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Kiawah Partners oversees the Kiawah Island Architectural Review Board (ARB). The goal of the ARB is to achieve an uncommon and visually pleasing blend of natural beauty and manmade improvements by providing standards and guidelines for community areas as well as residences in accordance with the development’s comprehensive master plan.

Yes, the Town is a municipality. The ARB is a private entity created by the master developer.

The Town and the ARB have two separate review processes independent of each other in which both entities approve a site plan. The Towns Planning Manager reviews proposed commercial developments via the Town’s site plan review process for consistency with zoning and land use regulations and entitlement provisions in the Development Agreement. The site plan review process involves various entities and other government agencies. The ARB has its independent review and site plan process that they approve. However, the ARB review process ensures specific zoning and land use regulations and entitlements are consistent with the Town ordinances and regulations. This occurs through coordination via the Town’s site plan review process.

No, the Town has a site plan review process that involves various entities and other government agencies in the site plan review process. The ARB has a separate (internal) site plan review process that gives them exclusive authority to approve based on its rules and regulations.

No, the Town uses a variety of experts in planning to assist staff, such as traffic engineers and land use professionals, and land use attorneys.

South Street Partners and Riverstone Group have development rights in the Town of Kiawah Island. South Street Partners owns Kiawah Partners, Kiawah Island Real Estate, and Kiawah Island Club, while Riverstone Group owns Kiawah Island Golf Resort and the Andell West property. The Andell West property is located within unincorporated Charleston County. Additionally, within Freshfields Village, Big Rock Partners is the developer of Seafields, a proposed senior-living community comprised of independent and assisted living lifestyles. This project is currently under site development and is expected to be completed in 2024.

Located within the island’s original West Beach community, The Cape is a 14-acre, year-round retreat of sea, sand, marsh, and river — and home to 78 new residences and a clubhouse, which will feature an oceanside restaurant and bar, an infinity pool and a sundeck will be available to Kiawah Island Club members.

East West Partners is developing The Cape in partnership with Kiawah Partners.

The six-building development is under construction with an expected completion of winter 2023-24.

No, it is the Town’s position that the ARB interpreted the language used in calculating lot coverage consistently with previous beachfront projects and in a manner that is reasonable and commonly used.
The calculations themselves are not in question, but rather the definition of “highland” in the ARB standards.  First, ARB has exclusive jurisdiction to interpret those standards and the definition of “highland” as used in those standards.
Second, ARB has interpreted “highland” to mean all areas above mean high water.  Under this interpretation, the development is within the 33% standard adopted by ARB.
Third, this interpretation of “highland” is a reasonable one.  The South Carolina Attorney General has adopted it, and it is used frequently in other contexts, including the Town’s own ordinances.
Fourth, the other definition of “highland” that has been claimed by some is the land above the OCRM Baseline.  Nothing in the ARB standards or the Town’s ordinances adopts the OCRM Baseline.  They do adopt the OCRM Critical Line, but that is for marsh front property and is simply not the same thing as the OCRM Baseline, which applies to beachfront property.
The Town’s own density standards for multiunit development allow 60% of coverage based on the entire lot. There is no reference to highland in the Town’s density standards.  So, even under the Town’s standards, this development would be approved because it is under 60% of the entire lot.

Unfortunately, there can be questions on interpreting the referenced documents, but the ARB has consistently applied the lot coverage language.

Yes, the ARB stated at the April 5 Town Council meeting those 50 saplings were removed as an “unapproved design change.”

Yes, the ARB contacted the owner, and the owner and the ARB are working through a final landscape plan to mitigate the “unapproved design change.”

No, it is the Town’s position that no error has been made and no breach of the Development Agreement.

Yes, the term is used in several documents and has been used correctly based on calculations of lot coverage.

Captain Sam’s Spit is a 190-acre teardrop-shaped isthmus located on the southern end of Kiawah Island, surrounded by the Kiawah River, Captain Sam’s Inlet and the Atlantic Ocean.

The Town of Kiawah Island received an appeal filed by the South Carolina Environmental Law Project on August 10. Click here to view Preserve Kiawah Inc.’s memorandum in support of the petition and appeal. This appeal challenges the Town of Kiawah Island Planning Commission’s July 6 decision to extend the approval of Kiawah Development Partners’ preliminary subdivision plat for Capitan Sam’s Spit for one year. On December 1, both the Town of Kiawah Island’s Planning Commission and Kiawah Resort Associates separately submitted legal memos opposing SCELP’s appeal and requesting that the appeal to be dismissed in court. The Town will continue to keep the community updated.

Initially approved in 2015, the plat lays out plans to construct 50 single-family homes; however, there is no development happening at this time. On June 2, 2021, the South Carolina Supreme Court denied permits from the South Carolina Department of Health and Environmental to construct a 2,380-foot steel wall along the neck portion that connects Kiawah to Captain Sam’s. These permits impacted necessary infrastructures like roadways, stormwater systems and utility lines for the proposed development.

A preliminary plat is a development plan describing the types and density of uses for a specific property, and the preliminary plat, known as Capt. Sam’s Spit, is a site-specific development plan under the State Vested Rights Act.  Approval of a preliminary plat “vests” the landowner with the rights set out in the approved plat. However, approval does not give the landowner a vested right to develop those lots. Thus, for instance, a change in the Town’s setback ordinances, including a setback that would make the lot unbuildable without a variance, could still be enforced with regard to the platted property.

A vested right is the right to undertake and complete the development of property under the terms and conditions of a site-specific development plan or a phased development plan that has been approved by a local government, even if the regulations of the jurisdiction change in a manner that makes the approved development plan no longer in compliance. The vesting provision applies to any site-specific development plans, which are defined as:
A development plan submitted to a local governing body by a landowner describing with reasonable certainty the types and density or intensity of uses for a specific property or properties. The plan may be in the form of, but is not limited to, the following plans or approvals: planned unit development, subdivision plat, preliminary or general development plan, variance, conditional use, or special permit plan, conditional or special use district zoning plan, or other land use approval designations as used by a county or municipality.

On July 6, The Planning Commission approved an annual extension request for the approved preliminary subdivision plat for lands of KDP II, LLC & Kiawah Resort Associates, LP. – Cape Charles (Captain Sam’s Spit). This extension request for the subject approved preliminary plat now grants a one-year extension which expires on July 6, 2023. This extension does not grant approval to build homes or roads or grant other permits for the Developer to begin construction; rather, it grants them additional time to July 6, 2023. The South Carolina Vested Rights Act of 2004 amended the State Planning Enabling Legislation by requiring local governments to include a provision in their zoning and land development regulations ordinances to provide for the vesting of development rights under specified conditions. The Act established a deadline of July 1, 2005, for local governments to come into compliance.

The original preliminary plat that was approved in 2015 provided the beginning stages of the land development process by platting the boundaries of the existing entitlements (50 lots) for Captain Sam’s Spit. Subsequent to the approval of a preliminary plat, the Developer would be responsible for producing conditional and final plats for Town approval. Before the approval of conditional and final plats, road plans and infrastructure needs, such as water and sewer for future access to the proposed development, will need to be provided by the Developer and approved by the Town. Several remaining approvals would be required of the Developer for any development to take place on the property.  As is abundantly clear from the Supreme Court’s rulings, the Developer will also have to seek approvals from the State.

The Town of Kiawah Island’s development agreement requires that traffic counts be conducted three times a year at specific times during the summer peak season. These are held during three two-week periods, including the first two weeks of June (June 1-14), the second and third week of July (July 8-22), and the last two weeks of August (August 17-31).

The location of the traffic counters are outlined in the development agreement and they are positioned both before and behind the main gate along the Kiawah Island Parkway. For a comprehensive traffic count, the Town also included traffic counters on Beachwalker Drive, Governors Drive, Flyway Drive and Ocean Course Drive.

• Kiawah Island Parkway Traffic Update and Summary
• 2022 Traffic Count Data

Near Capacity Traffic Volume (NCTV) represents the point at which 70% capacity is reached on the Kiawah Island Parkway determined by vehicles per hour (VPH). In determining the 70% peak hour capacity, the NCTV is evaluated per lane for the Kiawah Island Parkway or each direction as east bound or west bound. Peak hour capacity is 1,900 VPH for the Kiawah Island Parkway, 1,700 VPH for the Kiawah Island Parkway Bridge, 1,330 VPH for the Kiawah Island Parkway and 1,190 VPH for the Kiawah Island Parkway Bridge.

If for any three consecutive days during the counting periods traffic volumes exceed the NCTV, the developer will submit a traffic mitigation plan to the Town for approval, which will either reduce the traffic volumes below the NCTV or increase roadway capacity for each affected link.

No, the NCTV has not been reached.

The Town has studied the Kiawah Island Parkway Corridor regarding future development within and outside of the Town limits. This study provided recommended traffic mitigation measures for short-term and long-term impacts to the Kiawah Island Parkway. Utilizing this study, the Town is evaluating specific traffic mitigation measures independent of the development agreement’s NCTV. This includes coordination with Kiawah Island Community Association regarding the intersection of the Kiawah Island Parkway and Beachwalker Drive.

In 2021, the Town contracted with Kimley-Horn, a Planning and Design consulting firm, to complete a Comprehensive Kiawah Island Parkway Intersection and Corridor Study (“the Study”). The Study considered the development of remaining parcels along Beachwalker and future development beyond the Town limits. In March of this year, these findings were presented to the community at the Town Council meeting. The final study was presented to the Town Council at its regularly scheduled June 7, 2022, Town Council meeting. The Study results indicated that additional development of current vacant parcels along Beachwalker Drive would not significantly exacerbate an existing traffic concern based on projections. The proposed intersection improvements will improve traffic flow at the Kiawah Island Parkway and Beachwalker Drive intersection. Furthermore, during the early planning stages for the Cape, the Kiawah Island Community Association and the developer entered into an agreement to assist with the disbursement of traffic for a portion of Parcel 13 through Southern Pines Ln/Duneside Ln. This arrangement was part of the approval process for the site plan review of the Cape. Kimley-Horn recommended an intersection improvement plan to the Town Council, which was approved, and the project is currently under design by Kimley-Horn. View the study here.

Yes, there are provisions in the Development Agreement that would apply, if the Development Agreement is active.

Andell West is a 300-acre parcel located in unincorporated Charleston County and is currently zoned for residential uses. In fall 2021, Riverstone submitted an annexation request to the Town of Kiawah Island, asking for 82 of the 300 acres to be zoned for a mixed-use planned development that would have included both residential and commercial uses. While Riverstone has withdrawn its request to the Town, it is anticipated to submit a new, scaled-back request to Charleston County to rezone just 22 acres of the property from R-4, Residential to a planned development with proposed commercial uses similar to Freshfields Village. This decrease from 82 to 22 acres is due to the removal of the residential component, which was inspired by public input. This proposed development will be heard by the Charleston County Planning Commission during an upcoming meeting. If approved, the Town will work closely with Riverstone to ensure proper infrastructure is in place to support safe and efficient traffic flow. In fact, this spring, the Town conducted a Kiawah Island Parkway traffic study, which helped determine infrastructure needs for future development impacts along the parkway. We welcome any additional feedback you have on the project and will continue to provide updates as they are available.

Yes, all members of the Council and staff are committed to ensuring the environment is protected.

Yes, the Town has detailed the remaining entitlements to Kiawah Partners in a document published May 2, 2022. In addition, the Kiawah Island Golf Resort provided an overview of its plans during a presentation last month to the community by Roger Warren. Finally, the proposed plan for a portion of the Andell Tract has just been announced, which is not located within the Town limits of Kiawah but adjacent to Freshfields Village. But these are large developments that will take many years to complete.

See map showing all three parcels comprised of Parcel 13. At this time, the Town has not received any plans from the developer for Parcel 13 Lot. 1.

The Resort owns that parcel. The future plan is for another hotel. Additional questions should be directed to Roger Warren, President, Kiawah Island Golf Resort

As of today (October 24, 2022), the Town of Kiawah Island has not received an application from Bowling Green Capital LLC, on behalf of Citadel Self Storage, for an outdoor storage unit in Freshfields Village.

This has not yet been decided. Through a formal RFP process, the Town of Kiawah Island contracted Webb Mgmt to complete a feasibility study for the potential addition of a Performing Arts and Cultural Center. Beginning on September 28, Webb Mgmt began performing market, operational, financial, economic, and social impact analyses of a multi-use facility, and we expect the study will provide us with several options and opportunities. The town will weigh the results against future needs of the Arts and Cultural Events Council, taking into consideration feedback provided by the community and our partners. We will continue to provide updates as necessary.