3
February 2014
Board Seeks to Clarify Issues
to attempt access to the highland portion of the property from the beach,
it would require illegal passage across protected dunes. Though the entirety
of the property is 4.62 acres, the total acreage includes close to three acres
of dunes and beach area that are seaward of DHEC - OCRM setback lines,
leaving approximately 1.6 acres of highland.
Is the property a valuable financial asset? No. While developable
beachfront property on Kiawah is extremely valuable, the property in
question cannot be developed by KICA due to the constraints mentioned
above, and therefore is not a valuable financial asset.
In last month’s Digest, we reported that KICA and Kiawah Partners (KP)
recently litigated a dispute over common property near Beachwalker
Park. While the board has long believed that the issues are fairly narrow, it
cannot comment until a ruling is issued by the court. However, the board
is concerned with the potential level of misinformation in the community
regarding the parcel of property that is the subject of the litigation, as well
as related published information that erroneously describes how the board
handles policy matters that are a part of its responsibilities.
Property Description and Location: The subject property is 4.62 acres
of land situated just east of Beachwalker Park. It encompasses portions of
the properties known as Parcels 12 and 13, which are undeveloped lands
held by KP and was convey ed to KICA as part of the 2005 Development
,
Agreement between the Town of Kiawah Island and KP As a landlocked
.
parcel, the property has no road access and does not meet the subdivision
requirements of the town, thereby preventing KICA from developing the
property. If KICA retains ownership, the parcel will remain surrounded by
the Atlantic Ocean on one side and land owned by KP on all other sides.
Aside from pedestrian access from the beachfront, it is impossible to reach
the property without trespassing over privately held land. Even if one were
Does ownership of the property impede development at Captain
Sam's Spit? It has also been suggested that the property is critical to the
ability to develop Captain Sam’s Spit. This is not the case. While routing
a road through the property may be a preferred option for the developer,
the Captain Sam’s property can still be developed while bypassing this 4.62
acre parcel. The preliminary plat associated with Captain Sam’s depicts the
access road meandering between, but not touching, the 4.62 acres and
Beachwalker Park. Additionally, Beachwalker Park is leased to Charleston
County, but owned by the developer. The park property includes an access
easement held by the developer that could provide an alternate Captain
Sam’s access, if necessary, although this appears to be the least desirable of
the options. Regardless of public opinions on Captain Sam’s, ownership of
the 4.62 acres is not vital to its development.
Does the developer director on the KICA board have veto power over
“many” decisions of the board? No. However, it has been incorrectly
reported that the developer director “sits on the KICA board and exercises
veto power over many of its most important decisions.” While the developer
director continues to have a seat on the KICA board, his veto rights apply
only to proposed changes to the association’s covenants. Since 1984, there
have been 23 proposed amendments to the covenants. Twenty of them
received the support necessary from the membership; three did not. None
were vetoed by the developer. The developer has never exercised veto rights
on a covenant amendment, and on all other matters casts a single vote, just
like the other six property owner directors.
Homegrown Farmers Market Opens on Johns Island
There's a new farmers market in Charleston County, and it's right here in
the Sea Islands. Homegrown Farmers Market is open every Saturday from
10 a.m. to 2 p.m. at 3546 Maybank Highway on Johns Island.
In addition to providing access to fresh local fare, Market Manager
Frasier Block says that Homegrown is about education and sustainability
too. "The market will be committed to improving our local food system
through sustainability initiatives, which work to support local farmers and
small businesses, reduce waste output, and teach local citizens the benefits
of a sustainable life."
Homegrown's mission is to offer the highest quality, least processed, most
flavorful and nutritional fresh foods throughout the Lowcountry. Only
smart, safe farming practices are allowed. In order to take a leadership
role in the education of practices that attain environmental excellence,
Homegrown incorporates interactive learning practices for people of all
ages, especially children.
For more information on Homegrown, visit johnsislandfarmersmarket.com.