Commercial real estate brokers 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.

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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.

KIAWAH ISLAND, S.C. (WCSC) - A new concern surrounding development being built on Kiawah Island has recently come to light by residents and change is now in the works.

The questions revolve around two boardwalks that were built for “The Cape,” beachfront condominium complexes, to give the people that will be staying there beach access.

The boardwalks stick out too far onto the beach, and it raised a red flag for Jim Gidcumb, who bikes on the beach daily.

“At high tide, all of a sudden there’s this boardwalk that runs right into the ocean,” Gidcumb said. “I could not pass it and neither could pedestrians or emergency vehicles, and so I said something isn’t right here.”

After he and others expressed concerns, staff with DHEC’s Ocean and Coastal Resource Management came on-site to assess if the builds were compliant. They determined that recent beach erosion caused the boardwalks to be on the active beach, and the developer is working to shorten the structures.

“It’s a real safety hazard if you can’t traverse this beach at all hours,” Gidcumb said.

The Town of Kiawah said they are assessing to ensure that the boardwalks are compliant and respond to needs of accessibility for emergency and code enforcement vehicles.

“The next step will be to figure out how far back these boardwalks need to be to be in compliance,” Gidcumb said.

DHEC said as long as the boardwalks are shortened properly, they will meet the requirements of the applicable state regulation.

“It would be better to be proactive than reactive, as we’re kind of in a reactive mode now, but that’s fine,” Gidcumb said. “Catching it before it was completed means it can now be addressed and remediated.”

Gidcumb said at the end of the day he just wants to ride his bike on the beach safely and he appreciates the town and developer’s response on this issue.

For more information about this from the Town of Kiawah, click here.

Copyright 2024 WCSC. All rights reserved.

For years, we have called for the conservation of the fragile, ever-shifting southern tip of Kiawah Island, a slice of land many know as Capt. Sam’s Spit. We reiterate that call for a deal — and encourage leaders in our state government and conservation community to focus anew on it — particularly as the property remains in between controversial efforts to develop homes there.

As The Post and Courier’s Toby Cox reported, the property is tied up in a complicated legal dispute over a 2013 Amended and Restated Development Agreement between the town of Kiawah Island and developer Kiawah Resort Associates that expired last month. At issue is whether the developer met contractual obligations to transfer ownership of some of the property’s highlands to the community association and to protect the remaining highlands with deed restrictions. These actions would protect the spit from development efforts, but the developer says these obligations were contingent on development, which did not occur.

Since 2008, developers have sought state permits to build 50 homes on the land, but the complexity of running a road and utility lines to the property has resulted in years-long court battles and appeals that stopped the plans. But those hoping for the property’s conservation should not count on permitting battles and environmental lawsuits alone; the land has some value, and its owners deserve to be compensated to some degree for a conservation agreement that would preclude development. Of course, there may be a wide disagreement over the dollars involved, given the property’s proximity to the high-valued real estate of Kiawah Island as well as the folly of building on land so subject to erosion and flooding.

Town officials sent the developer a letter this month asking it to fulfill the two obligations, and it’s certainly possible this could lead to yet another legal battle. That turn would be regrettable. It would be much better for both sides to focus on a conservation deal that would settle this matter once and for all.

The U.S. Supreme Court issued a precedent-setting ruling in 1992 in a case only five islands north of Kiawah (Lucas v. South Carolina Coastal Council), saying if government restricts all potential use of a piece of private property, that is considered a "taking" — and the property owner is owed compensation. We agree with what Amy Armstrong, executive director and general counsel at the S.C. Environmental Law Project, told Ms. Cox: "As long as the developer owns the property, there’s a threat."

The property is valuable for conservation not only because it provides habitat for wildlife but also because it adjoins Charleston County's Kiawah Beachwalker Park, which is so popular most summer weekends that there is a waiting list for its limited parking spaces. And that's not surprising: Beachwalker offers access to more than a mile's worth of beach and creekfront, around which bottlenose dolphins, sea turtles and seabirds are common visitors. In short, it's one of South Carolina's most pristine sections of beach publicly accessible by car.

Both South Carolina and Charleston County leaders should engage on ways to strike a conservation deal here for many reasons, including the prevention of unwise attempts to harden the land for development and the preservation of wildlife habitat and high-quality public access. The time to strike that deal is now, before more dollars are wasted on legal battles or ill-considered development plans.

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When I think of US islands I think first of Hawaii. Then the US Virgin Islands, and then perhaps Key West. But maybe I should be thinking a little closer to home. A South Carolina Island was the one that took the title of the best island in the US. This is according to the Conde Naste Traveler Reader’s Choice Awards for 2023. And to make it even more exciting the 2nd place winner is also in South Carolina. So which island were they? Coming in first was Hilton Head Island followed by Kiawah Island. Kiawah is in the vicinity of Charleston whereas Hilton Head is further south closer to Savannah, GA.

Top Islands In The US According to Conde Naste Traveler

These are some incredible destinations that Hilton Head and Kiawah topped. Full disclosure I’ve never been to either. In fact, the only spot on this list I’ve been in Key West. I think I’d still rather go there. I’m partial to blue water and a true island lifestyle. And given the choice of anywhere one this list I’m picking somewhere in Hawaii no questions asked. However, the resort vibes of both Hilton Head and Kiawah are still appealing to me.

Conde Naste Traveler readers voted on the best islands as part of the publication’s 36th annual l Readers’ Choice Awards. Other categories include hotels, airlines, cruises, and more worldwide. This year 526,518 people participated in the Readers’ Choice Awards survey. If you’re looking for your next island vacation, perhaps this will inspire you. Do you agree that one of these South Carolina islands is the best island in the US? Or are you like me and a little more attracted to other destinations on this list? You can read the full list and descriptions here.