Mortgage Broker in Kiawah Island, SC

CHARLESTON, S.C. (WCSC) - There’s been a back-and-forth battle over the potential development on a Kiawah Island sandy inlet for more than 15 years.

An agreement between the developer that owns the property, known as Captain Sam Spit, and the town recently expired, and the town is now taking action to keep the land untouched.

Two obligations were outlined in the contract that the developer did not fulfill, and this led to the town issuing a demand letter a few weeks back. The letter asks for those requirements to be carried out, according to the town.

The obligations in question are that the developer transfers ownership of some highlands on the spit to the community association, and that they protect the remaining highlands with deed restrictions.

“That means, since nothing has been developed, all of Sam Spit will be prohibited from being developed,” Kiawah resident Alex Fernandez said.

Kiawah Resort Associates said they formally responded to the town, but it is unclear what was said.

At a special-called town council meeting Wednesday afternoon, a motion was passed for the town’s legal counsel to pursue the town’s rights in enforcing what was laid out in the demand letter.

“The community is whole-heartedly behind this, there’s no doubt about it,” Fernandez said. “It’s a beautiful place and we want it to remain in the present state.”

Amy Armstrong, Executive Director of the South Carolina Law Enforcement Project, has played a large role in fighting to keep the spit untouched.

“Between the birds and the dolphins and the turtles, it’s just a very ecologically rich piece of land and once an area like this is developed, it’s gone forever,” Armstrong said.

The debacle has faced the South Carolina Supreme Court a handful of times.

Armstrong and Fernandez are passionate about protecting the land and the wildlife of Captain Sam Spit.

“We want to save these last remaining natural places from permanent destruction and loss,” Armstrong said.

“The Town of Kiawah Island has a duty to ensure the developer honors its obligations under the development agreement. This includes the conveyance and deed restriction obligations for Captain Sam’s Spit,” town officials said in a statement.

At the end of Wednesday’s meeting, it was said that after 15 years, maybe some kind of resolution is close.

Copyright 2024 WCSC. All rights reserved.

KIAWAH ISLAND — Kiawah Partners, the owner of Captain Sams Spit, has an offered to sell the disputed property to the state of South Carolina for $40 million.

The offer, which was made in December, includes the transfer of Beachwalker Park, which is leased to Charleston County. Kiawah Partners would drop a lawsuit filed against the S.C. Department of Health and Environmental Control and the state in 2009, which alleges that the repeated denial of permits to build homes and infrastructure on the spit has resulted in financial loss for the developer.

If the state refuses the offer, the lawsuit would proceed, extending a legal battle that’s been going on for more than 15 years over development rights on the land.

“It has become very clear ... just how important (Captain Sams Spit) is to so many different people,” said Chris Randolph of Kiawah Partners.

Because of legal interventions, building homes and infrastructure on the land no longer is an option. The offer would be a win for the state, a win for Kiawah Partners and its investors, and a win for those who want the spit to remain undeveloped, Randolph said.

“If we’re able to find this mutually beneficial solution with a bargain sale price to the state and putting to bed all of the potential liability, ... we think that is a deal that’s good for the state and really is a legacy for us and the island,” he said.

The “takings” case

Captain Sams Spit is a delicate, teardrop-shaped piece of sandy land on the southern tip of Kiawah Island.

From 2008 to 2022, Kiawah Partners (before 2013, it was called Kiawah Development Partners) attempted to secure permits to build 50 luxury homes on the property and the infrastructure needed to protect the area from flooding and erosion.

The S.C. Supreme Court eventually ruled to deny all permits and confirmed the spit’s value as a public, natural resource.

The lawsuit — Kiawah Development Partners II, LLC v. DHEC and the state — asks this question: How much is the developer losing by not being able to build homes on Captain Sams Spit as planned?

In 1992, the Supreme Court ruled on a similar question posed in David H. Lucas v. South Carolina Coastal Council. In that case, developer Lucas bought two lots on the Isle of Palms in 1986 to build homes on them. The Beachfront Management Act, passed by the state in 1988, prevented him from doing so.

Because he could no longer build homes on the property, Lucas filed a lawsuit claiming that this left the land essentially “valueless” and constituted a “taking” by the state. Lucas asked for compensation to make up for what was lost, and the U.S. Supreme Court ruled in his favor.

Kiawah Partners is using the Supreme Court decision as the basis for its case against DHEC and the state: Because Kiawah Partners cannot build homes and infrastructure on the spit, it is unable to make the money it counted on and this constitutes a “taking,” the suit claims.

To determine how much money has been lost, Kiawah Partners considered both the land’s depleted market value and vast resource value.

Putting a price on land like Sams Spit is not straightforward; value doesn’t always translate easily to dollars and cents, said Trenholm Walker, the attorney representing Kiawah Partners.

A 2020 appraisal by a third-party company, Valbridge Property Advisors, valued Sams Spit at $113 million. This appraisal assumed the proposed 50 single-family homes and infrastructure were to be built, which didn’t happen.

This value might be higher if these hypothetical houses had been erected then sold in the current housing market. Nearby, some homesites on Flyway Drive sell for around $11 million, Randolph noted. Using this as a reference, the 50 proposed homes on Sams Spit could have been worth around $500 million, he said.

KIAWAH ISLAND, S.C. (WCSC) - Multiple four-story condominium complexes could be coming to Kiawah Island and residents there want the proposed plans to change.

They have concerns about the potential project on Upper and Lower, or Ocean Pines, Beachwalker Drive and say development on the island should not be rushed.

“The impacts are far-reaching for everyone on Kiawah Island, Johns Island, and people wanting to go to the public beach,” Kiawah resident Lance Spencer said. “The infrastructure costs that the city is going to have to bear and that taxpayers are going to have to bear are significant.”

Homeowners said they aren’t against development, but it needs to be done responsibly and they say what’s been proposed is far from it.

“We’re not naïve, we know the developers have the right to develop, but we just want them to develop more responsibly, meaning less density,” Homeowners Association representative for Kiawah Island Lynda Leffler said. “These two areas that they are trying to develop are the most dense on Kiawah Island.”

Their concerns include an uptick in traffic, stormwater management, and that the complexes won’t fit in with the surrounding communities.

“The additional building and construction that the partners and developers want to do is all just for profit with no consideration to the environment and the sensitivity of the environment to what is best for this community,” Kiawah Island property owner James Caltabiano said. “No consideration, it’s all just for profit.”

The complexes would be in a similar fashion to “The Cape” being built now on the island.

“It’s a monstrosity on the beach next to the county park that people come from all over to enjoy,” Caltabiano said. “Now they have The Cape to look at, and it’s terrible.”

Residents say the process to get this development approved has felt rushed and left little time for community feedback.

“The partners have a development agreement which expires December 4th of this year, so certainly they are trying to get everything approved before then, because in that development agreement they can put four stories on these buildings,” Leffler said. “We know they can do that, we just object to that and we wish they would tone it down to two stories.”

They said a two-story building would fit in with surrounding communities as well as address their other concerns.

“It would have a more positive impact on the environment,” Kiawah Island Cottage Association Board Member Cynthia Hadley said. “The stormwater retention is a huge issue in the sense that we experience more and more flooding as the ocean levels rise and the king tides come in. So, a smaller development is definitely what we’d like to see.”

To view the full proposed plans, click here and scroll down.

Copyright 2023 WCSC. All rights reserved.

JOHNS ISLAND, S.C. (WCIV) — Neighbors on Kiawah Island said they’re opposed to the plans for the Island Park Place Health and Wellness Village.

“We just don't want it,” said Johns Island resident Tesha Nelson. “We wanna continue with the beauty of Johns Island to stay the beauty of Johns Island.”

Collie Farah, the land preservation specialist with Kiawah Conservancy, said they are "talking about a development that is just under 130,000 square feet. That is a lot of impervious surface.”

“The infrastructure that's here now on Betsy Kerrison just simply can't support a development of that size," he added.

They’re concerned not only about the size but the environmental impact.

“Not only is it disrupting wildlife habitat, but it's also filling in two acres of freshwater wetlands that are critically important for wildlife, but also stormwater mitigation,” Farah said.

Nelson adds: “It's going to affect the environment where, like I said, if we give one person to build, they'll build more. So they're going to take away from the beauty, the beautiful trees, the island that we all love.”

According to a press release from the Kiawah Conservancy, the developer has listened to concerns and made some changes since the initial presentation of the plan.

News 4 spoke with Councilmember Jenny Honeycutt, who represents this area and reminds people—right now, this is just a proposal.

“This is a plan development,” she said. “And so this would come to council and committee and then have to go through the three readings process at three council meetings. They still have not brought this to the county council for an actual vote in committee.”

Honeycutt admits she shares the environmental concern.

“This is a very high intense use, right next to a residential area on the border of the urban growth boundary. And I'm not so sure that that is the best use,” she said. “Again, I try to keep an open mind, but clearly, the folks in this area do not want to see something of this scale in this area.”

And though the Kiawah Conservancy has been very vocal about this development, they say they aren’t against the idea of the project, but rather the size.

“We have to learn to live with the environment and grow with the environment and not against it,” said Farah.

Honeycutt said unless the developer asks for another deferral, the revised plans will be presented in front of the Charleston County Public Works Committee on Thursday.

Based on the Charleston County Public Works recommendation, the plans will then be seen by the Charleston County Council.

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One of South Carolina’s most enchanting locales, Johns Island boasts miles of shoreline with gorgeous coastal architecture. Only 20 miles from historic Charleston, the Kiawah River area is the region’s sole “agrihood” community, offering everything from a 100-acre working farm and goat dairy to active beehives and nature trails. Today, we’re touring the interior of one of the area’s custom homes, filled with luxe-modern details.

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Built by Charleston-based JacksonBuilt Custom Homes with interiors by Motif, this three-bedroom, three-and-a-half bath home was designed to reflect the area’s natural elements, such as driftwood, feather grass, and water. Moving to Kiawah to escape the Pennsylvania winters, the homeowners have created a retreat highlighting vaulted ceilings and a tranquil aesthetic.

“The front part of the home is the main living space with a beautiful, vaulted ceiling, plaster fireplace, and iron ‘turnbuckles,’ which add to the design goal of making this part of the house feel like the original homestead,” says Kimberly Jackson of JacksonBuilt Custom Homes.

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Though the home sits on an irregularly shaped corner lot, the 2,950-square-foot abode blends in seamlessly with its surroundings. The exterior wows with its coastal farmhouse feel. A stunning live oak tree in the front yard offers a prominent natural feature for the homeowners and the surrounding community. The home is so beautiful, in fact, that it received a “Best in American Living Award” from the National Association of Home Builders! “The home is very natural and organic to the community’s 20 miles of shoreline, acres of maritime forest, and working farms. The large live oak tree in the front is the star of the landscape,” says Kimberly.

Working with architect Collin Cope to accomplish the design and aesthetic, the home offers materials and furniture that complement the outdoors.

All images courtesy of Keen Eye Marketing.

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