Planning commission recommends jersey barrier zoning amendment
Feb. 7—New Castle's planning commission is recommending city council adopt a zoning ordinance amendment regulating jersey barriers in the city.
The commission, during its public meeting Wednesday, voted 3-1 to recommend the amendment that would place restrictions on the use and placement of the barriers and other traffic control devices on properties within certain zoning districts.
Those in favor were Vice Chairman William Morgan and members Lawrence Williams and Melanie Mars, while member Heather Armstrong cast the dissenting vote. Chairman Jeffrey Fandozzi and alternate member Albert Conti were absent from the meeting.
The planning commission can only make recommendations or disapprovals of proposals to city council, as council has the final say on whether a project or ordinance is adopted or rejected.
Under the proposed amendment, jersey barriers and other similar traffic control devices shall not be placed on the premises or curtilage of any residential or commercial properties within the R1, R2, R3 zoning districts, and C1 general business and C2 central business districts without a permit, which would go through the city zoning officer.
Permits would not exceed a time period of three months, with the permits not to be used to delineate parking areas or parking in parking lots of any property, nor as a form of fencing or barrier between adjoining or adjacent properties.
This proposed zoning amendment stems from a monthslong feud between Matt and Gary Blakely, co-owners of 2 Brothers Downtown Gaming at 341 E. Washington St., and DON Enterprises, which owns the building at 333 E. Washington St. and the gravel parking lot between the two buildings.
DON officials placed barriers in the lot separating the two businesses. DON claims it owns the lot where the barriers are to create parking for The Corner Stone restaurant at its 333 E. Washington St. building. 2 Brothers, meanwhile, said the barriers have taken away parking from their business.
Armstrong voted no on the recommendation due to her belief this is just a reaction to one incident and will only cause more trouble in the long run.
"I'm concerned about this being reactionary to one case," Armstrong said. "I just think this is going to stir things up."
Armstrong added the commission, and city council, should be debating whether there is a need for this amendment throughout the city, not just for one case.
City Councilmen Eric Ritter and David Ward were in attendance, who both said there has been no other issues or concerns regarding barriers in the city.
Morgan argued the zoning amendment would be used for the future use of jersey barriers, as he doesn't know if DON's barriers would be excluded from the amendment under a grandfathered clause.
Mars said jersey barriers can disrupt the flow of traffic, while Williams wondered if jersey barriers, such as the ones used by DON, could negatively impact emergency personnel responding to an emergency situation.
The next step is for city council to host a public hearing in the future to hear testimony of those who are for or against the proposed amendment, before it can be voted on for adoption.
In other business, the commission approved a conditional use request from New Castle-based New Beginnings LLC for a child care center at 115 N. Mercer St.
The facility would be owned and operated by Vakia Upshaw, who has over 30 years of experience, and has operated a child care center near the Harry W. Lockley Early Learning Center since 1998.
Upshaw has owned the building on North Mercer Street since 2011, but it was used as a hair salon until 2021.
She said her current childcare building is licensed for 49 children, but currently has 61, with more than 40 children on a waiting list.
If approved, the new building would house up to 40 children and have 10 to 18 employees, including certified teachers. It would be open from 6 a.m. to 11 p.m. and would use area parking.
The conditional use request will now be sent to city council for a vote for adoption.
