – Amended Legal Description CAO1/17/202417.A.a
Packet Pg. 2073 Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
Exhibit “E”
Map of Expansion Land
and Contraction Land
Exhibit "A"CAO17.A.a
Packet Pg. 2074 Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
950 Encore Way
Naples, FL. 34110
Phone: (239) 254-2000
Florida Certificate of
Authorization No.1772
HYDE PARK CDD
MAP OF EXPANSION LAND
AND CONTRACTION LAND
CAO17.A.a
Packet Pg. 2075 Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
Exhibit “F”
Metes and Bounds Legal Description
of the Existing External Boundaries
Exhibit "B"CAO17.A.a
Packet Pg. 2076 Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
CAO17.A.a
Packet Pg. 2077 Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
CAO17.A.a
Packet Pg. 2078 Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
CAO17.A.a
Packet Pg. 2079 Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
Exhibit “G”
Modified Metes and Bounds Legal
Description
Exhibit "C"
Amended
CAO17.A.a
Packet Pg. 2080 Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
CAO17.A.aPacket Pg. 2081Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
CAO17.A.aPacket Pg. 2082Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
CAO17.A.aPacket Pg. 2083Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
CAO17.A.aPacket Pg. 2084Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
CAO17.A.aPacket Pg. 2085Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
CAO17.A.aPacket Pg. 2086Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
CAO17.A.aPacket Pg. 2087Attachment: Proposed Ordinance 1-17-2024 (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
17.A.cPacket Pg. 2088Attachment: Affidavit of Publication - HP CDD Boundary Amendment (27674 : PL20230012229 Hyde Park CDD 1 Amendment)
17.A.cPacket Pg. 2089Attachment: Affidavit of Publication - HP CDD Boundary Amendment (27674 : PL20230012229 Hyde Park CDD 1 Amendment)