|
[Ed. note:
This is the third article in a series about current discussions
between the Town of Kiawah Island and the Island’s Developer (KRA)
concerning a new or extended Development Agreement (DA). The
first article provided an historical perspective on the 1994 DA;
the second responded to property owners’ questions generated by
that article
The development of
Kiawah Island is compared to a three-act play in an article in
Island Insights, a quarterly publication of Kiawah Island
Real Estate (KIRE), a sales subsidiary of KRA (the developer).
Under the existing rules, using that analogy, the curtain could
come down on the third act with a 325-room hotel and additional
condos or commercial development right outside the main gate.
If you, as a Kiawah
property owner, are not pleased with these potentialities, now
is the time to contact Town Council members before a new
Development Agreement (DA) is negotiated. KPOG completely
agrees with a statement in that article that "Creating a
community is a creative endeavor that benefits from a shared
vision." Property owners need to be partners in creating that
vision.
KPOG has posted
the text of the 1994 DA, including exhibit 13.2, between the
Town and the Developer (KRA) on its website www.kiawah.org.
This exhibit defines zoning for various parcels on the Island.
The article in
Island Insights discusses the relationship between the Town,
the Community Association (KICA) and the Developer--and the
ongoing discussions between the Town and the Developer regarding
a new DA. The essence of this article echoes the message sent
by the Developer’s principal, Buddy Darby, in his February
letter to all property owners. In seeking community backing for
extending the existing DA, he stated, “. . . KRA is not
asking for any new land to be included nor for relaxation
of any rules.”
The following points
indicate the issues of potential concern:
The 1994 DA grants
KRA the following rights:
-
KRA has the right to develop Cougar Island, the largest
remaining undeveloped parcel on Kiawah. A total of 375
single-family homes can be built on this 250-acre tract.
(1994 DA, Exhibit 13.2 parcel 43).
-
KRA has the right to build condos or commercial properties on
approximately 8.5 acres adjacent to the Resort’s Mingo Point,
just outside the Main Gate. (1994 DA, Exhibit 13.2, parcels 2
and 3)
-
KRA has the right to build a 325-room, six-story hotel
adjacent to Beachwalker Park. (1994 DA, Section 13C. Vested
Rights for the Developed Lands, pp30-35).
-
The ARB retains total control over building in undeveloped
areas, and may relax rules when it so chooses. (1994 DA,
Section 13B, Vested Rights Governing the Development of the
Undeveloped Lands, pp12-30). The ARB retains control over
aesthetics in developed areas. Variances must be approved by
both the ARB and the Zoning Board of Adjustment. (1994 DA,
Section 13C, Vested Rights for the Developed Lands, pp30-35).
-
Despite the fact that KRA has transitioned a great deal of
control of KICA to property owners, it still retains very
important decision-making control in several critical areas
even though the Property Owner Directors’ hold a 6-1
majority. Some of these include KICA’s budget allocation
process; control over who will serve as KICA’s legal counsel;
and the inability of property owners to propose changes to the
KICA covenants without KRA’s permission. (1994 DA, Section
18, Kiawah Island Community Assn., Inc., pp46-51).
|
