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Residents oppose proposed Black Creek public kayak launch; Planning Commission continues zoning item for rework
Summary
County staff asked to continue a rezoning and comp-plan amendment for a Black Creek parcel that staff proposes for a non-motorized boat launch; residents opposed the plan citing traffic, flooding, crime and wildlife concerns, and the commission continued the item to August for staff rework.
Clay County staff requested a continuance and rework on a proposed rezoning and comprehensive-plan amendment for a county-owned parcel on Black Creek that staff has proposed for a public non-motorized boat launch. The Planning Commission approved the continuance to the August meeting after extensive public comment opposed the proposal.
Staff and property status: Planning staff told the commission the county acquired the parcel through a FEMA repetitive-loss buyout; staff said the FEMA grant imposes restrictions that the land be used for recreation or passive recreation. Staff asked for more time to align the rezoning (ZON 2059) and the companion comprehensive-plan amendment with the countywide PO2 language and with local concerns.
Public comment and concerns: Dozens of residents attended and nearly all speakers opposed the rezoning. Common concerns included increased traffic on a narrow, unpaved Black Creek Drive; limited sight lines and a hazardous curve near the site; historical problems with trespass, partying and vehicle damage when the property was previously accessible; flooding and suitability of the parcel for parking or facilities; limited law-enforcement presence on a dirt, rural road; and potential loss of local wildlife habitat.
Representative comments included: - Marty Morris (3058 Black Creek Drive) asked for clearer signage and expressed concern the county had previously chained off the parcel because of problems; he urged better notice for a rescheduled hearing. - Julian Rock (2986 Black Creek Drive) said the area floods frequently, that the creek is narrow, and that he had seen thefts and encampments on the parcel when it was open. - Catherine Padgett (3007 Black Creek Drive), who identified herself as employed by the sheriff's office, described repeated law-enforcement responses to disorder at boat ramps and warned that unsupervised public access can bring intoxication, vehicle burglaries and other incidents.
Commission action: Staff asked for a continuance to rework the proposal in light of comments on the countywide PO2 amendment and local operational issues. A commissioner moved to continue the item until August (the motion specified "until August or soon thereafter"); the motion passed by voice vote.
Legal/grant constraints: In response to a commissioner question, county legal/staff said the FEMA buyout grant carries restrictions tied to the property; the grant requires the property be used for recreation or passive recreation and the county must honor those restrictions if it keeps the land.
Provenance excerpts
"So I was just told that staff would like to request a continuance to go back and work through the issues from the previous item to ensure this is the correct location for this FEMA grant." — staff presentation requesting continuance
"We've already stopped these people on our own. It's going to attract, attract homeless encampments...there's no on-site staff or law enforcement there regularly." — Erica Lade (speaking for family at 2966 Black Creek Drive)
Ending: The commission's continuance gives staff time to reconcile the proposed use with grant restrictions and neighborhood concerns; residents were urged to follow re-noticing and CAC schedules and to submit comments to staff prior to the next hearing.
