Nicholasville Planning Commission tables Enterprise Park Unit 2 after fire chief warns easement could impede emergency response

The Nicholasville Planning Commission on June 24 tabled a final development plan for Enterprise Park Unit 2 after the fire district raised safety concerns about a deeded access easement that would permit truck access across a private driveway used by a fire station. The postponement gives the developer and the fire district time to negotiate possible mitigation measures.

Danny Eaves, who identified himself to the commission as chief of the local fire jurisdiction, told commissioners the easement allows vehicles from Lot 3 to use the station’s private driveway and warned that a tractor trailer blocking that drive could delay apparatus during emergencies. "This is absolutely a safety issue and a concern for our community," he said, citing response‑time sensitivity and the district’s call volumes — "Total is 466 calls coming out of that station as of this year. 2023, we ran 1,253 calls out of that station." He also said the driveway was not designed for commercial traffic and noted a recent $14,000 repair tied to tractor‑trailer damage.

Jason Banks of Banks Engineering, representing Olive Builders LLC, said the access was negotiated in the deed when the fire station land transferred in February 2001 and described the recorded instrument as an access easement rather than a reciprocal parking easement. "This is an access easement, which means you can't park on that drive," Banks said, and he emphasized his client bought the property with the recorded right to use that access. Banks also said the applicant would volunteer signage and work with the fire district on mitigation and that any material change of use would require the developer to return to the commission.

Commissioners pressed on practical fixes, asking whether the adjacent parcel could be paved or widened to provide clearance, whether illegally parked semis could be towed, and whether the city has legal authority to require off‑site improvements. Staff described the easement language as benefiting Lot 3 and said the commission does not have the authority to extinguish a private easement; commissioners said they could, however, consider requiring off‑site improvements or conditions where legally permitted. Noting the statutory 90‑day review window, several members suggested tabling the matter to allow the fire district and property owner to negotiate a solution.

A motion to table was made and seconded; the commission voted in favor and set the matter to return at a subsequent meeting. The item was formally tabled so the parties can explore mitigation (paving, signage, gating arrangements, maintenance agreements or other options) before the commission takes final action.

The commission’s record shows the developer asked for approval but indicated they would not oppose postponement to allow negotiations; commissioners emphasized that if the site’s use changes materially in the future the project would be required to come back for review.

Next steps: the commission will revisit the Enterprise Park Unit 2 final plan after the fire district and the property owner report back with negotiated mitigation or proposed engineering solutions.