122 White Avenue, City of Anna Maria, Florida, Property ID # 6997200059 (Hereinafter the "Subject Property")
I LEWIS Attorneys at Law LONGMAN llw-!aw.com WALKER
Reply To: Tampa Bay
April 27, 2016
Dan Murphy, Mayor City of Anna Maria 10005 Gulf Drive Anna Maria, FL 34216
RE: Bert J. Harris Claim, April 27, 2016
Dear Mayor Mutphy,
We have the privilege of representing Dr. Lawson Macartney, owner of the property located at 122 White Avenue, City of Anna Maria, Florida, property ID # 6997200059 (hereinafter the "subject property"). Dr. Macartney uses his home as a short-term rental property in the City of Anna Maria ("the City"). Prior to the enactment of Ordinance 15-807 (hereinafter the "Vacation Rental Ordinance"), the City allowed short-term vacation rentals in the City without restriction.
Dr. Macartney purchased his home in August 2015, for investment purposes as a short- term vacation rental. The "before" condition of the subject property is a five bedroom, single family residence able to accommodate up to 13 guests as a part of the permitted short-term rental use of this property existing prior to the Vacation Rental Ordinance. Through the City's passage of the Vacation Rental Ordinance, on November 19, 2015, the subject property is now restricted to a lower occupancy causing a substantial diminution in the property owner's reasonable investment backed expectations.
Section 70.001 of the Florida Statutes, known as the "Bert J. Harris Jr. Private Property rights Protection Act as Amended" (the "Bert J. Harris Act), creates a separate and distinct cause of action which provides for relief or payment of compensation when a new law, rule, regulation or ordinance of the state or a political entity in the state, unfairly burdens real property. "When a specific action of a governmental entity has inordinately burdened an existing use of real property or a vested right to a specific use of real property, the property owner of that real property is entitled to relief which may include compensation for the actual loss to the fair market value of the real property caused by the action of government, as provided in this section." §70.001(2) Fla. Stat (2015). By adopting its Vacation Rental Ordinance, the City has
JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALM BEACH
245 Riverside Ave., Suite 150 315 South Calhoun St., Suite 830 101 Riverfront Blvd., Suite 620 515 North Flagler Dr., Suite 1500 Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 34205 West Palm Beach, Florida 33401
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inordinately burdened the existing use of Dr. Macartney's property and caused a substantial loss to the fair market value of Dr. Macartney's property.
This letter serves as a formal, written claim pursuant to Section 70.001 (4)(a) of the Florida Statutes. In accordance with Section 70.001(4)(a) of the Florida Statutes, a bona fide, valid appraisal that provides for a before and after valuation demonstrating the loss in fair market value of the subject property due to the Vacation Rental Ordinance is attached hereto. This appraisal establishes the loss in value for the subject property to be $240,000.
Section 70.001 (4)(c) of the Florida Statutes states that the City of Anna Maria has 150 days to respond to this claim with a written settlement offer. You should consult your counsel as to any other obligations and settlement opportunities contained within this statute.
PLEASE BE GOVERNED ACCORDINGLY.
Sincerely yours,
L , LONGMAN & WALKER, P.A.
Kevin S. Hennessy
KSH/cej Enclosure cc: Client Gretchen R. H. Vose, Esq. Jennifer R. Cowan, Esq. Lori Killinger, Esq.
00645600-1 BASS & ASSOCIATES, INC. CONSULTING APPRAISERS . PLANNERS . ECONOMISTS
Richard W. Bass, MAI/AICP Stephen A. Garcia State-Certified General Real Estate Appraiser RZ348 State-Certified General Real Estate Appraiser RZ3690 [email protected] [email protected]
Brenda D. Bailey Robert J. Fletcher, MAl/AiCP/CCIM State-Certified Residential Real Estate Appraiser RD5594 State-Certified General Real Estate Appraiser RZ2463
Tracy T. Shinkarow Susan M. Fletcher State-Certified Residential Real Estate Appraiser RD7632 State-Certified General Real Estate Appraiser RZ3223 [email protected]
APPRAISAL REPORT
DIMINUTION IN VALUE ANALYSIS IMPROVED RESIDENTIAL PROPERTY 122 WHITE AVENUE ANNA MARIA, FLORIDA 34216
FOR KEVIN S. HENNESSY, ESQUIRE LEWIS, LONGMAN & WALKER, P.A. 101 RIVERFRONT BOULEVARD; SUITE 620 BRADENTON, FLORIDA 34205
PROPERTY OF LAWSON MACARTNEY 135 BERTOLET SCHOOL ROAD SPRING CITY, PENNSYLVANIA 19475
RETROSPECTIVE DATE OF VALUE NOVEMBER 19, 2015
DATE OF APPRAISAL REPORT APRIL 4, 2016
FILE 16-123E
1953 Eighth Street - Sarasota, Florida 34236-4226 - (941)954-7553 - Fax (941) 952-9440 - Licensed Real Estate Broker BASS & ASSOCIATES, INC. CONSULTING APPRAISERS . PLANNERS . ECONOMISTS
Richard W. Bass, MAI/A1CP Stephen A Garcia State-Certified General Real Estate Appraiser RZ348 State-Certified General Real Estate Appraiser RZ3690 [email protected] [email protected]
Brenda D. Bailey Robert J. Fletcher, MA1/AICP/CCIM State-Certified Residential Real Estate Appraiser RD5594 State-Certified General Real Estate Appraiser RZ2463
Tracy T. Shinkarow Susan M. Fletcher State-Certified Residential Real Estate Appraiser RD7632 State-Certified General Real Estate Appraiser RZ3223 [email protected]
April 4, 2016
Kevin S. Hennessy Lewis, Longman & Walter, P.A. 101 Riverfront Boulevard; Suite 620 Bradenton, Florida 34205
RE: Diminution in Value Appraisal 122 White Avenue Anna Maria, Florida 34216
Dear Mr. Hennessy:
As requested, we have conducted the required investigation, gathered necessary data, and made certain analyses in order to determine if a diminution of market value exists for the subject property.
The subject property is a two-story single family residence with 5-bedrooms located in the city of Anna Maria. This is a new residence built in 2015 and purchased by the current owners for use as a short-term vacation rental able to accommodate up to 13 guests.
The scope of this assignment is to provide two opinions of market value for the subject property. The value opinions will refer to the "before" and "after" condition of the property with and without the limitations and restrictions of Ordinance 15-807 adopted on November 19, 2015.
Ordinance 15-807 was adopted by the City of Anna Maria to impose use regulations and restrictions upon single and two family residences which are utilized as short-term vacation rentals. More specifically, as related to the subject property, this ordinance incorporates a maximum occupancy restriction of (8) guests per short-term vacation rental as well as other physical and regulatory restrictions.
1953 Eighth Street - Sarasota, Florida 34236-4226 - (941)954-7553 - Fax (941 ) 952-9440 - Licensed Real Estate Broker BASS & ASSOCIATES, INC.
This appraisal report sets forth the identification of the subject property, assumptions and limiting conditions, pertinent facts about the subject area, comparable data, and the reasoning leading to the conclusions.
As the property is used primarily as an income generating vacation rental, only the Income Approach is applicable in the valuation of the subject.
This appraisal is based upon our analyses of the unrestricted "before condition" and the "after condition" as restricted by the City of Anna Maria adoption of Ordinance 15-807. Information on income/expense data was provided by the property owner, All information within this report is subject to the General and Special Assumptions and Limiting Conditions.
Should you have any questions, please do not hesitate to contact me.
Respectfully submitted,
Richard W. Bass, MAI / AICP State-Certified General Real Estate Appraiser RZ348
File # 16-123E 122 White Avenue April, 2016 BASS & ASSOCIATES, INC.
SUMMARY OF SALIENT FACTS AND IMPORTANT CONCLUSIONS
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PROPERTY TYPE: Vacation Rental
PROPERTY IDENTIFICATION: ID # 6997200059
LOCATION: 122 White Avenue, Anna Maria, Florida 34216
OWNER: Lawson Macartney
CENSUS TRACT: 18.00
RETROSPECTIVE DATE OF VALUE: November 19, 2015
DATE OF REPORT: April 4, 2016
PROPERTY RIGHTS APPRAISED: Fee Simple
ESTIMATED LOT AREA: 5,670 Square Feet
IMPROVEMENTS: 3,750 +/- SF Gross Building Area 2,250 +/- SF Net Living Area
ZONING: R-1; Single-Family Dwelling District
FUTURE LAND USE: Residential
HIGHEST AND BEST USE: Continue to use as a short-term vacation rental for up to 13 occupants.
File # 16-123E 122 White Avenue 1 April, 2016 BASS & ASSOCIATES, INC.
TABLE OF CONTENTS
Item Page
SUMMARY OF SALIENT FACTS 1
PURPOSE, USE & USERS OF APPRAISAL 3
SCOPE OF WORK 3 Appraoches to Value 4 Subject Market Area 4 Research 4 Property Visit 5 Property Rights Appraised 5 Definitions 5 History of Subject, 6 Ownership 6 Zoning/FLU 6 Assessed Value & Taxes 7 Flood Data 8 Location Maps 9 Property Appraiser Bldg Sketch 10 Site Description 11 Improvement Description 11 Subject Photos 12
HIGHEST AND BEST USE 17 As Improved 17
INCOME APPROACH "BEFORE" CONDITION 19
INCOME APPROACH "AFTER" CONDITION .. 23
RECONCILIATION AND CONCLUSIONS 27
Addenda Site & Bldg Plans Income Data Certification General Assumptions and Limiting Conditions Flood Zone Information Appraisers Qualifications
File # 16-123E 122 White Avenue 2 April, 2016 BASS & ASSOCIATES, INC.
PURPOSE, USE AND USERS OF THE APPRAISAL
The purpose of this assignment is to render opinions of market value for the subject property first in it's "as is" before condition as a 2,250 +/- square foot 5-bedroom home with a rental capacity of up to 13 guests. This "before condition" reflects the use of the property prior to the adoption of Ordinance 15-807.
The "after condition" opinion of value for the property is a 5-bedroom home with a permitted rental capacity of 8 guests to meet the requirements of Ordinance 15-807.
If applicable, render an opinion of any diminution in value created by the imposed use regulations and restrictions. Our value opinions do not take into consideration any new costs associated with the implementation of Ordinance 15-807 including any cost to
cure.
This assignment is subject to the assumptions and limiting conditions contained herein. The intended use of this appraisal is for internal business decisions of the client and for possible expert witness testimony.
The client of this appraisal assignment is the property owner.
The intended users include the property owner Lawson Macartney; client's advisors and a court of competent jurisdiction.
SCOPE OF WORK
The scope of this assignment includes research and analysis of market information two years prior to the retrospective date of value. Two indications of value will be rendered for the subject property, first the "before" condition of the subject as a 5-bedroom single family residence able to accommodate up to (13) guests. Secondly, the "after" value indication is the subject property as built with 5-bedrooms for a maximum permitted occupancy of (8) guests. These different valuation scenarios relate to the City of Anna Maria Ordinance 15-807 restricting single family and two family properties which are utilized as such rentals, to a maximum occupancy of (8) guests. Prior to the adoption of Ordinance 15-807 on November 19, 2015 there were no such restrictions upon owners which utilize their residences as short-term vacation rentals.
The question the appraiser will address is: Is there a measurable market value difference between a 5-bedroom short-term rental capable of accommodating 13 guests and a 5-bedroom rental only permitted to accommodate 8 guests on Anna Maria?
As the scope of this assignment revolves around the adoption of Ordinance 15-807 and its impact on the subject property's highest and best use as a short-term vacation rental, only the Income Approach to value is considered applicable to this assignment.
File # 16-123E 122 White Avenue 3 April, 2016 BASS & ASSOCIATES, INC.
Approaches to Value
For the Income Approach, the appraiser gathers income and expense data concerning the subject property if applicable and similar properties in the market area. This is used to estimate a net annual income of the subject property. This amount is then capitalized to produce an indication of market value. The appraisers were provided detailed rental data on the subject and other like kind rentals located on Anna Maria.
This is a special purpose assignment involving a newly adopted ordinance affecting short-term vacation rentals. More specifically the ordinance restricts the maximum number of occupants per rental therefore restricting potential income for such properties as well as requiring both physical and regulatory requirements.
Subject Market Area
Anna Maria is located at the northern tip of a barrier island which is also home to Bradenton Beach and Holmes Beach. Access onto the Island is via three roadways. Closet to Anna Maria is State Road 64 (Manatee Avenue), south of this is State Road 684 (Cortez Road), and finally from Sarasota County via Longboat Key is State Road 789 or Gulf Drive.
According to the 2010 census Anna Maria has a population of 1,506 with around 1,550 housing units. There were 19 building permits issued for new single family construction on Anna Maria in both 2013 and 2014. Average home prices on the island, depending on size and frontage, are between $700,000 and $800,000. A majority of the single family homes within the city are utilized as short-term vacation rentals. As of September 2015 it was estimated that approximately 600 to 800 homes are rented throughout some part of the year.
Research
Research focused on market activity of free standing residential improvements located on Anna Maria which are currently utilized as vacation rentals. For the income analysis, we examined income and expense data provided for a variety of properties over the past two years as well as future rental agreements.
Data was gathered from various sources, including public records, real estate and rental company websites, active real estate professionals and local participants in the market. Various public and private sources were used to find and confirm data on sales and short-term rental rates, market conditions and the market appeal of the subject property. Final value conclusions were drawn after a thorough analysis and reconciliation of the available data.
Susan Fletcher conducted extensive research and analysis of the overall area, comparable data, and the subject property. Richard Bass performed a thorough review and analysis of all data collected. The ultimate opinions rendered herein are those of Richard Bass.
File # 16-123E 122 White Avenue 4 April, 2016 BASS & ASSOCIATES, INC.
PROPERTY VISIT
The appraisers visited the property, measured all qualified bedrooms and confirmed guest's occupancy on March 12, 2016. The property owner was not onsite during our walk through. The bedroom measurements were taken from shortest wall to wall not including closet areas.
PROPERTY RIGHTS APPRAISED
The property rights being appraised consist of the leased fee interest, which in this case is essentially the fee simple value. This is because the lease terms (rentals) are short- term and the owner has the right to use at their discretion. The appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or its title; nor does the appraiser render any opinion as to the title, which is assumed to be good and marketable. The rights appraised do not include any tangible personal property.
Leased Fee Interest is defined as follows:
"An ownership interest held by a landlord with right of use and occupancy conveyed by the lease to others. The rights of the lessor (the leased fee owner) and the lessee are specified by contract terms contained within the lease."
Fee Simple is defined as follows:
"Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat"1
DEFINITIONS
Market Value is defined as follows:
"The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition are the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
1. buyer and seller are typically motivated; 2. both parties are well informed or well-advised, and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and
The Dictionary of Real Estate Appraisal, Appraisal Institute, Sixth Edition, 2010. Pg. 90
File # 16-123E 122 White Avenue 5 April, 2016 BASS & ASSOCIATES, INC.
5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. "2
HISTORY OF SUBJECT
The subject property last transferred on August 17, 2015 Hang Ten AMI, LLC to Lawson Macartney in consideration of $1,500,000 recorded in BK 2583 PG 402 Manatee County Public Records.
Subsequent to this date, the residence has been utilized as a short-term vacation rental which rents between $2,050 and $7,700 a week depending upon the time of year. The residence was placed in a rental pool after purchase and rented for 6 weeks in 2015. To date there are 14 weeks reserved for 2016.
PROPERTY OWNERSHIP
According to public records of Manatee County, Florida, the recorded owner of the subject property on November 19, 2015 was:
Lawson Macartney 135 Bertolet School Road Spring City, PA 19475
ZONING DESIGNATION
The subject property is located within the R-1; Single-Family Dwelling District which provides single family detached homes, partially implementing the low density residential land use category. Permitted uses include, single family homes, group or foster homes licensed to serve fewer than six clients, community residential homes with fewer than 6 clients, mobile homes and two-family dwellings in existence prior to April 1 , 2009.
Minimum lot area for development is 7,500 square feet with 50' of frontage, maximum densities are 6 dwelling units per acre, and maximum height is 37 feet. Provisions shall be made for at least one off-street parking space with a minimum area of 200 SF.
Details regarding this zoning district can be found at the website http://www.municode.com/library/FL.
FUTURE LAND USE DESIGNATION
The subject property is identified within the Residential future land use category which is intended to ensure the maintenance of the low density residential character of the City. This category has a maximum density of six residential units per acre.
2 Interagency Appraisal and Evaluation Guidelines, federal Register, V. 75 No. 237, December 10, 2010
File # 16-123E 122 White Avenue 6 April, 2016 BASS & ASSOCIATES, INC.
ASSESSED VALUATION AND TAXES
The subject property is identified within Manatee County by a parcel identification number. The 2015 assessed value for the property is as follows:
ID# 2015 Land Value 2015 Improved Total Assessed 2015 Taxes Value Value 6997200059 $385,220 $19,790 $405,010 $6,947.53
All property taxes are paid to date, Millage rate for the city is 16.260000 mills. The vertical improvements were not complete until March 2015. Therefore, we will compare assessed values of other newly constructed or remolded homes with similar size and amenities to estimate the subject property's taxes.
ANNA MARIA TAX COMPARABLES
Address Year Size Land Value Improved Total |/SF Built Value Assessment Assessed Value 749 Jacaranda 2006 4,093 $300,000 $399,916 $699,916 $171.00 Road GBA 509 S Bay Blvd 1991 5,856 $444,000 $304,413 $748,413 $127.80 GBA 306 Spring Ave 2013 3,733 $358,800 $341,536 $700,336 $187.60 GBA 306 Tarpon 1992 3,936 $400,000 $271,765 $671,765 $170.67 Street GBA
The subject property is an interior lot located approximately one block from the beach. Per the building plans provided, the vertical improvement has 3,750 square feet of gross building area situated on a 5,670 +/- square foot parcel. Based upon the above tax comparables an assessed value per square foot for the subject property is concluded to be $185.00/SF or $693,750.
We base the projected property taxes upon the 2015 millage rate of 16.2600 to reach an annual property tax expense of $1 1 ,280.
File # 16-123E 122 White Avenue 7 April, 2016 BASS & ASSOCIATES, INC.
FLOOD ZONE
According to the FEMA website, the subject property is located entirely within the "AE" flood zone which depicts special flood hazard areas subject to inundation by 1% annual chance flood with base elevations. Community Panel 12081 C0138E, effective March 17, 2014.
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