Planning Commission grants conditional approval for Kiawah Senior Living Facility encroachment permit

On Wed. October 3rd, the Seabrook Island Planning Commission considered a request from Atlantic Partners II, LLC (the "Applicant"), to grant an encroachment permit for a new driveway on Seabrook Island Road. The purpose of this encroachment permit request is to provide access to and from Seabrook Island Road for a proposed 200-unit senior living facility adjacent to the Freshfields Village Development. 

The Planning Commission discussed this request on four separate occasions: July 18th, August 15th, September 26th and October 3rd. In addition, the applicants participated in a town-hosted public informational meeting on August 7th, which was held at the Seabrook Island Club and attended by more than 200 residents. 

By a vote of 3-1, the Planning Commission approved the Applicant's request to grant an encroachment permit, subject to the following conditions:

1. (No Construction Traffic) Until a certificate of occupancy has been issued by the Town of Kiawah Island for the proposed senior living facility, vehicles involved with the construction of the proposed senior living facility may not enter or leave the site of that facility via Seabrook Island Road. 
2. (Other Terms and Conditions Binding) Applicant and Big Rock Partners, LLC ("Big Rock"), their members and assigns, agree to comply with all of the provisions, terms, conditions and restrictions set forth in Applicant’s July 16, 2018 Application for Encroachment Permit. 
3. (Stormwater Impact) Applicant and Big Rock, their members and assigns, warrant that they will pay any and all expenses incurred by the Town of Seabrook Island, South Carolina (the “Town”) as a result of expenses incurred or damages suffered by the Town and/or or its residents as a result of increased storm water runoff from the senior living facility. Final storm water plans shall be subject to review and approval by the Town prior to the commencement of construction activities.
4. (General Liability) Applicant and Big Rock, their members and assigns, shall indemnify and hold harmless the Town from any and all liability, claims and /or expenses (including reasonable attorney fees) arising out of or in any way related to bodily injury or property damage (i) occurring on Applicant’s property, at or near the entrance to the senior living facility and (ii) attributable to vehicular traffic entering or leaving the senior living facility. 
5. (Pathway Liability) The Easement Agreement between Applicant and the Town, wherein the Applicant allowed the use of its property for a bike path to Freshfields Village, shall be amended to delete the Town’s indemnification of Applicant as set forth therein. Nothing in this condition, or the request therefore, shall be construed as a waiver of any immunities granted to the Town under the South Carolina Tort Claims Act. 
6. (Tree Mitigation) Applicant and Big Rock, their members and assigns, shall fully mitigate, at their sole expense, the loss of or damage to trees resulting from construction of the senior living facility entrance and related modifications to Seabrook Island Road. The Town shall make the final determination of the type and size of required replacement trees and where they will be located. 
7. (Pathway Maintenance) Applicant and Big Rock, their members and assigns, warrant that they will at all times keep those portions of the pedestrian/bicycle path lying near the entrance to the senior living facility in good maintenance and repair. 
8. (Pathway Signage) The Town shall select and locate vehicular and bicycle/pedestrian traffic signage associated with the Seabrook Island Road entrance to the senior living facility at the sole expense of the Applicant and Big Rock. 
9. (Future Access) In recognition of the Town’s declared policy of limiting access to the portion of Seabrook Island Road at issue, Applicant and Big Rock, their members and assigns, agree to share their conditionally permitted driveway with the developer of the neighboring property currently owned by Haulover Creek Development, or alternatively at the Town’s option, to close their conditionally permitted driveway and use a central entrance from Seabrook Island road that is permitted by the Town for construction on the neighboring property. 

At this time, the applicant may accept the conditions and move forward with the encroachment permit, appeal the Planning Commission’s decision to Seabrook Island Town Council for de novo review, or withdraw its request.

To view a copy of the full motion (with conditions), please click here. 
 
To view the engineered drawings for the new driveway and off-site improvements to Seabrook Island Road, please click here.