County abandons Downing Street
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By Pamela Permar-Shierling
On a six to one vote last night (Oct. 1) the Glynn County Board of Commissioners (BOC) voted to abandon Downing Street which is the public street that runs in front of the main entrance to the King and Prince Hotel which is owned by Crown KP Hotel LLC.
Now Downing Street is private.
The abandonment request was presented to the BOC by Jason Hartman, Engineering Director for Glynn County, who said one comment had been received at the last minute asking that the decision be deferred.
Hartman also mentioned that a petition had been presented with 24 signatures but Hartman did not say whether the petition was in favor or opposed to the abandonment.
The petition asked the BOC not to approve the abandonment since “residents deserve clear answers about what interest the County and public currently hold in this property, its present and potential future public uses, and what legal and economic effect abandonment would have.
“In particular, important questions remain about whether Glynn County owns the underlying land or merely holds a public easement; whether the property has been appraised; what value the abandonment would provide to the adjoining private property owner; and what public benefit Glynn County would receive in return.”
The Islander obtained a copy of the petition. It was not discussed at the meeting.
Hartman’s explanation to the BOC was included in a slide presentation as follows:
• Present use of Right of Way (ROW) – This section of the ROW is currently used.
• Past History – This section of the ROW has been used as it is currently for several years.
• Potential Use in the Future – The public will continue to benefit from the ability to use the ROW for access and / or utilities.
• Benefit to Public in Continuing Usage – The public may benefit from the ability to use the ROW for access to adjacent parcels and / or utilities.
• Benefit to Public in Abandonment – Abandonment would return the property to the tax digest.
Architect Robert Ussery spoke in favor of the abandonment stating the reason for the request was so the King and Prince Hotel could improve the entrance. “Right now they have a very small porte-cochère. The basic traffic pattern will remain the same,” he said.
“We have done improvements on Neptune and Arnold to make those two way instead of one way traffic,” he said.
Neptune, abandoned by the County in 1974, and Arnold run perpendicular to Downing.
The only commissioner questioning the abandonment was Commissioner Sammy Tostensen (District 1).
Tostensen pointed out that Neptune is one way now and unless it is made into a two way street, the traffic flow won’t work unless there is a cul de sac at the end of it where traffic can turn around.
“What they are asking for is not going to work,” Tostensen said.
Ussery said a cul de sac was planned for the end of the street and the traffic pattern through Downing St. will remain the same. The public will be able to go through Downing, he said.
“The King and Prince is a business and they want people to come to their restaurant. They have no intention of gating the road. So if the public wants to continue just as it is now, that’s no problem,” Ussery said.
Tostensen said that while he is in favor of abandonments, the rumor mill is down the road the King and Prince wants to privatize and have memberships.
“If they decide to gate this, it will change the whole dynamic of the road structure. People won’t be able to enter and exit those roads that we (Glynn County) now own,” Tostensen said. “Is that your opinion?”
Ussery replied, “Well I don’t think so. It is a business. Guests come and go to the hotel. There is no intention ever to gate the business off. I’m not sure I follow you.”
“Once we (the county) give this up, they (the King and Prince) own it and they can shut roads down because they own them and we have no say,” Tostensen said.
Ussery agreed that if someone else bought the property, “I guess that could happen.”
“But right now both beach accesses are open. They are public. Arnold Road remains a public road. Neptune will remain a public road. The public will have access to the beach through those roads,” Ussery said.
“I’m not sure what harm that would do if it did happen (gating the road), but right now there is no intention to ever close that at all. No gates or anything. I don’t think that would benefit the hotel at all,” he said.
“I agree,” Tostensen said, “today there are no gates. But that’s not to say once they take ownership they couldn’t gate that property just like Sea Island does. At that point there’s no public access.”
Ussery called Tostensen’s comment apples and oranges; that Sea Island was a whole island. “This is just a hotel,” he said.
Commissioner Bob Duncan (Dist. 2) pointed out that there was public access to the beach both on the north and south sides of the King and Prince Hotel.
Ussery said those access points would not be impacted by the abandonment.
Ussery said there were plans to put the cul de sac at the east end of Neptune.
Tostensen wanted an opinion from Aaron Mumford, County Attorney, about where people would park to go to the beach if the roads were closed off. “What good is the beach access if there is no place to park?” Tostensen asked.
Ussery said, “We are adding public parking to Neptune and additional parking on Beachview. “People are parking on Beachview now but it’s not well defined. That’s part of the master plan we’ll submit if the abandonment is approved.”
Tostensen again asked for a legal opinion from Mumford.
“The foundation of what you look at when you abandon a road like this or not is whether it has a useful purpose to the public. The standard in your ordinance is that it has ceased to be used by the public and no longer serves any useful public purpose,” Mumford said.
“To abandon it means you find it no longer serves a substantial useful public purpose. If you find it still does serve a public purpose, that would cut against the abandonment request,” he said. “And, arguably, you should not grant it if you find it has a substantial public purpose,” Mumford said.
“And your recommendation is?” Tostensen asked.
“My recommendation is,” Mumford said, “if the board finds that the standard has not been met that it should not be granted.”
However Mumford said it was not up to him to determine if the standard had been met. The board, along with staff recommendations, has to determine if the road still has a substantial useful public purpose, he said.
“But if you find it doesn’t have a substantial public purpose, you may grant the abandonment according to the rules set up in your ordinance,” Mumford said.
The vote was six to one with Commissioner Tostensen voting against.
Note: county staff received the petition at 4:08 p.m. Thursday (Oct. 1) afternoon by e-mail. The commissioners received the petition e-mail from staff at 5:56 Thursday, Oct. 1 and were already seated for the commission meeting.
Comments on the petition included: “I have used that ROW for more than 40 years”; “This is an important road for neighborhood biking”; “Surely we aren’t just giving this away for free to a private equity company. Please stand up for us”; “I am opposed to this proposal”; “Do what’s best for the county residents, not the King and Prince”
The Ocean end of Arnold Road was abandoned by the County in 1972. It used to be the front entrance to the King and Prince. In 2019 that portion of Arnold was gated by the owners and the gate was supposed to be left open.
Neptune was abandoned by the county in 1974.
The abandonment includes a 15 ft. easement for Georgia Power and a 15 ft. easement for the Glynn Brunswick JWSC for water and a 20 ft. sewer easement.
I suspect card access /password will be initiated at both ends of Downing for property ‘security’. No guarantees it will not happen. Hotel staff talk earlier in the summer to my family guests around the pool about ‘boardwalk’ construction on Neptune side. Much in the mix. Sadly the community at large and residents in the immediate environs will be disenfranchised, once again.