Item G1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July16, 2014 Division: Growth ManagemenL_
Bulk Item: Yes x No Department: Planning &Environmental Resources
Department
Staff Contact Person/Phone#: Christine Hurley
3.0I-289-2517
AGENDA ITEM WORDING: Approval of Drive In Homebuilders, LLC as an approved non-
governmental entity to qualify purchasers and tenants for modified market rate housing pursuant to
Monroe County Code Section 130-161(f)(8)(c).
ITEM BACKGROUND: Gregory S. Oropeza, Esquire submitted a written request for Drive In
Homebuilders, LLC requesting approval by the Board of County Commissioners as a non-
governmental entity ("Provider") as contemplated in Monroe County Code Section 130-161(f)(8)(c)
eligible to qualify tenants and purchasers of modified market rate its at Islander Estates. These units
are deed restricted and require that 70% of income be earned in Monroe County, but have no income
or pricing restrictions. If qualified, the Provider may then enter into a written agreement with the
County's Planning Director to authorize the non-governmental entity to administer the eligibility and
compliance requirements of affordable housing units as prescribed in Monroe County Code Section
130-161. Drive In Homebuilders, proposes to qualify all purchasers or tenants according to the deed
restriction as recorded in the Monroe County Public Records on April 15, 2013 in Official Records
Book 2623, Page 643. The units are to be constructed on the parcel known as Islander Estates, located
at 5020 5h Ave, Stock Island, Florida, which is assigned real estate#00127400.0!00000. The restriction
was required based on a Major Conditional Use Permit Approval which authorized 89 deed restricted
affordable housing units and 22 modified market rate units for a total of 111 residential units in the
project commonly referred to as Islander Village. Islander Estates is the development of the 22
modified market rate units.
PREVIOUS RELEVANT BOCC ACTION:
April 16, 2014— BOCC approved refund of permit fees to Drive In Homebuilders, LLC a.k.a. Islander
Village Development for 15 single family units and impact fees for 9 units.
CONTRACT/AGREEMENT CHANGES: n1a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes x No AMOUNT PER MONTH Year
13
APPROVED BY: County Attu OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required—
DISPOSITION: AGENDA ITEM#
Revised 7/09
Barron W. Smith, E sq,, Smi'm OROPEZA, P.L. Patrick Flanigan, Esq.
ManagirAg Palmer I
,�11'1.1'.e,,Fory S. Oropeza, 1-. . 138-142 Simonton axect Richard .McChesney, Esq,
Key West, 11.orida 330410 Nick Batty, Esoy,
TelePhOrW (305) 296-7227
Fac,simile (3105) 296-8448
VIA ELECTRONIC MA1111. [H rod ey-(,'Iirist�inc@MonroeCounty-F]14,go.vI
,June 19, 2014
Ms. Christine Hurley, Growth Management Director
Monroe County Growth Management
2798 Overseas Highway, Suite 400
Mandhon, Florida 33050
Re DRIVE IN HOMEBUILDERS, 11C - Islander Estates Development
1&qqgest f .BOCC Affirdable Housin '..R" t,
_qr......... A qn
Dear Ms.Hurley,
This to is acting as tare authorized agent for Drive In Homebuilders, LLC, a Florida
limited liability company ("'Drive! In Homebujiders') flie awner of the real, property
hicated at 5020 5"" A,v,enue, South Stead Island, Florida 33040 C'Property")., Pursuant to
Monroe County Code (MCC §130-1611(f)(8)(c), a non-governmenU organi7ation
approvied by the Board of County Commissioners ("BOCC") &9 an affordable housing
provider may enter into, a wn'tten agreement wA the County's Planning Director to
autharize the non-,governmental entity to administer the eligibility and compliance
requirements of afford6ble housing unrits which restrictions appear in MCC §130-161,
and applicable deed restrictions. As such, Drive In Homebuilders, is requesting appswal
by the BOCC so that Drive In Hoar nebuilders can act as the qualified agent for purc hasers
of urdts developed on the:Property.
Drive In Hornebuilders arkd its affifi0e, Island Home Btdlders, Inc, a Florid, orporation
("Island Homebuilders") h,ave extensive experience iri the development and sales of
residential ant in Monroe Cowity. Drive in Homebuiliders bw employed the
services of a local Certified Public AccowiVint to review and audit each potential
purchaser or tenant of a unit within the Property.
Drive In Hoinebuilders proposes to quali4 all purchasers c,)r tenants of any modified
market rate housing unit ("Market to Unit") which is or s hall 1w constnicted on 'the
parcel known ws Islander Estates,located at 50" 5"'A-venue, Stock.1sland Florida,which
is&9signed real estate parcel number 001127400.000000("Parcel"). The qualification shall
be in accordance with that. certain Restrictive ton vermt 1"br Dwelling Units in Monroe
Counly, Florida ftom Drive In, LTD, the predecessor in in.temst to Drive In
Hornebuilders, executed on Aptil 10, 2013 and recorded on Aprfi 15, 2013 in Official
Records Boolk 2623, Page 643 Public Ikeeords, of' Monroe Coiinty, Florida ("Deed
Res-triction"').
The Deed Restriction provides in par4 that each market rate dwelling imit developed "is
hereby deed restricted for a period of thirty(30) years to the mse and occupancy, whether
by ownership or rental, by hou,wholds that derive at least seventy percent (70%) of their
household income from gainful, employment m Monroe County, Drive InHornebuilders
will, by December 3 1" of each calendar year, provide written certification to the
County's Planning Department certifying that pmchasers and tenants of each Market
Rate Unit on the Parcel meet the applicable employment and income requirements as
required by MCC §130-4 61(f)(2).
We gready appreciate your assistance in this matter, If you should have any questions,
comments or concems,please do not hesitate to contact rams®
Sincerely,
Gregory S. Oropeza,Esq.
GSO
Elcctronic Cc:
Client
Susan Gritasley, Esq,
`l'iffhnY Stankievvicz
,2
County of Monroe
Growth ii
taft-limn t b t �, arm e 6
279 Overseas Highway Suite d 10
� Mayor� Georgeenn rornt,l�' 2
k 33�tt5� �' yMayor ProTern Heather Carruthers Dist 3
Ipp m
Voice-; (30 )2 9-2 00 � � � Danny Koh age,Dist, 1
FA
X:: �(30, )2 - 536 . David Rice,Dist.4
Silvia Murphy,Dist.
LETTERT
June 2014
Mr.Don C.Miller,1 alter
Drive In Ho mebnnilders,LLC
3152 Northside Drive, Unit 1 t31
Key West,Florida 33040
RE: Financial Qualification Drive In HomebuRders,LL , a Floridalimited liability coon
Modified Market Rate Residential Units — 5020 5h Avenue, Units 1-22; Parcel
Yerrti�r ticnrn l b 1274tt0-0000001
Dear Mr.Miller.
The Planning Environmental .eso t has reviewed the reqttest to determine
whether Drive In Hoinebuilders, LL , a Florida imited liability company ("Drive In
Htntrnebuilder ") through the appropriate erne, mrray qualify the applicants for the affordabic
housing its at the above development, We reviewed your request and the documentation
submitted regarding the oversight ofthe application process by,Jeffrey E. Allen,C.P.A.
Monroe County Code Section 130-1.61 Affordable and employee housing is tier has a
provision that the Planning Director may authorize a private developer to administer the eligibility
and compliance requirements for the planning department under a written agreement The
following governmental or nongoverrimental agency entities eligible for the delegation of
authority:
a. The county housing authority, not-for-profit community development organizations,
pursuant to subsection( ) of this section, and other public entities established to provide
affordable housing,
b. Private developers or other nongovernmental organizations 'cip ing in a eral/state
housing fmarncial assistance or tax credit pro or receiving some form of direct
financial assistance from theCounty;or
c, Nongovernmental organizations approved by the board of county commissioners as
affordable housing providers,
The Planning n nmental Resources Department has determined that you are ellgibie t
have a qualified Management entity to admrn` °ster the compliance requirements pursuant to
Monroe County Code because the project meets Monroe ounty Code Section 130-16I(O(8 c)
"-Nongovernmental organizations approved by the board of County commissioners as affordable
Lefter Agrmneat 1br AFH Qialifying Applimats Page 1 00
housing providers."This qualification is based on the modified market raw housing its you are
developing which were part of an affordable housing project, pursuant, in part, to that certain
Restrictive Covenant for Dwelling Units in Monroe County,Florida from Drive In,LTD recorded
in the Public Records at OR Book 2623 Page 643.
By signing below,you agree on behalf of Drive In Homebuilders, LLC that it and any CPA that is
employed by it will comply with all qualification requirements pursuant to Monroe County Code.
The annual report provided by Drive In Homebudders will be provided to the County, on
December 31 of each year, commencing in 2014, showing the income qualifications and
employment qualifications, If any other information is required by Monroe County, Drive In
Homebuilders,LLC.will provide it.
Please be advised that your records and those held by any qualifying agents may be considered
public records under Florida law, and your cooperation will be required to obtain these records if
needed by Monroe County. Drive in Homebuilders must keep a copy of the documents showing
qualification.
If the verification agent listed above is changed,you must notify the Monroe County Planning&
Environmental Resources Director.
When the property is transferred, this agreement is binding on successors in interest.The Islander
Estates Homeowners Association, Inc., a Florida not for profit corporation will assume the
qualification duties using the CPA indicated. The Islander Estates Homeowners Association, Inc,
shall record within dirty days(30)days of this agreement being fully executed,record a provision
to the Declaration and Restrictions of the Association,requiring the Association and all successors
and/or assigns to comply with the restrictions set forth hereirL If a different CPA is employed,the
qualifier agent must notify the county. A new agreement may be required by the Planning &
Environmental Resources Director.
If you have additional questions please contact Tiffany Stankiewicz, Development Administrator
at 305-289-2513.
Sincerely,
To ley Schwab
Sr, Director of Planning&Environmental Resources
A to Ithis-L-Lday of--JUDL .20142014
Don C.Miller
Managing Member of Drive In Homebuilders,LLC
The foregoing instrument was acknowledged before me this day of J(4n .2014
A.D. by Don C. Miller as Managing Member of Drive In Hornebuilders, LLC, who is LeMnal.11
known to me or has produced as identification.
My Commission Expires
Notar y Public ignature)
EXPM&May K 2MO Notary Public Print Name) SEAL
t
am now N*wbwbn If
1.9tter Agrefflmt for AFH 0=4ing Applimab Pap 2 of 2
JEFFREY E . ALLEN , CPA
1718 N. Roosevelt Blvd, a Key West, Florida 33040 a Phone: 305-296-6591
Email. jeff @Jeff allencipacpa,com
June 16, 2014
Ms. Chrsfine Hurley
Growth Management Director
Monroe County Growth Management
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
RE:
Dear Ms. Hurley,
I want toextend my gratitude for your acceptance of the proposal to permit me to work
with Drive In Homebuilders, LLC, a Florida limited liability company as the Certified
Public Accountant in qualifying potential buyers or tenants. I assure that my experience
and willingness to serve Monroe County and its residences will be executed
professionally and in conformance with County Code.
I look forward to assisting the affordable housing community and appreciate the
opportunity to do so. If you have any questions or need any additional information please
feel free to contact me anytime.
Sincerely,
Jeffrey E. Allen, CPA
JEFFREY E . ALLEN, CPA
1118 N. Roosevelt Blvd, a Key West, Florida 33040 a Phone, 305-296-6691
Email:jeffallencpaGbellsouth,net
OBJECTIVE
To perform qualification testing and reporting for pot9ntlal residents for the property
located at 5020 5th Avenue,Stock Island Florida.
SUMMARY
Certified Public Accountant vAth over eighteen years of experience as a CPA in private
practice. Experienced In tax preparation, budgeting, scheduling, performing risk
Cana es,and facilitating the inclusion of proper internal controls as part of the systems
development process.
PROFESSIONAL EXPERIENCE
2006-Present
Managing Partner
JEFFREY E. ALLEN, CPA
Key Wes4 Florida 33040
Founded firm In 2006 to provide custom tailored accounting strategies to Individuals
and businesses.
Meet with potential and existing clients to determine and implement a plan to serve
their unique tax requirement need& Work procativety with clients to resolve tax Issues.
ProAde Individual, partnership, and corporate tax return preparation services in
accordance with GAAP standards.
Supervise accounting staff of four In bookkeeping, bank reconciliation, payroll
processing and financial statement preparation,Work with staff to streamline
operations by standard Ldrg and organdng accounting procedures,
Set up and supervise accounilng systerns In QUckbooks, and other soffware
applications.
Managing Partner 1996-2005
WAR&OW&AtLEN, CPA
Key West, Florida 33040
As partner of Key West public accounting firm, performed a variety of
accounting, tax and consulting services to individuals, trusts and small
businesses. Maintained system management for quality, and efficiency,,
Supervised accounting staff of four.
EDUCATION
UNIVERSITY OF CENTRAL FLORIDA
master of science in AccounUng, 1993
Bachelor of Science in Accounting, 1989
Bachelor of Science In Finance, 1089
MEMBERSHIPS&ASSOCIATIONS
Florida Keys Chapter of the Florida Institute of Carta d Public Accountants— Two-Term
President
American Institute of Certified Public Accountants(AICPA)
Florida institute ofCortifled Public Accountants(FICPA)
Certified Public Accountant, State of Florida— 1993
Community Association Manager—2008 to Present
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Detail by Entity
Florida Limited Liability Co panes
DRIVE IN HOMEBUILDERS, LLC
Filing Information
Document Number L13000047632
FEI/EIN Number N/A
Date Filed 04/01/2013
State FL
Status ACTIVE
Effective Date 03/29/2013
Principal Address
3152 NORTHSIDE DRIVE
101
KEY WEST, FL 33040
ilia Address
13152 NORTHSIDE DRIVE
101 B
KEY WEST, FL 33040
Registered Agent Name &Address
MILLER, DON C
147 KEY HAVEN DRIVE
KEY WEST, FL 33040
Authorized Personfsl Detail k
Name &Address
Q Title MGR
GALVAN, DANNY
16 SHORE TERRACE
KEY WEST, FL 33040
Title MR
MILLER, DON C
f
147 KEY HAVEN DRIVE
KEY WEST, FL 33040
Annual epos
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Detail by Entity Name Page 2 of 2
Report Year Filed Date
2014 01/09/2014
Document IMIgges
01/09/2014 ANNUAL REPOR View image in PDF Tor7m--aE71
04/0112013 Florida Limit Libiiit View image in PDF format
AuyiLiaw &,and
State of Flonon,Department of?uwe
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Detail by Entity Name Page l of
r
Detail by Entity Name
Florida Protit Cormioration
ISLAND HOME BUILDERS INC.
i
�FIIUii�n Ilmmtouwmm7uatl�r�n
Document Number P10000081562
FEI/EIN Number 273653786
Date Filed 10/0512010
State FL
Status ACTIVE
Effective Date 10/05/2010
Princi al Address
3152 NORTHSIDE DR.
101B
KEY WEST, FL 33040
Changed: 03/07/2012
3152 NORTHSIDE DR,
101 B
KEY WEST, FL 33040
Changed: 03/07/2012
��Re Istered A ent Nammme Address
MILLER, DON C
147 KEY HAVEN DR
KEY WEST, FL 33040
h
Address Changed: 03/07/2012
Officer/Director Detail
Name &Address
i
Title V.P.
GALVAN, DANNY
16 SHORE TERRACE
BIG COPPITT, FL 33040
Title P.
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Detail by Entity Name Page 2 of 2
MILLER, DON C
147 KEY HAVEN DR
KEY WEST, FL 33040
6 flaR L Re o rta
Report Year Filed Date
2012 03/07/2012
2013 03/04/2013
2014 03/11/2014
Document it a ee
0 1-11/ 01 :-:_ P"�dNUAL REPORT View image in PDF format
03/04/2013 -ANNUAL REPORT View image in PDF format
05103/2012 ANNUAL REPORT View image in PDF format
03/07/ 01 , ANNUAL REPORT View image in PDF format
08/09/2011 w-ANII�UAL, R EPORT View image in PDF format
04/13/2011 ANNUAL 1jPCL T View image in PDF format
10/05/2010-- Domestic Profit View image in PDF format
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