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I 1 1 N TOWN OF KIAWAH ISLAND

ORDINANCE 2017- 14

To AMEND THE TEXT OF CHAPTER 12, LAND USE PLANNING AND ZONING OF THE TOWN OF KIAWAH ISLAND, SOUTH CAROLINA ZONING ORDINANCE, BY AMENDING ARTICLE II, DIVISION 2, ZONING MAP/DISTRICTS BY AMENDING LOT STANDARDS FOR THE RST-2RESORT ZONING DISTRICTAND ALLOWING CONFERENCE CENTER AS A PRINCIPAL USE WITHIN THE RST-2 RESORTZONING DISTRICT; AND AMENDING SECTION 12-102 BY ADDING CONFERENCE CENTER AS A PRINCIPAL USE TO TABLE 3A. AUTHORIZEDUSESIN ZONING DISTRICTS, OF THE ZONING ORDINANCE OF THE TOWN OF KIAWAH ISLAND, SOUTH CAROLINA; AND PROVIDING FOR SEVERABILITYAND AN EFFECTIVE DATE.

WHEREAS,the Town of Kiawah Island now finds that, upon further review, it is in the public interest to add a new principal use within the RST-2 Resort Zoning District, and by amending the Authorized Uses in Zoning Districts Table 3A with its permitted uses by right and by condition; and

WHEREAS, the text amendment would be compatible with surrounding land uses and would not be detrimental to the public health, safety and welfare; and

WHEREAS, the Planning Commission held a meeting on June 7, 2017, at which time a presentation was made by staff and the applicant, and an opportunity was given for the public to comment on the text amendment request; and

WHEREAS, the Planning Commission, after consideration of the staff report, subsequently voted at that meeting to recommend to Town Council that the subject request be approved; and

WHEREAS, Town Council held a Public Hearing on June 22, 2017 and on July 11, 2017, providing the public an opportunity to comment on the proposed amendments; and

Now, THEREFORE, BE IT ORDERED AND ORDAINED by the Mayor and Members of Council of the Town of Kiawah, South Carolina and in Council assembled:

SECTION 1 Amendment

That the Town of Kiawah Island Zoning Ordinance, be, and the same hereby amended as follows in Attachment A.

SECTION 2 Severability

If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

[i] Ordinance 2017-14 SECTION3 Effective Date

This Ordinance shall be effective upon its adoption by the Town Council of the Town of Kiawah Island, South Carolina.

DONE AND RATIFIED THIS 11TH DAY OF JULY, 2017

Craig Weaver, Mayor

ATTEST:

Petra Reynolds, Town Clerk

Approved as to Form:

Dwayne M. Green, Town Attorney

June 22, 2017 1st Reading

July ii, 2017 2nd Reading

[2] Ordinance2017-14 “Attachment A”

Town of Kiawah Island Zoning Ordinance Text Amendment Request Case ZLDR-05-17-001 06 History

Planning Commission Meeting: June 7, 2017 Public Hearing and First Reading: June 22, 2017 Second Reading: July 7, 2017

CASE INFORMATION Applicant: Mark Permar

Application: The applicant is requesting to amend Section 12-70. RST-2, Resort District of the Land Use Planning and Zoning Ordinance of Kiawah Island, (Article 12A-210) and to amend Section 12-102. Principle uses and use regulations; Table 3A. Authorized Uses in Zoning Districts of the Land Use Planning and Zoning Ordinance of Kiawah Island, (Article 12A-301) to allow for the use “Conference Center” to be permitted as a matter of right within the RST-2 Resort Zoning District.

The applicant’s letter of intent states, “The proposed text amendment to the RST-2 district is intended to provide more flexibilityto plan and develop high quality hospitality and guest services consistent with the goals and objectives of the vision for the Town of Kiawah Island.”

The proposed amendment modifies lot standards, including maximum height and minimum setbacks and authorized uses for the RST-2 Resort District.

Section 12-70. RST-2, Resort District The Ordinance specifies the purpose of the RST-2 zoning district is to provide for development of high quality resorts and associated uses providing a wide range of activities for guests of Kiawah Island.

Section 12-102. Principle uses and use regulations The Ordinance specifies permitted use as “the principal use allowed in a zoning district. It is a use of right. By way of example, single-family detached dwelling units are permitted in all residential zoning districts, R 1, R-2, R-3 zoning district. however, multifamilyresidential units are only permitted in the R-3 zoning district. The letter P indicates that a use type is a permitted use.”

“Principal uses are the uses permitted in each zoning district. These are shown in table 3A in subsection (c) of this section, authorized uses in zoning districts. The intent is to allow and regulate uses which are deemed compatible with the purpose of that district, with or without conditions; or to restrict uses.”

There are three classifications of uses (permitted, conditional and special exception) as defined in this subsection and as listed in Table 3A in this subsection (where no classification of use is shown (blank cell), that use is prohibited in the zoning district).

The proposed Zoning Ordinance Text Amendments to modify the lot standards within the RST-2 Resort District and to add the permitted use within the RST-2 Resort District are attached to this report.

RECOMMENDATiONBYTHE PLANNINGCOMMISSION Section 12-158(3) of the Zoning Ordinance states “The Planning Commission shall review the proposed text amendment and/or zoning map amendment and take action, recommending that the Town Council approve or deny the proposed amendment. The Planning Commission may hold a public hearing in accordance with the procedures in section 12-126. The Planning Commission’s recommendation shall be based on the approval criteria of subsection (6) of this section. The Planning Commission shall submit its recommendation to the Town Council within 30 working days of the Planning Commission meeting at which the amendment was introduced. A simple majority vote of the Planning Commission members present and voting shall be required to approve the amendment.” Page 1 of2 DECISION ON AMENDMENTBY THE TOWN COUNCIL Section 12-158(5) states “After receiving the recommendation of the Planning Commission, the Town Council shall hold one or more public hearings, and any time after the close of the public hearing, take action to approve, approve with modifications or deny the proposed amendment based on the approval criteria of subsection (6) of this section. A simple majority vote of Town Council members present and voting shall be required to approve the amendment. Zoning map amendments shall not be approved with conditions. Prior to action on a proposed code text amendment, the Town Council may, in exercise of its legislative discretion, invoke the “pending ordinance doctrine” by ordinance so that no building permits shall be issued for structures which would affected by the proposed amendments until the Town Council has rendered its decision on the proposed amendment.”

APPROVAL CRITERIAANDAPPLICANT’S RESPONSE Pursuant to §12-158(6) of the Land Use Planning and Zoning of the Town of Kiawah Island South Carolina (Zoning Ordinance), Text and zoning map amendments to the ordinance may be approved ifthe following approval criteria have been met: A. The proposed amendment is consistent with the purposes and intent of the Town of Kiawah Island Comprehensive Plan; Applicant’s Response: “The proposed revisions to the setback standards willprovide flexibilityfor building placement on the site while maintaining a balance of scale and massing within the existing area. The RST-2 district is presently limited to that area on Kiawah Island which forms the core of West Beach and is a Resort category, as described in the 2015 Comprehensive Plan, which is intended ‘...to promote the development of high quality recreational use structures that provide a range of activities for residents and guests...’ The proposed text amendments willallow for building designs that are compatible with surrounding development.”

B. The proposed amendment is consistent with the purposes and intent of this article; Applicant’s Response: “The proposed amendment is consistent with the purposes as described in Sec. 12-20. Authority and Purpose withparticular attention to the followingselect initiatives: (1) Implementing the vision and goals of the Comprehensive Plan of a ‘.. .RESIDENTIAL COMMUNITYINCORPORATINGA WORLDCLASS RESORT...’ (5) Implementing land use policies that willpreserve the natural character of the Town of Kiawah Island by responsibly regulating the use of buildings (7) Promoting desirable living” C. The purpose of the proposed amendment is to further the general health, safety and welfare of the Town of Kiawah Island; Applicant’s Response: “The proposed text amendments willallow for building and site design that is more flexible to provide an environment that is consistent with contemporary standards of better living withina natural setting.”

D. The proposed amendment corrects an error or inconsistency or meets the challenge of a changed condition. Applicant’s Response: “The proposed amendment does not correct an error or inconsistently; however, it does provide greater flexibilityto plan and design to contemporary resort guest services in the competitive world market. The program requirements for resort settings of today are far more demanding that those of the original Kiawah Island Inn. The proposed text amendments willallow for siting and design of buildings that are more intimate in scale with the environment.” JUNE 7, 2017 PLANNINGCOMMISSIONMEETING Notifications: Notification letters were sent to owners of property located within 300 feet of the boundaries of the subject parcel and individuals on the Kiawah/Seabrook Community Interest Group on May 22, 2017. A sign was also posted on the property on May 22, 2017. Additionally,this request was also noticed in the Post &Courier on May 21, 2017.

Page 2 of2 Sec. 12-70. - RST-2, Resort District.

(a) Purpose and intent. The purpose of the RST-2 zoning district is to provide for development of high quality resorts and associated uses providing a wide range of activities for guests of Kiawah Island. (b) District regulations. The following apply to the RST-2 zoning district: (1) The density of guestrooms shall be limited to nine rooms per acre; (2) Hotels and inns shall provide the following resort facilities: a. Ten square feet of swimming pool and contiguous pool deck area per guestroom; b. Ten square feet of dining/lounge area per guestroom; c. One seat of meeting room capacity per guestroom; d. Shuttles to transport guests to Kiawah Island golf courses, tennis centers, and other amenities; e. Exercise facilities;

f. Direct beach access;

g. One tennis court per 50 rooms, which may be waived for hotels located within 1,000 feet of existing courts that may be used by hotel guests; (3) Lot standards (setbacks, lot coverage, etc.) are listed in table 2J in this subsection; Notation: Accessory uses include pools, changing rooms, rest rooms, gazebos, shade structures, food and beverage services, poolside-beachside retail sales, meeting facilities, fitness and other similar uses related to hotel guest services. (4) Authorized uses are listed in table 3A in section 12-102(c);

(5) Parking standards are given in section 12-128.

Page 1 ______

Table 2i. Lot Standards for the RST-2, Resort Zoning District

Maximum number of guestrooms (per acre) 9(10)

Minimum area (square feet) 20,000

Minimum lot depth (feet) 120

Minimum width (feet) 150

Maximum floor area ratio 0.2

Maximum lot coverage 70 percent

- Maximumheight6)

Stories 4 3 2 1 0(7)

Feet 55 55 45 35 10

Minimum setbacks (feet)

Front 50 50)8) 50s 50(8) 25

(4) Side 50 40c) 30(8) 25 25

Rear (5) 9Oceanfront( 120 120 60 40 20 50 40 25 25 20 )Lagoon - Wooded rSmall nonresidential lots may be permitted by the Town Council as part of a planned development.

(2) Buildings shall not exceed the permitted number of stories or height.

(3) Canopies connected to the main building shall be set back a minimum of 20 feet from any property line.

Page 2 14)No interior side yard will be required on contiguous lots. 5Accessory structures shall be located a minimum of 20 feet from rear property lines. (6) Height in the RST-2zoning district applies to hotels and associated activities, such as a conference or convention center, meeting rooms, shops or restaurants associated with a hotel.

( 7) Grade level structures such as pools, decking, parking and other site improvements that minimize vertical massing

( 8) Building setback may be reduced to 25’ for structures adjacent to local or minor streets. Section 12.64(2) (formerly Section 12A-204)” Setbacks on corner and double frontage lots” does not apply where one of the two streets is a minor (or local) street.

9) Hotel rooms and meeting rooms shall not be closer to rear oceanfront property line than 120’ regardless of height.

(10) With respect to a Parcel under a Development Agreement comprised of more than one tax map parcel, the Maximum Number of Rooms Per Acre shall not he determined based upon individual tax map basis, but instead on the total acreage of the entire Parcel under the Development Agreement.

(Code 1993, § 12A-210; Ord. No. 2005-08, § 12A-210, 10-12-2005)

Page 3 TABLE 3A AUTHORIZED USES IN ZONING DISTRICTS

USE CATEGORY PRINCIPAL USES ZONING DISTRICTS R1 R-2 R-3 C RST-I RST-2 Cs PR PD KC CondiUonal Use ReIrence , OFFICES Sales and Services P P P C Administrative or Business Office, including P Bookkeeping Services, Couriers, Insurance Offices, Personnet Offices, Real Estate Services, Secretariat Services or Travel Arrangement or Ticketing Services Government Offices P C C 12 Legal and other Professional Services, including P Accounting, Tax Preparation, Architectural, or Engineering OThER NONRESIDENTIAL DEVELOPMENT 13 Communications Towers C C C 14 Convention Cesiter,Visitors Bureaus or Conference Center C P C REPAIR AND MAINTENANCE SERVICES 15 Repair Service, Consumer, including Appliance, Shoe, C Watch, Furniture, Jewelry, or Musical Instrument Repair Shops — — 15 Vehicle Service, Limited, including Automotive Oil C C Change or Lubrication Shops, or Car Washes (enclosed area only)

ZONING ORDINANCE TOWN OF KIAWAI-! ISLAND 111-6 TOWN OF KIAWAHISLAND

ORDINANCE 2017- 15

TO AMEND THE TOWN OF KIAWAH ISLAND COMPREHENSIVE PLAN MAP IX.2, FUTURE LAND USE; TO CHANGE THE FUTURE LAND USE DESIGNATION FOR THE SUBJECT PROPERTY (207- 06-00-407; AND 402) FROM “ACTIVE RECREATIONAND OPEN SPACE” TO “RESORT”

WHEREAS, the Town of Kiawah Island now finds that it is in the public interest to amend the Comprehensive Land Map accordingly, and;

WHEREAS, this Comprehensive Land Map amendment is compatible with surrounding land uses and is not detrimental to the public health, safety and welfare; and

WHEREAS, the Planning Commission held a meeting on June 7, 2017 at which time a presentation was made by staff and the applicant, and an opportunity was given for the public to comment on the proposed amendment; and

WHEREAS, the Planning Commission, after consideration of the staff report, subsequently voted at that meeting to recommend to Town Council that the subject request be approved; and

WHEREAS, Town Council held a Public Hearing on June 22, 2017 and on July 11, 2017, providing the public an opportunity to comment on the proposed amendments; and

Now, THEREFORE, BE IT ORDERED AND ORDAINED by the Council of the Town of Kiawah, South Carolina and it is ordained by the authority of said Council.

SECTION 1 Purpose

To amend the Town of Kiawah Island Comprehensive Plan Map lV.2, Future Land Use; to change the future land use designation for the subject property (207-06-00-407; and 402) from Active Recreation and Open Space to Resort.

SECTION 2 Ordinance

Attached Exhibit “A” hereto is incorporated herein as if set forth verbatim.

SECTION 3 Severability

If any part of this Ordinance is held to be unconstitutional, it shall be construed to have been the legislative intent to pass said Ordinance without such unconstitutional provision, and the of said Ordinance shall be deemed to be valid as if such portion had not been included, Ifsaid Ordinance, or any provisions thereof, is held to be inapplicable to any person, group of persons, property, kind of property, circumstances or set of circumstances, such

[ij Ordinance 2017-15 holding shall not affect the applicability thereof to any other persons, property or circumstances.

SECTION4 Effective Date

This Ordinance shall be effective upon its second reading approval.

DONE AND RATIFIED THIS 11TH DAY OF JULY, 2017

Craig Weaver, Mayor

ATTEST:

Petra Reynolds, Town Clerk

Approved as to Form:

Dwayne M. Green, Town Attorney

June 22, 2017 1st Reading

July ii, 2017 2nd Reading

[2] Ordinance 2017-15 Exhibit “A” Town of Kiawah Island Comprehensive Plan Amendment Request Case ACP-05-1 7-001 08 History

Planning Commission Meeting: June 7, 2017 Public Hearing and First Reading: June 22, 2017 Second Reading: July 7, 2017

CASE INFORMATION

Applicant: Kiawah Island Inn Company and Kiawah Tennis Club

Representative: Mark Permar

Location: Sparrow Road and Shipwatch Road

Parcel Identification:207-06-00-407 and 207-06-00-402

Property Size: 10.9 acres total

Application: The applicant is requesting to amend the Town of Kiawah Island Comprehensive Plan Map lX.2, Future Land Use, to change the future land use designation for the subject properties from “Active Recreation and Open Space” to Resort.”

The Comprehensive Plan defines Active Recreation and Open Space Future Land Use Category as “This category provides and is intended to promote the development of community parks and recreational facilities including parks, golf courses, and tennis courts. This category also provides for lands that are intended to remain in their natural state; this includes land that have been protected through conservation or that are publicly or privately owned. Some examples include the Tennis Center, Night Heron Park, and the Property Owners Beach and Recreation Center.”

The Comprehensive Plan defines Resort Future Land Use Category as “Thiscategory is intended to promote the development of high quality recreational use structures that provide a range of activities for residents and guests of Kiawah Island. A typical development with a Resort designation would include The Sanctuary Hotel.”

Adjacent Properties: The Comprehensive Plan designates the subject properties as Active Recreation and Open Space. Future Land Use for the adjacent property to the south of parcel 207-06-00-407 is also designated “Active Recreation and Open Space”. The adjacent property to the north is designated “Resort” and its east and west extents northern adjacent properties are designated “High Density Residential”.

Across Shipwatch Road to the south of parcel 207-06-00-402, Future Land Use for the properties is designated “Resort” and “High Density Residential”. Adjacent to the east and north the designation is also “High Density Residential”.

RECOMMENDATIONBYTHE PLANNINGCOMMISSION Section 12-158(3) ofthe Zoning Ordinance states “The Planning Commission shall review the proposed text amendment and/or zoning map amendment and take action, recommending that the Town Council approve or deny the proposed amendment. The Planning Commission may hold a public hearing in accordance with the procedures in section 12-156. The Planning Commission’s recommendation shall be based on the approval criteria of subsection (6) of this section. The Planning Commission shall submit its recommendation to the Town Council within 30 working days of the Planning Commission meeting at which the amendment was introduced. A simple majority vote of the Planning Commission members present and voting shall be Page 1 of 2 required to approve the amendment.”

DECISION ON AMENDMENTBYTHE TOWN COUNCIL Section 12-157(6) states After receiving the recommendation of the Planning Commission, the Town Council shall hold one or more public hearings, and anytime after the close of the public hearing, take action to approve, approve with modifications or deny the proposed amendment based on the approval criteria of subsection (7) of this section. A simple majority vote of Town Council members present and voting shall be required to approve the amendment. Zoning map amendments shall not be approved with conditions. Prior to action on a proposed code text amendment, the Town Council may, in exercise of its legislative discretion, invoke the “pending ordinance doctrine” by ordinance so that no building permits shall be issued for structures which would affected by the proposed amendments until the Town Council has rendered its decision on the proposed amendment.”

APPROVAL CRITERIAAND APPLICANT’S RESPONSE Pursuant to §12-157(7) of the Land Use Planning and Zoning of the Town of Kiawah Island South Carolina (Zoning Ordinance), “Comprehensive Plan amendments may be approved by the Town Council only ifthey determine that the proposed amendment is consistent with the overall purpose and intent of the comprehensive plan. Any amendment to the land use diagram and/or other maps shall be consistent with the vision and goals in the text of the comprehensive plan.”

The applicant’s letter of intent states the following in response: “The proposed map amendment for the Resort land use category willallow for a more comprehensive plan organization for the resort in West Beach resulting in a more sensitive site organization of appropriately scaled buildings. The amendment willmaintain the core resort area while allowing for more integrated open space with buildingplacement.”

JUNE 7, 2017 PLANNINGCOMMISSIONMEETING Notifications: Notification letters were sent to owners of property located within 300 feet of the boundaries of the subject parcel and individuals on the Kiawah/Seabrook Community Interest Group on May 22, 2017. A sign was also posted on the subject properties on May 22, 2017. Additionally,this request was also noticed in the Post & Courier on May 21, 2017.

Page 2 of2 / /‘-- \-

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2017-16 !Attachment A”

Town of Kiawah Island Zoning District Map Amendment Request Case ZREZ-05-17-00057 History

Planning Commission Meeting: June 7, 2017 Public Hearing and First Reading: June 22, 2017 Second Reading: July 7, 2017

CASE INFORMATION

Applicant: Kiawah Island Inn Company and Kiawah Tennis Club

Representative: Mark Permar

Location: Sparrow Road and Shipwatch Road

Parcel Identification: 207-06-00-407 and 207-06-00-402

Property Size: 10.9 acres total

Application: The applicant is requesting to amend the zoning district map for the subject properties from the Parks and Recreation (PR) Zoning District to the RST-2, Resort Zoning District.

Zoning and Land Use Information: The subject properties fall within the Parks and Recreation (PR) Zoning District and fall under the Resort Overlay District. Parcel 207-06-00-407 is currently undeveloped; however multiple boardwalks traverse the property for access to the beach. The adjacent property to the north of this subject property (207-06-00-407) is zoned “RST-2, Resort”; and the properties north of the subject property’s east and west extents are zoned “R-3 Residential” (Shipwatch Villas and Beach Townhomes).

Parcel 207-06-00-402 is the site of the West Beach Tennis Center; including an amenity building, tennis courts and community pool. The adjacent properties to the north and east of the subject property are zoned ‘R-3 Residential”. Properties across Shipwatch Road, south of the subject property are zoned “Commercial” (Straw Market), “RST-2 Resort” and “R-3 Residential” (Shipwatch Villas).Across Kiawah Beach Drive due west, properties are zoned “RST-2 Resort” and “Parks and Recreation” (Cougar Point Golf Course)

RECOMMENDATIONBYTHE PLANNINGCOMMISSION Section 12-158(3) of the Zoning Ordinance states “The Planning Commission shall review the proposed text amendment and/or zoning map amendment and take action, recommending that the Town Council approve or deny the proposed amendment. The Planning Commission may hold a public hearing in accordance with the procedures in section 12-156. The Planning Commission’s recommendation shall be based on the approval criteria of subsection (6) of this section. The Planning Commission shall submit its recommendation to the Town Council within 30 working days of the Planning Commission meeting at which the amendment was introduced. A simple majority vote of the Planning Commission members present and voting shall be required to approve the amendment.”

DECISIONON AMENDMENTBYTHE TOWNCOUNCIL Section 12-157(5) states After receiving the recommendation of the Planning Commission, the Town Council shall hold one or more public hearings, and any time after the close of the public hearing, take action to approve, approve with modifications or deny the proposed amendment based on the approval criteria of subsection (6) of this section. A simple majority vote of Town Council members present and voting shall be required to approve the amendment. Zoning map amendments shall not be approved with conditions. Prior to action on a proposed code text amendment, the Town Council may, in exercise of its legislative discretion, Page 1of2 invoke the “pending ordinance doctrine’ by ordinance so that no building permits shall be issued for structures which would affected by the proposed amendments until the Town Council has rendered its decision on the proposed amendment.”

APPROVAL CRITERIAAND APPLICANT’S RESPONSE Pursuant to §12-158(6) of the Land Use Planning and Zoning of the Town of Kiawah Island South Carolina (Zoning Ordinance), Text and zoning map amendments to the ordinance may be approved ifthe following approval criteria have been met:

A. The proposed amendment is consistent with the purposes and intent of the Town of Kiawah Island Comprehensive Plan; Applicant’s Response: “The proposed zoning district amendment willprovide flexibilityfor building placement on the site while maintaining a balance of scale and massing withinthe existing area. The RST-2 district limited to that area on Kiawah Island which forms the core of West Beach and is a Resort category, as described in the 2015 Comprehensive Plan, which is intended ‘...to promote the development of high quality recreational use structures that provide a range of activities for residents and guests...’ the proposed map amendment willallow for building designs that are compatible with surrounding development and willresult in more integrated open space.”

B. The proposed amendment is consistent with the purposes and intent of this article; Applicant’s Response: “The proposed zoning district amendment willprovide flexibilityfor building placement on the site while maintaining a balance of scale and massing within the existing area. The RST-2 district limited to that area on Kiawah Island which forms the core of West Beach and is a Resort category, as described in the 2015 Comprehensive Plan, which is intended ‘...to promote the development of high quality recreational use structures that provide a range of activities for residents and guests...’ the proposed map amendment willallow for building designs that are compatible with surrounding development and willresult in more integrated open space.”

C. The purpose of the proposed amendment is to further the general health, safety and welfare of the Town of Kiawah Island; Applicant’s Response: “Theproposed map amendment willallow for building and site design that is more flexible to provide an environment that is consistent with contemporary standards of better living withina natural setting.”

D. The proposed amendment corrects an error or inconsistency or meets the challenge of a changed condition. Applicant’s Response: “The proposed amendment does not correct an error or inconsistency; however, it does provide greater flexibilityto plan and design to contemporary resort guest sen/ices in the competitive world market. The program requirements for resort settings of today are far more demanding than those of the original Kiawah Island Inn. The proposed map amendment willallow for siting and design of buildings that are more intimate in scale with the environment.”

JUNE 7, 2017 PLANNINGCOMMISSIONMEETING Notifications: Notification letters were sent to owners of property located within 300 feet of the boundaries of the subject parcel and individuals on the Kiawah/Seabrook Community Interest Group on May 22, 2017. A sign was also posted on the subject properties on May 22, 2017. Additionally,this request was also noticed in the Post &Courier on May 21, 2017.

Page 2 of 2 ____

Case # ACP-05-17-00108 & ZREZ-05-1 7-00057 Town of Kiawah Island TMS # 207-06-00-407; -402

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Town of Kiawah Island Comprehensive Plan Amendment Request Case ACP-05-17-00109 History

Planning Commission Meeting: June 7, 2017 Public Hearing and First Reading: June 22, 2017 Second Reading: July 7, 2017

CASE INFORMATION

Applicant: Kiawah Island Inn Company and Marsh Point Golf Company

Representative: Mark Permar

Location: Kiawah Beach Drive

Parcel Identification: 207-06-00-405; 207-06-00-404 and 207-06-00-013

Property Size: 5.01 acres total

Application: The applicant is requesting to amend the Town of Kiawah Island Comprehensive Plan Map IX.2, Future Land Use, to change the future land use designation for the subject properties from “Resort”to “Active Recreation and Open Space”.

The Comprehensive Plan defines Resort Future Land Use Category as ‘This category is intended to promote the development of high quality recreational use structures that provide a range of activities for residents and guests of Kiawah Island. A typical development with a Resort designation would include The Sanctuary Hotel.”

The Comprehensive Plan defines Active Recreation and Open Space Future Land Use Category as “This category provides and is intended to promote the development of community parks and recreational facilities including parks, golf courses, and tennis courts. This category also provides for lands that are intended to remain in their natural state; this includes land that have been protected through conservation easements or that are publicly or privately owned. Some examples include the Tennis Center, Night Heron Park, and the Property Owners Beach and Recreation Center.”

Adjacent Properties: The Future Land Use for the adjacent property to the north of parcels 207-06-00-405 and -404 is designated “Active Recreation and Open Space”. Across Kiawah Beach Drive to the south of parcels 207-06-00-405 and -404, the Future Land Use designation for the properties are “Resort” (Sparrow Road) and “Medium Density Residential” (Duneside Road).

The adjacent property to the south of the subject property (parcel 207-06-00-013) is designated “Active Recreation and Open Space”. Across Kiawah Beach Drive to the north, the Future Land Use designation for these properties are “Medium Density” (Flying Squirrel Court & Pine Sisken Court).

RECOMMENDATIONBY THE PLANNING COMMISSION Section 12-158(3) of the Zoning Ordinance states “The Planning Commission shall review the proposed text amendment and/or zoning map amendment and take action, recommending that the Town Council approve or deny the proposed amendment. The Planning Commission may hold a public hearing in accordance with the procedures in section 12-156. The Planning Commission’s recommendation shall be based on the approval criteria of subsection (6) of this section. The Planning Commission shall submit its recommendation to the Town Council within 30 working days of the Planning Commission meeting at which the amendment was introduced. A simple majority vote of the Planning Commission members present and voting shall be Page 1 of2 required to approve the amendment.”

DECISION ON AMENDMENTBY THE TOWN COUNCIL Section 12-157(6) states “After receiving the recommendation of the Planning Commission, the Town Council shall hold one or more public hearings, and any time after the close of the public hearing, take action to approve, approve with modifications or deny the proposed amendment based on the approval criteria of subsection (7) of this section. A simple majority vote of Town Council members present and voting shall be required to approve the amendment. Zoning map amendments shall not be approved with conditions. Prior to action on a proposed code text amendment, the Town Council may, in exercise of its legislative discretion, invoke the “pending ordinance doctrine” by ordinance so that no building permits shall be issued for structures which would affected by the proposed amendments until the Town Council has rendered its decision on the proposed amendment.”

APPROVAL CRITERIAANDAPPLICANT’S RESPONSE Pursuant to §12-157(7) of the Land Use Planning and Zoning of the Town of Kiawah Island South Carolina (Zoning Ordinance), “Comprehensive Plan amendments may be approved by the Town Council only ifthey determine that the proposed amendment is consistent with the overall purpose and intent of the comprehensive plan. Any amendment to the land use diagram and/or other maps shall be consistent with the vision and goals in the text of the comprehensive plan.”

The applicant’s letter of intent states the following in response: “The proposed map amendment for the Active Recreation and Open Space land use category willallow for a more comprehensive plan organization for the resort in West Beach resulting in a more sensitive site organization of golf course clubhouse and related recreation buildings. The amendment willprovide for uses compatible with the adjacent resort core area while allowing for more integrated active golf play areas and open space.”

JUNE 7, 2017 PLANNINGCOMMISSION MEETING Notifications: Notification letters were sent to owners of property located within 300 feet of the boundaries of the subject parcel and individuals on the Kiawah/Seabrook Community Interest Group on May 22, 2017. A sign was also posted on the subject properties on May 22, 2017. Additionally,this request was also noticed in the Post &Courier on May 21, 2017.

Page 2 of 2 ‘F

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-

Subject Properties

ry I — Legend Future Land Use Map Categories ACTIVE RECAND OPEN SPACE CIVIC AND INSTITUTIONAL COMMERCIAL

, CONSERVATION HIGH DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL I MEDIUM DENSITY RESIDENTIAL MIXED USE Town of Kiawah Island - Future Land Use RES ORT RI GHT-OF-WAY TOWN OF KIAWAH ISLAND

ORDINANCE 2017-18

To AMEND THE TEXT OF CHAPTER 12, LAND USE PLANNING AND ZONING OF THE TOWN OF KIAWAH ISLAND,

SOUTH CAROLINA ZONING ORDINANCE, BY AMENDING ARTICLE II, DIVISION 2, ZONING MAP/DISTRICTS BY REZONING THE PROPERTIES LOCATED AT KIAWAH BEACH DRIVE (207-06-00-404; AND -405 AND -013) FROM THE RST-2 RESORT ZONING DISTRICT TO THE PARKS AND RECREATION (PR) ZONING DISTRICT (5.10 ACRES). AUTHORIZED USES IN ZONING DISTRICTS, OF THE ZONING ORDINANCE OF THE TOWN OF KIAWAH ISLAND, SOUTH CAROLINA; AND PROVIDING FOR SEVERABILITYAND AN EFFECTIVEDATE.

WHEREAS,the Town of Kiawah Island now finds that, upon further review, it is in the public interest to rezone the properties located at Kiawah Beach Drive (207-06-00-404; and - 405 and -013) from the RST-2Resort Zoning District to the Parks and Recreation (PR) zoning district; and by amending the zoning map with its permitted uses by right and by condition; and

WHEREAS, the zoning map amendment would be compatible with surrounding land uses and would not be detrimental to the public health, safety and welfare; and

WHEREAS, the Planning Commission held a meeting on June 7, 2017, at which time a presentation was made by staff and the applicant, and an opportunity was given for the public to comment on the text amendment request; and

WHEREAS, the Planning Commission, after consideration of the staff report, subsequently voted at that meeting to recommend to Town Council that the subject request be approved; and

WHEREAS, Town Council held a Public Hearing on June 22, 2017 and on July 11, 2017, providing the public an opportunity to comment on the proposed amendments; and

Now, THEREFORE, BE IT ORDERED AND ORDAINED by the Mayor and Members of Council of the Town of Kiawah, South Carolina and in Council assembled:

SECTION 1 Amendment

That the Town of Kiawah Island Zoning Ordinance, be, and the same hereby amended as follows in Attachment A.

SECTION 2 Severability

If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

[i] Ordinance 2017-18 SECTION 3 Effective Date

This Ordinance shall be effective upon its adoption by the Town Council of the Town of Kiawah Island, South Carolina.

DONE AND RATIFIED THIS 11TH DAY OF JULY, 2017

Craig Weaver, Mayor

ATTEST:

Petra Reynolds, Town Clerk

Approved as to Form:

Dwayne M. Green, Town Attorney

June 22, 2017 1st Reading

July ii, 2017 2nd Reading

[2] Ordinance 2017-18 “Attcjchment A”

Town of Kiawah Island Zoning District Map Amendment Request Case ZREZ-05-17-00058 History

Planning Commission Meeting: June 7, 2017 Public Hearing and First Reading: June 22, 2017 Second Reading: July 7, 2017

CASE INFORMATION

Applicant: Kiawah Island Inn Company and Marsh Point Golf Company

Representative: Mark Permar

Location: Kiawah Beach Drive

Parcel Identification: 207-06-00-405; 207-06-00-404 and 207-06-00-013

Property Size: 5.01 acres total

Application: The applicant is requesting to amend the zoning district map for the subject properties from the RST-2, Resort Zoning DistrictZoning Districtto the Parks and Recreation (PR).

Zoning and Land Use Information: The West Beach Area is primarilyzoned resort with medium to high residential communities; and historically contains resort and parks and recreation and residential uses including the Cougar Point Golf Course.

The subject properties fall within the “RST-2 Resort” Zoning District where nearby properties are similarly zoned. The Cougar Point Golf Course (PR Zoning District)sits adjacent to the north of the subject properties (-405; -404). Properties to the south, across Kiawah Beach Drive also fall into the “RST-2 Resort” Zoning District (Former Kiawah Inn).

Across Kiawah Beach Drive to the north of the subject property (parcel 207-06-00-013) are residential communities (FlyingSquirrel Ct. and Pine Sisken Ct.) which fallwithinthe R-2-O Residential Overlay District. This parcel currently contains an open maintenance shed and metal building to serve the Resort. Parcel 207-06-00-405 houses a portion of the resort offices adjacent to the Cougar Point Clubhouse and parcel 207-06-00-404 currently contains a parking lot. To the south, across Kiawah Beach Drive properties are also zoned RST-2 Resort.

RECOMMENDATIONBYTHE PLANNINGCOMMISSION Section 12-158(3) of the Zoning Ordinance states “The Planning Commission shall review the proposed text amendment and/or zoning map amendment and take action, recommending that the Town Council approve or deny the proposed amendment. The Planning Commission may hold a public hearing in accordance with the procedures in section 12-156. The Planning Commission’s recommendation shall be based on the approval criteria of subsection (6) of this section. The Planning Commission shall submit its recommendation to the Town Council within 30 working days of the Planning Commission meeting at which the amendment was introduced. A simple majority vote of the Planning Commission members present and voting shall be required to approve the amendment.”

DECISIONON AMENDMENTBYTHE TOWNCOUNCIL Section 12-157(5) states “After receiving the recommendation of the Planning Commission, the Town Council shall hold one or more public hearings, and anytime after the close of the public hearing, take action to approve, approve with modifications or deny the proposed amendment based on the approval criteria of subsection (6) of this section. A simple majority vote of Town Council members present and voting shall be Page 1 of2 required to approve the amendment. Zoning map amendments shall not be approved with conditions. Prior to action on a proposed code text amendment, the Town Council may, in exercise of its legislative discretion, invoke the “pending ordinance doctrine” by ordinance so that no building permits shall be issued for structures which would affected by the proposed amendments until the Town Council has rendered its decision on the proposed amendment.”

APPROVAL CRITERIAANDAPPLICANT’S RESPONSE Pursuant to §12-158(6) of the Land Use Planning and Zoning of the Town of Kiawah Island South Carolina (Zoning Ordinance), Text and zoning map amendments to the ordinance may be approved ifthe following approval criteria have been met:

A. The proposed amendment is consistent with the purposes and intent of the Town of Kiawah Island Comprehensive Plan; Applicant’s Response: “The proposed zoning district amendment willprovide flexibilityfor building placement on the site while maintaining a balance of scale and massing withinthe existing area. The RST-2 district limited to that area on Kiawah Island which forms the core of West Beach and is a Resort category, as described in the 2015 Comprehensive Plan, which is intended ‘...to promote the development of high quality recreational use structures that provide a range of activities for residents and guests...’ the proposed map amendment willallow for building designs that are compatible with surrounding development and willresult in more integrated open space.”

B. The proposed amendment is consistent with the purposes and intent of this article; Applicant’s Response: “The proposed amendment is consistent with the purposes as described in Sec. 12-20. Authority and Purpose with particular attention to the followingselect initiatives: (1) Implementing the vision and goals of the Comprehensive Plan of a ‘...RESIDENTIAL COMMUNITYINCORPORATING A WORLDCLASS RESORT...’ (5) Implementing land use policies that willpreserve the natural character of the Town of Kiawah Island by responsibly regulating the use of buildings (7) Promoting desirable living”

C. The purpose of the proposed amendment is to further the general health, safety and welfare of the Town of Kiawah Island; Applicant’s Response: “The proposed map amendment willallow for building and site design that is more flexible to provide an environment that is consistent with contemporary standards of better living withina natural setting.”

D. The proposed amendment corrects an error or inconsistency or meets the challenge of a changed condition. Applicant’s Response: “The proposed amendment does not correct an error or inconsistency; however, it does provide greater flexibilityto plan and design to contemporary resort guest services in the competitive world market. The program requirements for resort settings of today are far more demanding than those of the original Kiawah Island Inn. The proposed map amendment willallow for siting and design of buildings that are more intimate in scale with the environment.”

JUNE 7, 2017 PLANNINGCOMMISSIONMEETING Notifications: Notification letters were sent to owners of property located within 300 feet of the boundaries of the subject parcel and individuals on the Kiawah!Seabrook Community Interest Group on May 22, 2017. A sign was also posted on the subject properties on May 22, 2017. Additionally,this request was also noticed in the Post &Courier on May21, 2017.

Page 2 of2 ‘---2 Case # ZREZ-O5-17OOO58 Town of Kiawah Island TMS # 207-06-OO-404• -405; & -013

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the

by

The

Office

.253

on

A

revision recorded

June

Kiawah

situate, at

R.M.C.

situate,

metes,

known

Resort

as

Town

Island,

3.670

butts,

South

a

acres,

Page

and

plat will

for

by

by 9,

revision entitled All

Of

designated Parcel

Tax will

lying

23,

Ac.

South Charleston designated

All Parcel

lying Tax

distances

for

revision

In

part All

being

Plat

Parcel

Tax

bounds,

Acre

R.M.C. on

having

Parcel All

lying

The

Kiawah

that

that Charleston

Kiawah

1989,

that

that

Map

by

Map

Of

Tract

of

Map

and

and Tract

Carolina,

and

in

2F

Town

2E “D-l”,

reference

2D

“A

“The

A

certain

latest

certain

date

certain

Office

date

certain

metes,

the

Parcel

as

Parcel

and

5.353

Parcel

being

being

(West

being

(West

Plat

County,

as

as

Owned

(West

Subdivided

Island,

will

Island

Town

of

Kiawah

of

revision

of

“1.912

“Club

on

recorded

County,

piece,

piece,

Of

for

courses

February piece,

said

Acre

No.

February

piece,

No.

Kiawah

in

in

No.

on

by

to

a

Beach

Beach

Beach

A

plat

the

Charleston

the

Charleston

Charleston

South

By of

said

reference Kiawab

207-06-00-404

property

207-06-00-407

Conference

207-06-00-3

1

Ac.”

Tract

parcel,

parcel,

Inn”

.701

dated

parcel

Kiawah

Town parcel,

prepared

Town

S.C.,

From

in

Kiawah

and

plat

Village

Village

Island

Village

9,

Carolina,” 6,

Plat

on

Acre

and

And

distances

1989,

September

Island,

1989,

or

or

more

or said

having

of Parcel

a

to

of

or

County,

Book

Island, County,

tract

County,

shown tract

tract Charleston,

plat

A

Tract

said

by

Cub

Kiawah

Resort

Kiawah

Support

Facility

Dunefield)

tract

property

99

and

6.932

fully

and

Williams

by Charleston

of

of

of

“D”

dated

BV

such

plat

Conference)

as

Owned

recorded

of

Charleston

as

recorded

land

land,

Southeastern

land

South

1,

appear.

South

South

Acre

Associates will

at

Within

Island,

more “Parcel

Island,

land

1.70

location,

Buildings) 1981,

having

January

South

Page

with

with

with

by

&

By

Tract

Carolina,

1

with

Carolina

Carolina,”

fully

County,

in

Associates

Ac.”

reference

in

and

the The

Charleston

the

Charleston

041,

Kiawab

the

E”

such

Carolina”

County,

Plat

Plat

12,

butts,

Owned

the

buildings

appear.

Located buildings

recorded

Surveying.

containing

buildings

Original

on

in

1989,

Book

location,

Book

improvements said

South

Owned

the

a

Resort

bounds,

to

dated

plat

South

entitled

By

dated

County,

having

County, said

RMC property

BV

BV

In

in

Resort

and

and

Carolina,

Kiawah

and

by

butts,

5.353

Inc., by

Associates

January

Plat

at

The

plat

at

Carolina,

metes,

June

improvements

improvements

Office

Southeastern

improvements

“Plat

Page

Kiawah

latest

Page

Book

South

entitled Complex

South

more

having

Town bounds,

acres

thereon,

Resort

9,

shown

courses

042,

of:

39

11,

revision

for

1988,

AT

fully

known

Located

Carolina,

Carolina,

Island Parcel

on

in

such

Of

“A

1989, Charleston

Associates

in

metes,

at

Boundary

the

a

and

situate,

and

the

Surveying,

appear.

and

Plat

thereon,

thereon,

Kiawah

Page

plat

thereon,

date

location,

R.M.C.

generally

Co. D-l’,

having

designated

In

RMC

having

distances

courses

Of

shown

entitled

shown

The

of

169,

lying

Limited”,

A

County,

January

Located

A

Located

situate,

situate,

Island,

Office situate,

Office

Town

latest

1.9

in

butts,

latest

1.187

Inc.,

and

as

and

and

and

“A

the

12

as

as a

Parcels

Tax

will

20,

Acre

designated

South All

Charleston

Tax

lying Parcel

distances

County,

Ac.

Charleston designated

February

All

Parcel

lying Tax

courses

Charleston

date Acre

Of

designated

All

lying Parcel

Tax

for

courses

that

Kiawah

1989,

that

Map

that

by

Charleston

Map

Map

Tract

Map

of

Tract

and

Tract

and

Carolina,

and

2!

reference

211

certain

3A

2G

certain

and

February

certain

and

South

Parcel

Parcel

as

3,

and

Parcel

(West

being

Parcel

being

being

County,

as

(West

as

Owned

and

(West

Island,

as

And

County,

County,

Owned

will

1989,

distances

distances

“0.7

recorded

“5.483

“Parcel

piece,

piece,

Carolina,

County,

piece,

said

No.

3B

No.

in

No.

A

by

Beach

in

to No.

in

Beach

14 6,

and Beach

Charleston

the

0.967

South

the

said

(Cougar

By

the

reference

207-06-00-403

By

property

207-06-00-402

207-06-00-406

South South

Ac.”

1989,

207-06-00-405

Ac.”

parcel,

parcel,

parcel,

as

as

F”

recorded

Town

Town

in

Town

Village Kiawah

plat

South

Kiawah

will

Village

will

Acre Village

said

Carolina,”

on

Plat

on

on

and

Carolina,

Carolina,”

more

or

or

a

Point

or

having

by

a

to

of

by

a

of

County,

of

property

Book

Carolina,

Tract

plat

tract

plat

plat tract

tract

Tennis recorded

in

said

reference

Kiawah

reference

Resort

Kiawah

Tennis

Kiawah

Resort

Sparrow

fully

Plat

Golf

by

by

by

of

dated

of

BV

such

of

plat Owned

said

South

Southeastern

Southeastern

land

Southeastern

land

dated

Book

land

appear.

having

Parking)

Associates

said

Course

at

Associates

Center)

Island,

more

Island,

in

Island,

location,

to

February

to

property

Page

Pond)

with

with

with

Plat

Carolina,”

said

By

said

property

BV

January

fully

such

Kiawah

the

Charleston

044,

the

and

Charleston

the

Book

Charleston

plat

at

plat

butts,

21,

Page

buildings appear.

having

Surveying.

Surveying,

Located buildings

Surveying.

Located

buildings

location,

Clubhouse)

more

in

more

having

11.

dated

1989,

BV

the

Resort

bounds,

043,

1989,

fully

fully

at

such

RMC

County,

County,

County,

June

having

such

In

In

and

and

butts,

and

Page

in

Inc.,

Inc., Associates

Inc.,

appear.

The

The

appear.

the

metes,

location,

having

improvements

Office

improvements

16,

improvements

location,

040,

latest

bounds,

entitled

South entitled

RMC

entitled

South

South

Town

Town

1988,

courses

for

in

latest

revision

Office butts, Located

Carolina,

Carolina,

having

Carolina,

butts,

the

“A

Charleston

Of

Of “A

“A

metes,

revision

RMC

and

Plat

thereon,

Kiawah

Plat

Plat

thereon,

Kiawah

thereon,

bounds,

for

bounds,

date

latest

In

distances

courses

Of

Of

Of

shown

Charleston

shown

shown

The

Office

of

A

County,

A

A

revision

date

situate,

situate,

Island,

March

situate,

Island,

metes,

0.7

metes,

Town

5.483

3.670

and

and

and

and

for

14

as of

About

All

Charleston

butts, Parcel Tax

in

Davis

distances

County,

Inc..

1989, Located and All

situate, Parcel Tax

bounds,

RMC part, All

1989, having Charleston Parcel

Tax

fully

030,

such

date

Kiawah a

All

Island,

123.653

plat

the

that

that

that

those

Map

designated

Map

Map

“A

of

entitled

and

appear.

location,

bounds,

having

and

RN/IC to

Office

&

by

4B

4A

3C

latest

Charleston

certain

lying

certain February

certain

metes,

Plat

Island,

South

In

Be

Floyd, Acre

Parcel

as

Parcel

Parcel 031,

certain

Southeastern

(Utility recorded

(UtiLity

(Cougar

County,

County,

Utility

will

Combined

Office

Showing

and

revision

latest

“Plat

for

metes,

piece, butts,

in

Tract

piece,

Carolina, piece,

courses

Charleston

as

No.

No.

No.

by

Inc.,

being

Charleston

pieces,

6,

the

“Telephone

Tract

County,

Tract

Tract

revision

Showing

South reference

for

South

in

209-01-00-121

Point

1989,

207-06-00-0

207-00-00-017

bounds,

courses

parcel,

of

parcel,

RMC

parcel,

entitled,

date

Boundary

Plat

With

and

in

Charleston

Surveying,

Land

parcels,

Town

Laundry/Commissary)

said

Telephone

the

Carolina,

Carolina,

and

Golf

of County,

South

distances

Book

Office

date

or

or

Laundry

or County,

Telephone

and

to Town

metes,

October

property

Owned

tract Office recorded

“Plat

tract

tract

Of

Maintenance)

said

Line

of

or

13

distances

Carolina,

BU

for

South

County,

Kiawah

October

of tracts

of

Inc.,

containing

of

shown

of courses

plat

Showing

BuiLding) as

Adjustment

South

&

Building

at 4,

land

Kiawah

By

land

Charleston

land

having

will

in

Commissary

Office

Pages

more 1

entitled

Carolina,”

of

990,

Kiawah

Plat

as

situate,

containing

on

situate,

South

Island,

with

4,

Carolina,

by

land

and

will

a

Parcel

fully

Island,

and

1990,

3.3

such

Tract

reference

Book

160

Building

plat

the

distances

of

“A

situate,

by

14

County,

Carolina,

lying

lying

recorded

Resort

Charleston

A

appear.

and

dated

location,

by

building

and

acres,

reference

Tract

0.587

Plat

#1 BV

Charleston

said

123.653

1.499

Southeastern

and

161,

and

Property

Property to

recorded

lying

at

January

Of

Associates

as

TMS

South

property

more

said

Acres”

Acre Pages

being

said

in

being

and

in

will

Marsh

butts,

Acres,

to

and

County,

Plat

the

plat

209-01-00-122,”

or County,

property

said

Tract.’

Carolina,

improvements

10,

by

of

in

of

in

in

024,

being

on

Book

less,

RMC

bounds, having

more

the

Point

the

Plat

Surveying,

Kiawah

reference

Kiawah

more

1989,

plat

Located

a

025,

S.C.”

Town

plat Town

and

dated

in

CB

Book

South

fully

more

having Office

Golf

or

said having

such the

metes, 026,

by

shown

at

less,

Resort

dated

Resort

of

January

of

In

to

appear.

Town

CB

Carolina,

fully

Page

Davis

property

located

Course

Inc.,

Kiawah

location,

Kiawah

for

dated

such

027,

said

The

latest

and

at

courses

on

February

Associates

Charleston

appear.

Associates

014,

entitled,

Page of

plat

&

Town

26, 028, shown

a

location,

June

thereon,

revision Being

Kiawah

plat

Island,

having

Floyd,

shown

Island,

in

butts,

1990,

more

015,

029,

and

29,

the

by

Of

on

6,

in a

thereon,

and

All

Surveying, Parcel

Tax

fully

such

And

Book Land”

plat

and thereon,

All

Parcel

Tax

and

679,

ASSOCIATES,

COUNTY,

BOUNDARY designated

All

Charleston

Parcel

Tax

butts,

Associates

in

All

Davis

Charleston

1989, Parcel

Tax

the

that

shown

that

that

shown

Map

bounds,

by that

Map

A

location,

appear.

Map

in

Map

CB,

bounds,

dated

having

6B

RMC

&

6A

1.041

Southeastern 5

the

situate,

4C

certain

situate,

certain

certain

certain

Parcel

(East

Parcel

Floyd,

Parcel

(East Parcel

at

(East

Inc., and

and

R.M.C.

SOUTH (Utility

About

County,

as

County,

metes,

February

page

Office

Acre

butts

latest

metes,

PLAT

designated

designated piece,

lying Beach

“Tract

piece,

No.

lying

entitled

piece,

No.

Beach

piece,

No.

L.P.

Beach

No.

Inc.,

013, to

Tract

and

Office

courses

Tract

revision

209-07-00-105

CAROLINA”

for

209-07-00-126 South

209-05-00-098

and

Surveying,

and

209-01-00-122

Be

State

courses

parcel

2,

OF parcel,

LOCATED entitled,

Ocean)

parcel

bounds,

F”

parcel

Village

in

Village

Charleston

“A

Combined

1989,

being

of

being

TRACT

Warehouse)

the

for

as as

Carolina,

on

and

aforesaid,

Town

Plat

or

date

or

“Tract

“East

and

or

Charleston

or

R.M.C.

having

tract

a “Plat

in

in

Tennis

metes,

distances

tract

Town

Of

Inc.,

tract

the

of

tract

plat

the

distances

Center

dated IN

F

Beach of County,

With

An

October

A”,

containing of

Town

Showing

Town

BEING

entitled

latest

courses

Office

of land

prepared

THE

Center)

containing

of

land

Center)

8.479

“Tract

March

as

Warehouse

County,

land,

and

land,

Tennis

of

situate,

of

as

situate,

revision

will

South

TOWN

4,

for

Kiawah

3.054

“A Kiawah

Acre

Conference

will

and

Parcel

together

1990,

2.088

B”,

together

ii,

by

by

Charleston

Combination

S.C.,

Center

distances

3.054

by

lying

Carolina,

reference

lying

Tract

“Tract

1997,

ACRES

Southeastern

dated

Tract

#1

OF

and

Island, reference

acres,

Island,

said

and

&

with

with

and

acres,

KIAWAH

8.479

Owned

recorded

and

Facilities

October

C”,

TMS

Parcel

as

more

property

beiiig

County,

Charleston

said

Charleston

being

OWNED

to

any

recorded

will any

“Tract

Plat

to

said

Ac.”,

more

209-01-00-098,”

By

property

or

said

#2

in

Surveying,

buildings

by

buildings

in

4,

in

of

Into

plat

less,

the

ISLAND,

Kiawah

having

S.C.,

the

Property

Plat

on

reference

D”,

1990,

plat

Parcel

or

BY

in

County,

County,

Town

more

a

Town

a

and

and

Plat

Book

less,

10.507 more

plat having

said

KIAWAI-1

and

such

and

and

‘A’,

Resort

shown

“1

fully

Book

of

Inc.,

of

of

to

by

property CHARLESTON

and

recorded

CB

South

South fully

.041

Kiawah

improvements

Kiawah

Kiawah

improvements

said

location,

dated

Acre

‘B’,

such

Southeastern

appear.

at

entitled

EB,

shown

on

Associates

Ac.”,

appear.

Carolina,

plat

Page

RESORT

Carolina,

‘C’,

Tract

location,

a

June

having

at

in

Island,

plat

Island,

Resort

more

butts

page

on

‘D’,

Plat

016,

and

“A

29,

of

by a

a Ac.”

February

and thereon,

Island,

All

Parcel

Tax

distances

Charleston

Carolina”

Plat

entitled

containing

Kiawah

All

Parcel

Island,

Tax

to

property

recorded

CAROLINA,”

LOCATED

COMPANY AC.”,

RESORT thereon,

LINE

and All

Parcels

Tax

bounds,

Located

in

1989,

133.165

said

the

that

those

shown

Map

Book

Map

on that

shown

Map

7

Charleston 8

on

having

R.M.C.

Charleston

plat

ADJUSTMENT

a

situate,

“A

Resort

certain (Turtle

(Turtle

6C

situate,

6,

metes,

having

as

plat Parcel

certain

In

in

certain

Parcel

dated

By, Parcel

Acre

a

and

County,

ASSOCIATES

133.165

1989,

more

and

will

Plat

The

plat

and

Plat

IN

OF

by

latest

at

designated

Office

lying

Associates

dated

Point

No.

designated

Tract courses

piece, January

No.

such

lying

by

Southeastern

of

Town

No.

THE

Point

by

6D

Book

piece,

pieces,

pages

fully

and

CAROLINA,

County,

County,

S.C.,

reference

Turtle

acres,

207-00-00-0

revision

Southeastern

209-07-00-124

(East

and

264-05-00-002

location,

recorded Golf)

and

Owned January

for

appear.

TOWN

parcel

Maintenance) CB,

Of

054,

parcel

and

parcels

said 1,

OF

being

being

Charleston

as

Kiawah

Beach

Point more

South as

Located

South

1989,

AND

at

distances

055,

dated

“Existing

to

property

A

“LANDMARK

Surveying,

or

By

page

butts

in

or

6,

in

OF

said INC.

in

or

or

50.325

18

Golf

tract

Plat 056,

the

having

Village

Carolina,

Carolina”

Surveying,

Kiawah

tract

1989, the

LANDMARK

February

tracts

Island,

less,

017,

KIAWAH

and

In

plat

Town

County,

AND

Book Town

as

having

057,

Course

of

The

Parcel”,

of

bounds,

will

having

more

ACRE

and

in

of

latest

Inc.,

Hotel

land,

Charleston

Resort

land,

of

058,

By, Town

commonly

the

A

of

land

dated

9,

by

such

shown

Inc.,

Kiawah

LAND

S.C.,

entitled

Being

fully

Kiawah

1.900

revision

1989,

together

ISLAND,

R.M.C.

and

reference

Residual

059,

at

metes,

together

latest

situate,

TRACT

Associates

LAND

Of

January

page

location,

entitled

said

appear.

also

on

ACRE

060,

a

and

COMPANY

County,

Kiawah

Island,

“A

revision Island,

known

courses

133.165

dated

Office

056,

a

property

lying

with

described

recorded

with

to

Plat

and

061,

plat

COMPANY

CHARLESTON

OWNED

7,

“A

butts

said

LAGOON

in

Charleston

Located

1989, Charleston

February

of

any

as and

Island,

South

Hotel)

for

and

by

PLAT

any

the

and

dated

Acre

Turtle

plat

and the

having

Southeastern

OF

Charleston

being

buildings

in

R.M.C.

as

062,

distances

buildings

having

“Turtle Carolina”

BY

bounds,

more

Plat

“Maintenance

Charleston Tract

SHOWING

CAROLINA,

In

September

Point

6,

OWNED

County,

in

OF

in

County,

such

The

LANDMARK

Book

1989,

the

Office

fully

the

latest

COUNTY,

of

CAROLINA,

Point

as

and

Golf

metes,

Town and

County,

R.M.C.

location,

Land

Town

dated

will

By,

Surveying,

appear.

and

South

South

County,

for revision

improvements

BY

17,

Course

BOUNDARY

improvements

Golf

by

Tract

INC.

courses

Of

at

recorded

Charleston

Owned

January

of

Office KIA

1990,

Carolina,

S.C.,

reference

page

Carolina,

butts

Course”

Kiawah

SOUTH

Kiawab

LAND

50.325

Being

2.872

South

dated

WAR

INC.

Inc.,

and

said

050,

and

for

and

By

11, in

butts,

Associates,

LESS plat

All Sub

in Island,

latest Parcels Tax

said

property

Island, containing

Pages showing

All Parcel

Tax

Island,

as

County,

the

will

those

those

by

Map

plat

Parcel Map

revision

bounds,

AND

RMC

032,

Kiawah

TO “Plat

LANDMARK Davis

and (2) bounds, Charleston

Office designated

March

Island, (1)

Kiawah

by

Charleston

9

Charleston

10

more S.C.,

having

(Osprey

Osprey

certain

Parcel

certain Parcel

reference

All

All

KIAWAK

and

134.046

033,

shown

I

Located

EXCEPT

Showing

Office

&

for

metes,

27,

date

said

fully

Charleston

that

that

metes,

Island,

Island,

Floyd,

11

No.

such

No.

pieces, 034,

pieces,

Point

Charleston

as

County, Point

1989,

County,

(Ocean

property

County.

of

certain

certain

Acres,

on

appear.

for

to

207-00-00-019

264-01-00-054

Kiawah

the

courses

location,

RESORT Links

March

LAND

and

courses

Inc.,

said

Charleston

Charleston

a

Charleston

Golf

parcels,

parcels, Golf)

and

“Access

plat

County.

035,

more

piece,

piece,

South

Course

South

plat

entitled

Course

S.C.,”

having

27,

recorded

and

County,

COMPANY

Course,

Island,

entitled and

butts,

more

in

ASSOCIATES

or

or

or

1989,

Carolina,

distances

parcel,

parcel,

Property”

Carolina,

County,

County,

the

distances

dated

less,

S.C.”

County,

Plat and

Tract,

tracts

such

tracts

bounds,

Charleston

fully

South

Property

RMC

in

and

“A

and

Willet

or location,

or

Showing

December

dated

Plat

of

of

Property

OF

appear.

containing

South

South

as

PLAT

recorded

commonly

tract

tract

and

shown

South

land

as

land

Carolina,

Office

metes,

will

Book

CAROLINA,

Island)

will

LOCATED

February

of

shown

of

of

County,

situate,

situate,

Carolina,

Carolina,

butts

Links

by

Carolina,

of

OF

on

Kiawah

by

land

land

for

25,

courses

BV

in

Kiawah

reference

a

219.92

known

said

reference

A

on

Plat

and

Charleston

plat

Course

1988,

at

situate,

situate,

lying

lying

6,

S.C.”

4.770

a

Pages

containing

containing

property

ON

bounds,

Resort

by

Book

plat

and

INC. 1989,

said

acres,

Resort

as

and

and

Davis and

to

Tract,

COUGAR

dated

to

by

distances

lying

lying

the

ACRE

property

ABOUT said

036

BV

having

being

recorded

said

County,

being

Associates,

Davis

more

metes,

Associates,

“Osprey

having

&

at

Property

through

plat

and February

4.770 and

25.18

plat

Floyd,

Pages

TRACT

in

in

or

&

latest

as

more

having

being

being

TO

ISLAND,

courses

the

South

the

more

such

less,

in

acres, Floyd,

acres,

will

Point

Inc.,

BE

038,

036 of

Town

Plat

Town

Located

Located

6,

revision

fully

and

in

in

location,

by

Kiawah

fully

OWNED

such

Carolina,

CONVEYED

more

Golf

more 1989,

and

through

entitled

the

the

Inc.,

in

Book

reference

TOWN

shown

appear.

of

of

the

appear;

Town distances

Town

location,

Course”

Kiawah

Kiawah

entitled

Kiawah

Kiawah

or

or

date

having

Resort

BV

RMC

butts,

“Plat

038,

less,

less,

on

said

BY

OF

of

of

of

to

at a

Sub

Parcel

bounds,

Office

a February

partnership, OF

is and

Surveying,

LANDMARK (5) and

Kiawab 20,

County. ASSOCIATES

CAROLINA,

COUNTY,

0.052

COMPANY Town

RESORT

(4)

PLAT

.001 distances

South

SOUTH CAROLINA,

and

INC. OF Kiawah

(3) fully

1991,

KIA

location,

1

1990,

Delaware

84,

attached

All

All

All

distances

1991,

shown

II

THE

shown

KIAWAH

WAR

acres,

in

appear.

LOCATED

and

ACRE

of having

for

SHOWING

Carolina,

that

those

the

that

metes,

Island,

South

Island,

CAROLINA”

4,

butts,

as

Kiawah

and

WELL

recorded

Charleston

ASSOCIATES

to

ISLAND,

more

and

Inc.,

on

SOUTH RMC

corporation,

certain

1991,

dated

will certain

that

two

as

OF

INC.

latest

INC.

TRACT

a

recorded

Carolina,

LAND

courses

ABOUT

bounds,

Charleston

designated

Charleston

plat

will

entitled

ISLAND,

by

or

said

Office

certain

PUMP

having

certain

IN

Island,

CAROLINA,

May

A

LOCATED

piece,

in

TO

less,

piece,

revision

reference

CAROLINA,”

by

by

CHARLESTON

BOUNDARY

THE

Plat

County,

property

COMPANY

and

BE

AND

Southeastern

dated

metes,

reference

in

12,

for

“A

said

TO and

in

Quit

latest

TRACT

Charleston

pieces,

parcel,

Book

parcel,

A

Plat

as

County,

TOWN

CONVEYED

distances

favor

County,

CHARLESTON

Charleston

1995,

PLAT

date

BE

shown

property

0.005

to

April

Claim

A

South

NATURAL

courses

Book

IN having

revision

CE

CONVEYED said

0.001

INC.

of

parcels,

or

of

to

or

and

THE

OWNED

OF

dated

OF

South

at

OF

on

19,

LINE

South

ACRE

April

tract

Kiawah

said

Deed

tract

Surveying,

plat

as

Carolina,

CE

County,

having Page

COUNTY,

recorded

and

a

A

such

County,

KIAWAH

ACRE

ABOUT

will

TOWN

1991,

CAROLINA,

date

plat

plat

more

at

TO

May

of

3.072

or

of

Carolina,

ADJUSTMENT 3,

by

Carolina,

distances

AREA

096

TRACT

Page

by

land

tracts

Resort

land

location,

1991,

of

by

BY

more

KIAWAI-1

Landmark

COUNTY,

such

having

South

TO

7,

fully

said TRACT

reference

April

in South

OF

ACRE

in

Southeastern Inc.,

1991,

situate,

097,

TO

LANDMARK

situate,

SOUTH

the

LANDMARK

ISLAND,

location,

of

Book fully

3.072

and

KIAWAH

property

containing

Associates,

appear.

containing

as

Carolina,

OWNED

entitled

latest

29,

RMC

land

Carolina,

INC.

BE

butts,

in

having

NATURAL

recorded

will

Land

appear.

ISLAND

OWNED

to

M255

AC.”

lying the

1991,

lying

SOUTH

CAROLINA”

situate,

CONVEYED

OF

revision

said

Office

LOCATED by

butts,

bounds,

having

CHARLESTON

“A

RMC

Surveying,

Company

ISLAND,

latest

A

containing

reference

and

3.072

on

and

BY

0.063

a

at

said

L.P.,

plat

BOUNDARY

in

LAND

0.115

LAND

copy

UTILITY

bounds,

Page

a

for

LANDMARK

lying

Plat

Office

being

being

AREA

CAROLINA’

KIAWAH

date

plat revision

property

more

such

acres,

a

metes,

acres,

Charleston

of

ACRE

Delaware

Book

of

243

IN

and

CHARLESTON

COMPANY

to

COMPANY

by

dated

of

Inc.,

which

in

TO

location,

in

fully

.052

metes,

for

Carolina,

said

OWNED

THE

more

September

Southeastern

COMPANY,

more

the

the

in

date

being

courses

having

CC

entitled

Charleston

COUNTY,

TRACT

KIAWAH

October

SURVEY

the

appear. acres

RESORT

plat

Town

said

Town

County,

TOWN

courses

or

of

limited

at

or

LAND

butts,

in

dated

RMC

more

May

Inc., Page

less,

such

less,

plat

BY

and

and

OF

the

OF

“A

of

of

A

5, 4,

All

& Tax

more

Parcel

Island,

having ABOUT

more

ASSOCIATES

CAROLINA,”

Plat LOCATED TRACT

COMPANY

entitled

Charleston

All Sub

AND courses

TRACT

CAROLINA” ABOUT

LOCATED further All

to

Sub

lying

recorded

said ABOUT

LOCATED

CAROLINA,”

entitled All

Charleston

Associates

said

that that

those

that

Book

Map

Parcel

property

Parcel

or

fully

and

in

12

such

plat

shown

certain

and

less, certain

certain

“A

“A

A

TO

the

Parcel

TO

certain

AND in

TO

CE

being

(Ocean appear.

0.052

County,

more

PLAT

County,

IV

Plat

distances

III

location,

PLAT

IN

Town IN

and

IN

OF

Surveying, at

BE

having

BE

BE

dated and

dated

piece,

dated piece,

piece,

Page

No.

A

A

THE

Book

THE

pieces,

THE

in

shown

ACRE fully

CAROLINA,

CONVEYED

CONVEYED

CONVEYED

OF

Park delineated

of 0.005

1.784

the

SHOWING

207-00-00-020

South

August

South

such

097,

May

parcel,

butts,

February

as

parcel,

Kiawah

parcel,

CB

A

TOWN

appear.

TOWN

TOWN

Town

parcels.

and

will

TRACT

Parcel)

LLC,

1.293

location,

in

ACRE

at

ACRE

7,

Carolina,

Carolina,

bounds,

the

designated

or

Page

20,

or

by

1991,

or

on

Island,

of

entitled

ACRE

tract

OF

22,

OF

tract

OF

RMC

reference

INC.

TO

or

TO

tract

TO

A

1991,

a

Kiawah

AND

TRACT

169,

TRACT

plat

tracts

butts,

having

1990,

KIAWAH

KIAWAH

BOUNDARY of

metes,

KIAWAH

of

LANDMARK

LANDMARK

containing

LANDMARK

Charleston

containing

of

Office

ABOUT

TRACT

land

in

“A

said

land

entitled

A

as

land of

bounds,

the

having

to

Island,

0.001

‘Residual

BOUNDARY

latest

courses

situate, land,

OWNED

OWNED

property situate,

said

for

RMC

situate,

OWNED

‘A

ISLAND,

ISLAND,

TO

ISLAND,

Charleston

0.005

ACRE

together

County,

revision

1

plat

metes,

latest

Charleston

.923

COMBINATION

Office

lying

and

LINE

lying

LAND

BE LAND

LAND

A”

having

more

lying

BY

BY

acres,

revision

acres,

distances

TRACT

on

courses

CONVEYED

and

BY

and

LINE

with

South

date

for

ADJUSTMENT

CHARLESTON

CHARLESTON

CHARLESTON

KIAWAH

fLilly KIAWAH

a

County,

and

COMPANY

COMPANY

COMPANY

such

being

plat

KIAWAH

County, being

more

Charleston

more

any

of

ADJUSTMENT

Carolina,

being

date

and

appear.

OWNED

as

prepared May

location,

improvements

in

in

or

South

or

will

distances

of

the

PLAT

the

South

at

20, less,

RESORT

RESORT

less,

TO

November

RESORT

by

the Town

County,

OF

Town

OF

containing

OF

Carolina,

by

1991,

LANDMARK

butts,

and

reference KIAWAH

OF

COUNTY,

and

COUNTY,

OF

COUNTY,

east

Carolina,

CAROLINA,

CAROLINA,

CAROLINA,

Searnon as

of

of

A

A

shown

will

PLAT shown

and

thereon,

end

South

ASSOCIATES

ASSOCIATES

Kiawah bounds,

ASSOCIATES

Kiawah

22.075

0.115

19,

said

7.757

by

recorded

to

of

Whiteside

and

RESORT

1990,

OF

on

reference

Carolina,

on

property

said

SOUTH

SOUTH

Kiawah

SOUTH

LAND

situate,

ACRE

Island,

ACRE

metes,

Island,

acres,

a

TMS

a

being

INC.

INC.

INC.

plat

plat

plat

and in

Tax

bounds, October

Mesne

#

CHARLESTON

DEVELOPMENT

265-16-00-017

Map

Conveyances

metes,

27,

Parcel

2014,

courses,

No.

COUNTY,

CREATING

and

PARTNERS,

265-16-00-017

for

recorded

and

Charleston

distances

SOUTH

RESIDUAL

in

LLC

Plat

County,

as

CAROLINA,”

LOCATED

Book

will

S.C.,

by

A

L14,

reference

AND

said

at

IN

dated

page

tract

RESIDUAL

THE

to

0507

September

having

said

TOWN

plat

in

such

the

B

more

OWNED

16, OF

office

size,

fully

2014,

KIAWAH

location,

of

appear.

the

BY

last

Register

revised

KIAWAH

butts

ISLAND

and

on of Parcel 8

Parcel 1

ParcoIl2

1 Parcel 11

4:rcel 7 Parcel 9 /

Parcel 2 Parcel 3 Exhibil 13 1 P 119 > Exhibit 13.2: Description of Real Property Owned by Property Owner

Tax Map Number Parcel # Parcel Description Acreage 207.00.00.009 1 Mingo Point 11.20

2 West Beach Village 27.91 207.06.00.232 A. Inn/Reception 6.93 207.06.00.401 B. Lagoon Rooms 3.67 207.06.00.399 C. Strawmarket 1.19 207.06.00.407 D. Dunefield 5.35 207.06.00.404 E. Support Buildings 1.91 207.06.00.405 F. Club Conference 1.7 207.06.00.406 G. Sparrow Pond 0.97 207.06.00.402 H. Tennis Center 5.48 207.06.00 403 I. Tennis Parking 0.71

3 Cougar Point Golf 123.99 207.00.00.017 A. Golf Course 121.39 207.00.00.017 B. Clubhouse 1.1 207.06.00.013 C. Maintenance 1.5 4 Utility Tract 5.99 209.01 .00.121 A. Telephone Building 0.59 209.01.00.122 B. Laundry/Commissary 3.31 209.05.00.098 C. Warehouse 2.09 209.07.00.126 5 East Beach Ocean 3.05

6 East Beach Village 68.49 209.07.00.105 A. Town Center 10.51 264.05.00.002 B. Tennis Center 8.48 209.07.00.124 C. Hotel Residual 24.49 209.07.00.124 D. Hotel (255 Rooms) 23.70 209.07.00.124 E. Wetland Mitigation 1.31 207.00.00.018 7 Turtle Point Golf 131.89 264.01.00.054 8 Turtle Point Maintenance 2.87

207.00.00.019 9 Osprey Point Golf 132.97 10 Ocean Course 348.87 207.00.00.020 A. Golf Course 311.36 * 207.00.00.020 B. Residential 37.51 207.00.00.020 C. Cougar Island Residual 207.00.00.020 11 Willet Island 9.14 265.16.00.017 12 Ocean Park 7.76

TOTAL 874.13

* Acreage includes parcels lOB and 1OC combined. Max. Gross Max. Bedrooms! Max. New Approx. Parcel Density Total Dwelling Guest Rooms Dwelling Mao. FAR. (5) wrrransfer (6) Mao. Height StorieslFt. (7) (8) Parcel Open Space (9) Distnct(s( (1) Acres (2) (3) Units (4) Parcels 2 and 6 Units Parcel S Parcel Description Zoning 20/40 R-2 C 4 46 — 46 0.25 1 Mingo Point R-2 C 11.2 40-60 30 R-2 (DA) RST-2 340 — R-2 (DA) RST-2 2 West Beach Village (10) (11) (17) — 310 / 55 4 / 55 40-60 30 (16) 49 — 49 A. (sri/Reception R-2 (DA), RST-2 6.93 7 (21 BR) 3hh2 — 155 4/55 40-60 30 26 — 26 Lagoon Rooms (12) R-2 (DA), RST-2 3.67 7 (21 BR) (16) B. 310 — 155 4155 40-60 30 (16) 8 — 8 C. Straunnurket R-2 (DA), RST-2 1.19 7 (21 BR) 30 — — — 2/35 0, Dunefield (19) PR, RST.2 5.35 — — 30 — 3’/ 55 4/55 40-60 7 (21 BR) (16) 13 — 13 E. Support Buildings (12) R-2 (DA), ROT-2, PR 1.91 — 3 155 4/55 40.60 30 12 — 12 F. Club Conference (12) R-2 )DA). RST-2, PR 1.7 7 (21 BR) 116) 30 — — — 2 / 35 S. Sparrow Pond PR, RST-2 0.97 — — 30 — — — 2/35 H. Tennis Center PR, RST-2 5.48 — — — 30? / 55 4/55 45-60 30 (16) 5 — 5 I. Tennis Parking R-2 )DA), RST-2 0.71 7 (21 BR)

3 Cougar Point Golf 30 — — — 2/35 A. Go)fCourse PR 121.39 — — 3i — / 55 4/59 40-60 30 (16) 8 — 8 B. Clubhouse (11) R-2 (DA), RST-2, PR 1.1 7 (21 BR) 30 — — / 55 — 4 — — C. Maintenance PR 1.5 — I 4 Ulility Tract 210/40 30 — — — 0.25 A. Telephone Building CS 0.59 — 2i0 /40 30 — — — 0.25 B. Laundry/Commissary CS 3.31 — 20?/40 30 — — — 0.25 C. Warehouse CS 2.09 — RST-1 — R-a (DA) RST-1 R-3 IDA) 37 — 37 East Beach Ocean (13) R-3 (DA), ROT-i 3.05 12 5 30?f55 4/70 40-60 30 R-2 )DA) RST-1 R-2 IDA) RST-1 670 6 East Beach Village (13) (17) 310/55 — 310/55 45-59 30 74 — 74 A. Town Center R-2 )DA), ROT-i 10.51 7)21 BR))16) 40-60 30 — / 35 — 2 — — B. Tennis Center PR 8.49 — — 4 / 70 40-60 33 (16) 171 — 171 C. Hotel Residual R-2 )DA), ROT-i 24.49 7 (21 BR) 40-60 30 — — 4 / 70 — — D. Hotel (255 Guest Rooms) ROT-i 23.7 — — — — — — E. Wetland Mitigation PR 1.31 — — 30 — — 2/35 — — 131.89 — 7 Turtle Poinl Golf PR 30 — — 2/35 — — 8 Turtle Point Maintenance PR 2.87 —

/ 35 30 — — 2 — — 132.97 — 9 Osprey Point Golf PR

10 Ocean Course 30 — — 2/35 — — A. Golf Course PR 311.36 — (18) — 21/40 50-60 — 26 ± — 26 (15) B. Residential R-i, PR - OC 33.00 (14) 2’ — 140 50-60 (18) — 3 — 3 C. Ocean Park Residual R-2 ± 4.51(14) — 21 /40 50-60 (181 — 20 R-2 9.14 — 20 fl Willet Island 22 20? / 40 50-60 (18) 7.76 — 22 12 Ocean Part? R-2

1010 520 TOTAL 874.13 520 Notes governing Exhibit 13.5: Parcel-Specific Development Standards

1 With respect to Parcels subject to dual zoning (i.e., where two districts apply to the Parcel in the above table), the Property Owner shall have the right to develop these Parcels pursuant to either zoning distdcl. All Development on a dual zoned Parcel shall comply with the allowed Uses, Building Development Standards, and other Development standards for the designated zoning district, lithe Properly Owner intends to proceed with Development on the dual zoned Parcel under both zoning districts, the Property Owner must first identity the proposed uses, appropriate zoning district and land area required to meet the development guidelines. By way of example: assume a 15 Acre parcel permits RST-2 and/or R-2)DA) zoning districts. It the 15 Acre parcel was developed exclusively as a hotel, the maximum capacity is 9 Bedrooms/Acre or a 135-Room hotet. It the parcel was developed euclusively as residential, the manimum capacity is 21 Bedrooms/Acre )and 7 Dwelling Units/Acre) or 315 Bedrooms )and 105 Owefing units). Under no circumstance could development exceed 315 bedrooms. If the hypothetical decision isle have a smaller 50-Room hotel, the acreage required is 5.56 Ac (50 Rooms -9 Rooms/Acre). This mould leave B.44 Acres remaining available for residential 115 Acres —5.56 Acres). This mould allow for up to 108 Bedrooms/66 DU (9.44 Acres x 21 Bedrooms/Acre and 7DU/Acre). The total Bedroom count for the hypothetical dual zoning mould be 248 Bedrooms or substantially less than the maximum 315 Bedrooms.

2 Acreage figures are approximate. Acreage for a Parcel may vary depending on a final determination of acreage at the time nem Development proceeds on a given Parcel. 3 Gross Density eqvals the number of potential Dwelling Units )exisfing and future) divided by the gross residential acreage of the Parcel above mean high water, exclvding Fresh Water and Salt Waler Wetlands. Gross Density limits are not intended to discourage or limit the development of higher density types or clusters or residences within a Parcel; provided, however, that maximum density limits are used le establish an absolute cap on the total number of Omelling Units en a Parcel )i,e. Properly Owner may construct more than 21 bedrooms on a given acre as long as the overall permissible Parcel Density or cap for Ihat Parcel is not exceeded), As each Parcel is platted or sold, the Property Owner shall clearly establish the maximum number of Dwelling Units which may be permitted on a Parcel, In the event that density is timited by physical constrains, a bridge permit or ether regulatory constraint beyond the Town’s jurisdiction, said limits are net intended to be superseded by this agreement. 4 The fatal number of single family Lets and non-single family Dwelling units permitted in the Parcel at maximum permitted densities. 5 The maximum number of Vest ed Units which may be approved on any one Parcel, subject to the limit of 520 fetal Vested Units. 6 Maximum floor area ratio (FAR) equals the building floor area divided by the non-residential or mised use acreage above mean high wafer, excluding Fresh Water and SaIl Waler Wetlands, This column shows the maximum floor area ratio which may be developed en an individual Parcel. The maximum FAR stated herein shall apply to the Development of the Real Property notwithstanding any more restrictive standard applicable to the underlying zoning district. 7 No development shall exceed the manimum number of stories or the maximum height in feel listed in this column. 8 Height allowance of 55’ (Parcels 2A, 2B, 2C, 2E, 2F, 21, 5, 6A, and 6C) and 70’ (Parcels 5, 6C, and 6D( from Ground Fleer level is to allow for alternative forms and configurations of massing to minimize the impact of habitable floors. This 4h would include but not be limiled to increased roof pitches, dormers, and innovation in overall massing. Roof slope of the dominant roof on the habitable floor shall not be greater that 812 for residential buildings. 9 Parcel open space is the minimum percentage requirement of Pervious Coverage for a Parcel. 10 An 8’ pedesfnan access shall be located within Parcel 2 to provide pedestrian access to the beach. The easement shall be incorporated in future development plans and shall be shown on appropriate site permit drawings 20 parking spaces. within the overall parking plan for Parcel 2. will be available for the public. 11 There shall be no more than 150 Guest Rooms constructed on Parcels 2A, 28. 2C. 2E, 2F, 21 and 39. The fetal combined number of sew Guesf Rooms and Bedrooms en Parcel 2 shatt not exceed 340. 12 Parking requirements for Cougar Point Golf will be located within Parcels 2A, 2E and 2F in addition to uses perrrdtfed in RST-2 category. 13 There shall be no mere than an additional 175 Guest Rooms constructed on Parcels 5, 6C, and 60. The total combined number of new Guest Rooms and Bedrooms en Parcel 6 shall not exceed 670. Guest Room density for expansion of The Sancluary will be established at 40 Guest Rooms/acre including required parking. The Guest Room density for a free standing hotel shall conform with the RST-1 standard of 8 Guest Rooms/Acre. 14 Parcels or subparcels shall have a dully recorded survey or plaf establishing boundaries prior to issuance of any development permits. At such time as the subdivision of Parcet lOB is approved and recorded, the exact boundaries of Parcel lOB shall be those on the recorded plat, which shall then replace the graphic rendition that is part of this Exhibit 13.5. If is anticipated that Parcel 108 will be rezoned to PR-OC if the Town adopts this zoning district. 15 Up to 26 Dwelling Unils way be permilfed in the area indicated as Parcel lOB in Exhibit 13.6, of which no more than 6 maybe attached, townhouses or multi-family. Dwelling units maybe attached to and integrated with non-residential buildings, 16 The 21 Bedroom per acre equivalent limit is intended for overall Parcel density calculations and not intended to limit the number of Bedrooms per Dwelling Unit. Bedrooms per Lot, or Bedrooms per a given acre. 17 The Property Owner will remove and relocate its villa check-in operations in Parcel 6 East Beach Village to either Parcel 1 Misgo Point, Parcel 2 West Beach Village, or off-island at the lime of the redevelopmenf of East Beach Village. Redevelopment shall be deemed lo occur when Property Owner has obtained the necessary permits and approvals for the redevelopment. 18 This standard will be met if Open Space is 50% or greater for the entire Parcel. 19 As to that portion of Parcel 2D. “Dunefield,” that is immediately seaward of the townhouses now known as Kiawah Beach Townhouses and that portion that is east of the extended eastern boundary of Parcel 2A marked on the attached illustration, structures shall be restricted to pools, changing rooms, rest rooms. decks, and boardwalks Exhibit 13.5: Kiawah Island Golf Resort Page 3 Parcel-Specific Development Standards (10.05.2010)

Location Maps

/

West Beach Village Parcel 3 Cougar Point Golf Course Parcel 4 Utility Tract Exhibit 13.5: Kiawah Island Golf Resort Page 4 Parcel-Specific Development Standards (10.05.2010) (Revised 04.04.17 Addition of Parcel 12 Ocean Park and Modification of Parcel lOB)

Location Maps

Parcel 12 Ocean Park

Parcel 108 9 18

Ocean Course Parcel 1OA

— -

Notation: This graphic will be updated to correspond to an approved subdivision plat to reflect accurate boundaries of Parcels lOB. 1OC and 11

Parcel 5 East Beach Ocean Parcel 10 Ocean Course Parcel6 East Beach Village Parcel 11 WilIet Island Parcel 12 Ocean Park Exhibit PR-OC, (a)

(b)

parks Purpose

permitted District use residential

(1)

(3) (2) (4) (5) (6)

13.6

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width The

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district

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to

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Rear Side

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line.

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the

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Town

Council

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25 25

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part

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