Andell West

Trip generation refers to the number of one-way trips expected to travel to or from each land use within the proposed project during the time period(s) of interest.

Andell West Total (Daily) Net New External Trips =7,985 Net New Daily Trips

Pages 18 & 19 of Kimley-Horn Study

PreserveKiawah believes the letter Tim Hazel, PreserveKiawah Advisory Board Member, shared with Council Member Jenny Costa Honeycutt, expresses valid concerns for the community. See Tim's letter below:


Council Member Honeycutt:

I am a land owner of property on Kiawah Island and oppose the proposed up zoning of Andell West parcel 205-00-00-365. I am a Land Use, Construction and Real Estate Development lawyer (barred in Ohio and Pennsylvania), and have been practicing since 1991. I represent national, regional and local developers of commercial, residential, industrial, retail, and hotel properties and projects in PA and Ohio.

I am shocked to see the Charleston County Planning Staff’s recommendation of the Andell West, LLC application.

The parcel is located at the terminus of a badly overburdened and failed road systems and municipal services infrastructure and will create a very bad land use precedent and opportunity for continued future serial up-zonning creep into a very sensitive ecosystem. The proposed CC zoning re-designation is in no way consistent with the adjoining property uses — Freshfields is a unique PLANNED DEVELOPMENT that purposefully sets many conditions and restrictions that are not provided under a CC designation. In the 30 years of my legal practice I have rarely seen such bad land planning … the property is appropriately zoned low density R4 and should remain as such.

The offer and opportunity to get a “bigger Harris Teeter” is an unfortunate “red herring” that clouds all of the potential pitfalls that are concomitant with a rezoning of the Applicant’s property to a CC designation.

I have attached a more detailed basis for my objections. I would also suggest that this application and proposed re-zoning could trigger a claim that the County is on the verge of “spot zoning” this Applicant’s property.

I would encourage you to take action to join in this opposition.

Tim Hazel



TIM HAZEL'S FULL OPINION:

IN RE Andell West Planned Development

Applicant: Christopher Corrada

Owner: Andell West, LLC

Location: 830 Kiawah Island Parkway

Parcel ID: 205-00-00-365

Workshop: Conceptual Planned Development for Andell West.


To whom it may concern:


We are owners of property within the Town of Kiawah Island, located at ______________________ . We oppose the above-referenced proposed Conceptual Planned Development for the following reasons:


APPLICABLE PREDICATE CONDITIONS NOT SATISFIED:


According to Section 3.4.6 of the County ZLDR, proposed zoning map amendments may be approved by City Council only if the proposed amendment (i) is consistent with the Comprehensive Plan and the stated purposes of this Ordinance (the “Consistency with ZLDR Condition”) or (ii) will allow development that is compatible with existing uses, recommended density, established dimensional standards, and zoning of nearby properties that will benefit the public good while avoiding an arbitrary change that primarily benefits a singular or solitary interest (the “Compatible with Existing Uses Condition”). The proposed plans presented during the July 11, 2022 Workshop, do not satisfy either of these two Conditions.


1. Not Consistent with the ZLDR -- First, the stated “purposes of the ZLDR” (see CC ZLDR Article 1.5) is to protect the health, safety, and general welfare of existing and future residence of Charleston County by:


  • Providing for adequate light, air, and Open Space;

  • Preventing overcrowding of land, to avoid undue concentration of population, and to lessen congestion in the Streets;

  • Protecting and preserving scenic, historic, or ecologically sensitive areas;

  • Regulating the Density and distributions of populations and the uses of Buildings, Structures and land for trade, industry, residence,recreation, Agriculture, forestry, conservation, airports and approaches thereto, water supply, sanitation, protection against floods, public activities, and other purposes;

  • Facilitating the adequate provision or availability of transportation, police and fire protection, water, sewage, schools, parks and other recreational facilities, Affordable Housing, disaster evacuation, and other public services and requirements;

  • Securing from fire, flood, and other dangers;

  • Furthering the public welfare in any other regard specified by a local governing body;

  • Facilitating the creation of a convenient, attractive and harmonious community;

  • Encouraging the Development of economically sound and stable municipalities and counties;

  • Assuring the timely provision of required Streets, Utilities, and other facilities and services to new Land Developments;

  • Assuring the provision of needed public Open Spaces, Building sites and new Land Developments through the dedication or reservation of land for recreational, educational, transportation, and other public purposes; and

  • Assuring, in general, the wise and timely Development of new areas, and redevelopment of previously developed areas in harmony with the Comprehensive Plan; and

  • Fostering growth and Development, and preserving our natural and cultural resources, always respecting the rights of the individual, including private property rights.


As to each of these underlying factors, the proposed up-zoning of the current low-density R-4 designation of the property to PD in accordance with the site specific conceptual planned development plans fails to satisfy any of the above-stated factors. In fact, the proposal will have the following material adverse impacts on the health, safety and general welfare of the impacted Charleston County residents: (i) decreased available open space, (ii) increased density development and overcrowding, (iii) increased traffic and congestion, (iv) increased adverse impacts to environmentally sensitive areas, (v) increased loss of sensitive eco-systems, (vi) increased reduction of wild-life habitats, (vii) increased burdens on the provision or availability of transportation, police and fire, protection, water, sewage, schools, parks and other recreational facilities, disaster evacuation, and other public services and requirements, and (viii) decreased harmonious community develop, to name just a few of the adverse impacts in derogation of the purposes of the ZLDR.


2. Not Compatible with Existing Uses. The proposed plans are not consistent with the current uses of Freshfields, which is adjacent to the subject property, and therefore the proposed conceptual plans and PD up- zoning are not compatible with the existing Freshfields Planned Development classification. The proposed conceptual planned development plans create a massive parking field and massed structures of a much greater size and feel than that which would be permitted under the existing Freshfields Planned Development.


Freshfields Planned Development – The standards for the Freshfields PD-FV are intended to permit, among other things:

  • creation of an active village center,

  • location of sales and service for necessities within a pleasant walking environment,

  • creation of a center for community-wide activities,

  • development of infrastructure that minimizes disruption to mix of existing natural features, and

  • environmentally sound development of the real estate.


As a result of these standards, Freshfields was developed to create a unique town center feel with attractive facades and harmonious scales of size and massing. In fact, the PDD-FV implement restrictive architectural and development standards and use restrictions (minimum lot area, minimum lots widths, maximum building covers maximum heights, proper buffer areas, design standards, etc.) that are far more restrictive than those that are reflected in the plans submitted in support of the Conceptual Planned Development for Andell West.


CONCLUSION:


The proposed re zoning (i) is not consistent with the County’s Comprehensive Plan and/or the stated purposes of the County ZLDR (the “Consistency with ZLDR Condition”) and (ii) will not allow development that is compatible with existing uses, recommended density, established dimensional standards, and zoning of nearby properties and cannot be approved as the conditions that are set forth in Section 3.4.6 of the County ZLDR have not been met.

Sincerely,

Tim Hazel, PreserveKiawah Advisory Board Member





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