Development Agreements

South Carolina Development Agreement Act

The General Assembly adopted the South Carolina Local Government Development Agreement Act in 1993. S.C. Code Title 6, Chapter 31, § 6-31-10, et seq. The Act authorizes binding agreements between local governments and developers for the long-term development of large tracts of land. A development agreement gives a developer a vested right for the term of the agreement to proceed according to land use regulations in existence on the execution date of the agreement.

Kiawah’s Executed Development Agreements

The Town has entered into two key development agreements that play a critical role in the long-term development of Kiawah Island. These two development agreements are executed with the island’s two major developers, Kiawah Partners (KP) and the Kiawah Island Golf Resort (KIGR).

KIGR Development Agreement

The 2010 Development Agreement between the Town and KIGR guides planning and development for property holdings of the golf resort. Properties subject to this agreement include Mingo Point, West Beach Village properties, East Beach Village and Ocean properties, Cougar Point, Osprey Point, Turtle Point and Ocean Course Golf Courses, Ocean Course residential, Willet Island and the Utility Tract properties. The development agreement is consistent with the Town’s Comprehensive Plan, and Land Use Planning and Zoning Ordinance. This development agreement is scheduled to expire on July 11, 2027.

Kiawah Partners Development Agreement

The Town and Kiawah Island Company (KP) entered into the first development agreement in 1994, replacing the entitlements outlined within the original Planned Development District with Charleston County. In 2005 a new development agreement was entered between the Town and the developer. This development agreement updated development patterns and parameters based on new information and newly developed neighborhoods since 1994. The current development agreement in place was amended in 2013. This 2013 Amended and Restated Development Agreement guides planning and development for the remaining property holdings of the developer. This development agreement is scheduled to expire on December 4, 2023.


2013 ARDA | Dwelling Unit Cap Assessment (2022)





Kiawah Partners Development Agreement Expiration Amendments

• Online Portal Public Comments
• Submitted Public Comments
• Oct. 19 Planning Commission Recommendations
• *New 2013 ARDA Future Land Use & Rezoning Panning Commission Recommendations
• *New Exhibit A - Comprehensive Plan Future Land Use Map
• *New Exhibit A - Zoning Map

Development Agreement Timeline & History:

The Master Plan for Kiawah was approved in May of 1975 by Charleston County as part of the original planned development for Kiawah Island. The Town of Kiawah Island was incorporated on September 13, 1988.

The Town of Kiawah Island and the Kiawah Island Company entered into the first development agreement September 26, 1994, replacing the entitlements outlined within the original Planned Development District created for Kiawah with Charleston County. (Recorded with Charleston County Register of Deeds – Book J248 Page 001)

In 2005, a new development agreement was entered into by and between the Town of Kiawah Island and the Property Owner (Kiawah Resort Associates L.P., present day Kiawah Partners). This 2005 Development Agreement updated development patterns and parameters based on new information and newly developed neighborhoods since 1994. The 2005 Development Agreement was executed on October 12, 2005. (Recorded with Charleston County Register of Deeds – Book Z558 Page 004) Since the execution of the 2005 Development Agreement, there have been six executed amendments made to the 2005 Development Agreement.

The current development agreement in place was Amended and Restated in 2013. This 2013 Amended and Restated Development Agreement by and between Kiawah Resort Associates LP (present day Kiawah Partners) and the Town of Kiawah Island (ARDA) guides planning and development for the remaining property holdings of the developer. This development agreement also covered the annexed lands of Freshfields and considerations of future annexed lands known as Cassique. (Recorded with Charleston County Register of Deeds – Book 0377 Page 802) Since the execution of the 2013 Amended and Restated Development Agreement, there have been four executed amendments. Each of those amendments are described below.  

Link to 2013 ARDA

The First Amendment to ARDA was executed on June 4, 2019. After certification by the property owner to the Town that highland within the Real Property owned by the Property Owner as of January 1, 2016, was more than 250 acres, this amendment, agreed upon by the Property Owner and the Town, amended the terms of the agreement from January 1, 2023 to January 1, 2026. (Recorded with Charleston County Register of Deeds – Book 0804 Page 670)

Link to 1^st ARDA Amendment

The Second Amendment to the ARDA was executed on August 6, 2019. This amendment modified standards for Parcel 13 – Beachwalker Ocean. The modified development standards for Parcel 13, included heighted standards, establishing a limited height zone along the beachfront of Lot 2 (current site of The Cape), establishing remaining dwelling unit entitlements for Parcel 13 in preparation for future development of the site. (Recorded with Charleston County Register of Deeds – Book 0820 Page 516).

Link to 2^nd ARDA Amendment

The Third Amendment to the development agreement was executed on November 3, 2020. This amendment established dwelling unit entitlements for Parcel 13 as well as modified standards for Parcel 13 - Lot 1. These amendments focused on compatibility of height to adjacent existing developments establishing a limited height zone, established remaining dwelling unit entitlements and the number of dwelling units per building. (Recorded with Charleston County Register of Deeds – Book 0930 Page 963)

Link to 3rd ARDA Amendment

The Fourth Amendment to the development agreement was executed on November 1, 2022. This amendment changed the terms of the agreement, setting a new Termination Date to December 4, 2023. (Recorded with Charleston County Register of Deeds – Book 1151 Page 978)

Link to 4^th ARDA Amendment

Amendments for Consideration:

Since the early stages of Kiawah’s development history, the development agreement with the master developer has played an integral part in the placemaking and development of Kiawah. The development agreement has been used as a key planning tool for Kiawah Island. The 2013 Amended and Restated Development Agreement (ARDA) will end on December 4, 2023. The end of this agreement has some implications for Kiawah Island. With the expiration of the ARDA pending, it is important that the Town takes action to clarify, replace, define, and or redefine planning and zoning standards. As a result, the Town of Kiawah Island has initiated several amendments to ensure zoning and planning tools and measures of governance beyond the life of the development agreement are safeguarded for the community.  Those who would like to learn more or ask questions about the ARDA are encouraged to participate in the following upcoming public meetings at the Municipal Center.

Within the executed development agreement, dual land use categories were created for several parcels. These parcels and dual categories are reflected in Exhibit 13. 2 Parcel Specific Development Standards of the ARDA under Use Type. These dual zoning categories have also been identified on the Town’s official zoning map as amended with the execution of the development agreement.

As part of the expiration of the ARDA, Town staff recommends that these parcels be formally rezoned to a zoning category not associated with those identified by the ARDA’ dual land use categories. In addition to the rezoning of these parcels identified with dual land use categories, staff is recommending that other parcels within Exhibit 13.2 Parcel Specific Development Standards that have used their entitlements be rezoned to match the current land use pattern. To accompany the rezoning, staff recommends the Future Land Use Map of the Comprehensive Plan be amended to reflect the proposed new zoning designations for these parcels. For this rezoning process, each of the parcels being presented for rezoning are the parent parcels associated with the ARDA Exhibit 13.2. Parcel Specific Development Standards, identified by Parcel # and Parcel Description. This means that individual parcels which may have been subdivided and or developed after the execution of the ARDA are being presented for rezoning as referenced to in the 2013 ARDA Parcel Rezoning Staff Recommendations. Each parcel considered for rezoning will be identified on the Town’s official zoning map.

The following amendments to be considered include:

This amendment recommends changes to the Town of Kiawah Island Comprehensive Plan Future Land Use Map presenting consistency with land use patterns for specific parcels. This request:

• Amends the Future Land Use Map as referenced Map IX.2 Future Land Use (IX-5 of the Comprehensive Plan)

This amendment recommends changes to the Town of Kiawah Island Official Zoning Map rezoning land use applicable to the 2013 Amended and Restated Development Agreement. This amendment clarified dual zone use categories within ARDA reflected on the current zoning map recommends consistency with land use patterns for specific parcels. This request:

• Amends the Zoning Map as referenced in Land Use Planning and Zoning Ordinance Article II. - Zoning, Division 2. -Zoning Map/Districts, Sec. 12-62. – Zoning Map.
  • The parcels considered for rezoning as identified by the ARDA parent parcels, the common name neighborhood and or the TMS# are:
    • Parcel 2 – Mingo Point North (TMS# 207-00-00-031)
    • Parcel 3 – Mingo Point South (TMS# 207-00-00-032)
    • Parcel 4 – Little Rabbit (The Pointe Neighborhood) multiple parcels
    • Parcel 5 – Rabbit North (TMS# 207-00-00-033)
    • Parcel 6 – Kiawah River Commons (Riverview Neighborhood) multiple parcels
    • Parcel 9 – Beachwalker Office Park (TMS# 207-05-00-004)
    • Parcel 10 – Marsh Point Residual (TMS# 207-05-00-120)
    • Parcel 11 – Beachwalker Lagoon (TMS# 207-05-00-117)
    • Parcel 12A – Beachwalker Park (TMS# 207-05-00-001)
    • Parcel 12B – Captain Sam’s (TMS# 207-05-00-0011)
    • Parcel 13A – Beachwalker Ocean (Parcel 13 - Lot 1) (TMS# 207-05-00-118)
    • Parcel 13B – Beachwalker Ocean (The Cape) (TMS# 207-05-00-122)
    • Parcel 13C - Beachwalker Ocean (Timbers Resorts)
    • Parcel 16 – Settlement (multiple parcels)
    • Parcel 41 – Osprey Beach
    • Parcel 43 – Ocean Park (Open Space/ Park Parcels) multiple parcels
    • Parcel 50 – Freshfields Village (no change)
    • Oyster Rake – (TMS# 207-00-00-024)(TMS# 207-00-00-039; -038; -037; -036; -035) (Residual Lands and Properties adjacent to the Kiawah Island Parkway)
    • Former Church Parcel – (TMS# 207-05-00-116)(This parcel is not a part of the development agreement however for clarification of the zoning map this parcel is recommended to be rezoned.

The existing and proposed Future Land Use designation and the recommended Future Land Use and zoning classification for these parcels can be referenced in Exhibit C below.

Link to Exhibit B – Kiawah Island Zoning Map
Link to Exhibit C – 2013 ARDA Parcel Future Land Use & Rezoning Recommendations(09.26.23)
Link to Exhibit D – Kiawah Island Zoning Map (2010)

 2013 ARDA Parcel Future Land Use & Rezoning Recommendations Parcel Info (Pt.1)(09.29.23)
2013 ARDA Parcel Future Land Use & Rezoning Recommendations (Specific Parcels )(09.29.23)
 2013 ARDA Rezoning Recommendations Comparison Document (Beachwalker Parcels)
 2013 ARDA Parcel Future Land Use & Rezoning Recommendations (10.19.23)

 | On October 4th and 19th, the Planning Commission made the following recommendations to Town Council 

*New 2013 ARDA Future Land Use & Rezoning Panning Commission Recommendations
*New Exhibit A - Zoning Map

This amendment recommends a new zoning category within the Land Use Planning and Zoning Ordinance which provides an appropriated compatible land use designation for specific parcels. This request:

• Amends Land Use Planning and Zoning Ordinance Article II. - Zoning, Division 2. -Zoning Map/Districts, Sec. 12-61. – Establishment of zoning districts.
  • Creates a new zoning Category BW-1, Beachwalker 1
  • Creates a new zoning Category BW-1, Beachwalker 2
  • Corrects Inconsistency with Land Use Categories

Link to Draft Sec. 12-61 – Establishment of Zoning Districts
 Draft Sec. 12-61 - Establishment of Zoning Districts

 | On October  19th, the Planning Commission did not recommend to establish proposed new zoning categories.  

• Creates Land Use Planning and Zoning Ordinance Article II. - Zoning, Division 2. -Zoning Map/Districts, Sec. 12-67.1. – BW, Beachwalker 1

Recommended new zoning category BW-1, Beachwalker for specific parcels. The new zoning category takes into consideration existing developments and allows for reasonable future development consistent with the land patterns with a focus on residential uses. The link below outlines the standards of this proposed zoning category.

The purpose of the BW-1, Beachwalker Zoning District is to provide for flexible residential development and high quality, low-rise commercial development to meet the needs of the Island's residents and guests. This zoning district accommodates multifamily dwellings and other higher density single-family alternatives, such as duplexes or townhouses and compatible commercial uses. Because of the limited population served by the Town's commercial facilities, commercial uses permitted in this district generally are smaller in scale than typical in a regional commercial district. Activities and endeavors which might serve to mitigate against this purpose shall be prohibited or strictly regulated.

Link to Proposed BW-1, Beachwalker Zoning Category
Proposed BW-1 Beachwalker Zoning Category (09.29.23)
Proposed BW-1 Beachwalker Zoning Category (10.19.23)

 | On October  19th, the Planning Commission did not recommend to establish proposed new zoning categories. 

• Creates Land Use Planning and Zoning Ordinance Article II. - Zoning, Division 2. -Zoning Map/Districts, Sec. 12-67.2. – BW-2, Beachwalker 2

Recommended new zoning category BW-2, Beachwalker for specific parcels. The new zoning category takes into consideration existing developments and allows for reasonable future development consistent with the land patterns. The link below outlines the standards of this proposed zoning category.

The purpose of the BW-2, Beachwalker Zoning District is to provide for flexible residential development and high quality, low-rise commercial development to meet the needs of the Island's residents and guests. This is a mixed-use zoning district which accommodates multifamily dwellings and other higher density single-family alternatives, such as duplexes or townhouses and compatible commercial uses. Because of the limited population served by the Town's commercial facilities, commercial uses permitted in this district generally are smaller in scale than typical in a regional commercial district. Activities and endeavors which might serve to mitigate against this purpose shall be prohibited or strictly regulated.

Link to Proposed BW-2, Beachwalker Zoning Category
Proposed BW-2 Beachwalker Zoning Category (09.29.23) 
 Proposed BW-2 Beachwalker Zoning Category (10.19.23)


 | On October  19th, the Planning Commission did not recommend to establish proposed new zoning categories. 

• Amends Land Use Planning and Zoning Ordinance Article II. - Zoning, Division 3. - Use Regulations, Section 12-102. Principal Uses and Use Regulations.

• • Permitted use (P). Permitted use is the principal use allowed in a zoning district. It is a use of right. By way of example, single-family detached dwelling units are permitted in all residential zoning districts, R-1, R-2 and R-3. However, multifamily residential units are only permitted in the R-3 zoning district. The letter P indicates that a use type is a permitted use.

• • Conditional use (C). Conditional uses are uses that are permitted within a zoning district only when the identified conditions for that particular use have been met and the zoning permit application approved by the Planning Director. Conditions for each use are specified in section 12-103, conditions of use. The letter C indicates that a use type is a conditional use.

• • Special exception (S). Special exceptions may only be granted by the Board of Zoning Appeals. These are uses which are generally compatible with the permitted land uses in a zoning district, but which require specific review of the location of the site and the design, configuration and operation of the proposed use, as well as the possibility of imposition of conditions in order to ensure the compatibility of the use at a particular location within the zoning district. Section 12-161 provides a complete description and requirements for special exceptions. The letter S indicates that a use type requires a special exception.

Link to DRAFT Sec. 12-102. Principal Use Regulations
DRAFT Sec. 12-102. Principal Use Regulations 09.29.23 
DRAFT Sec. 12-102. Principal Use Regulations (10.19.23)
 DRAFT Sec. 12-103. Conditions of Use (10.19.23)

 | On October  19th, the Planning Commission did not recommend to amend Sec. 12-102. Principal Use Regulations. The Planning Commission did recommend amend Sec. 12-103 Conditions of Use. for personal improvement services. 

The 2013 Amended and Restated Development agreement was adopted by ordinance on December 3, 2013. With the adoption process, the Town ensured its consistency with Comprehensive Plan as well as the Town of Kiawah Island Land Use Planning and Zoning Ordinance. Ordinance 2013-14 undertook three actions, (1) incorporated the ARDA as an appendix to the Town’s Land Use Planning and Zoning Ordinance, (2) adopted the Freshfields Retail Village Planned Development District, and (3) adopted a zoning map. As part of the expiration of the ARDA, staff is recommending that this ordinance be amended to remove the ARDA as part of the zoning code yet retain Freshfields Retail Village Planned Development District within the zoning code.

The following amendment to be considered include:

Case #AZO23-000003 Amendment to Ordinance 2013-14

This amendment recommends the removal of the 2013 Amended and Restated Development Agreement as part of the zoning ordinance as an appendix and clarifies that Freshfields Village Planned Development shall remain as part of the zoning standards.

Draft Ordinance Text Amendment (Ordinance 2013-14)

 On October 19th, the Planning Commission recommended to remove the 2013 ARDA as an appendix to the Land Use Planning and Zoning Ordinance 

 Draft Ordinance Text Amendment (2013-14) Planning Commission Recommendation

Additional Reference Documents:

Exhibit A – Comprehensive Plan Future Land Use Map

Exhibit B – Kiawah Island Zoning Map

Exhibit C – 2013 ARDA Parcel Future Land Use & Rezoning Recommendations

Exhibit D – 2013 ARDA Parcel Future Land Use & Rezoning Recommendations Presentation Slides (Available one week before Planning Commission Meeting)

Exhibit E – Ordinance 2013-14

Public Meetings and Public Comments:

The following dates are scheduled public meetings regarding these requests. Those who would like to learn more or ask questions about the ARDA are encouraged to participate in the following upcoming public meetings:

• Planning Commission Workshop: September 26, 2023 at 1:00 PM
•  Planning Commission Workshop: October 4, 2023 at 9:00 AM 
• Planning Commission Meeting: October 4, 2023 at 2:00 PM
• Planning Commission Workshop: October 19, 2023 at 9:00AM
• Special Called Planning Commission Meeting: October 19, 2023 at 10:30 AM
• *Special Called Town Council Public Hearing: October 24, 2023 at 1:00PM
• Town Council 1^st Reading: November 7, 2023 at 1:00PM
• Public Hearing November 28, 2023 at 2:00PM
• Town Council 2nd Reading: November 28, 2023 at 2:00PM

All public meetings will take place at the Kiawah Island Municipal Center – Council Chambers located at 4475 Betsy Kerrison Parkway, Kiawah Island, SC 29455. The meetings will be live-streamed for viewing only via the Town of Kiawah Island’s YouTube Channel

 Online Public Comment Portal:

For your convenience and ease of providing public comment, the Town has created an online public portal to receive public comments specifically for presented amendments associated with the expiration of the development agreement. All interested parties who would like to submit written public comments may do so by submitting commits via this online public comment portal. In-person comments may be provided during the public comment period or during the public hearing portion of each of the noticed meetings. 

The online public comment portal will remain open until Friday November 24th at noon.

Any persons with questions regarding any of the proposed amendments or provided materials, may contact John Taylor, Jr., Planning Manager via email at jtaylor@kiawahisland.org or by phone at 843-768-9979.

Review Process and Procedures:

Town staff has outlined recommendations for each of the presented amendments for consideration. These amendment requests will be heard by the Town of Kiawah Island Planning Commission who will then provide a recommendation to the Town Council. Town Council has the final decision-making authority on comprehensive plan and zoning amendment requests.

Actions of the Planning Commission

Comprehensive Plan Amendment Requests:

Pursuant to §12-157 (4) of the Land Use Planning and Zoning Ordinance “The Planning Commission shall review the proposed amendment and adopt a resolution recommending that the Town Council approve, deny or approve with conditions the proposed amendment, based on the approval criteria of subsection (7) of this section. The Planning Commission may hold a public hearing in accordance with the procedures in section 12-156. A simple majority vote of Planning Commission members present and voting shall be required to approve the amendment. Following an unfavorable finding on the application, the Planning Commission shall notify the applicant and report the reasons for the finding.”

Zoning Ordinance and Zoning Map Amendment Requests:

Section 12-158(3) of the Zoning Ordinance states “The Planning Commission shall review the proposed text amendment and/or zoning map amendment and take action, recommending that the Town Council approve or deny the proposed amendment. The Planning Commission may hold a public hearing in accordance with the procedures in section 12-156.  The Planning Commission’s recommendation shall be based on the approval criteria of subsection (6) of this section. The Planning Commission shall submit its recommendation to the Town Council within 30 working days of the Planning Commission meeting at which the amendment was introduced. A simple majority vote of the Planning Commission members present and voting shall be required to approve the amendment.”

Actions of Town Council

Comprehensive Plan Amendment Requests:

Pursuant to §12-157(6) of the Land Use Planning and Zoning Ordinance “Following receipt of a copy of the proposed comprehensive plan text or land use diagram amendment from the Planning Commission, along with the Planning Commission's report and recommendation, the Town Council shall schedule one or more public hearings in accordance with State Law to decide whether to adopt the amendment. For amendments to the land use diagram, personal and posted notice also shall be given in the manner provided in section 12-156. Any time after the close of the public hearing, Town Council shall act to approve, approve with conditions, or deny the proposed comprehensive plan amendment, based on the approval criteria of subsection (7) of this section. A simple majority vote of Town Council members present and voting shall be required to approve the amendment.”

Zoning Ordinance and Zoning Map Amendment Requests:

Section 12-158(5) states “After receiving the recommendation of the Planning Commission, the Town Council shall hold one or more public hearings, and any time after the close of the public hearing, take action to approve, approve with modifications or deny the proposed amendment based on the approval criteria of subsection (6) of this section.  A simple majority vote of Town Council members present, and voting shall be required to approve the amendment. Zoning map amendments shall not be approved with conditions. Prior to action on a proposed code text amendment, the Town Council may, in the exercise of its legislative discretion, invoke the "pending ordinance doctrine" by ordinance so that no building permits shall be issued for structures which would be affected by the proposed amendment until the Town Council has rendered its decision on the proposed amendment.”