Lexington planners deny second Dutch Bros drive-thru location in Fayette County

Oregon-based Dutch Bros Coffee’s attempts to come to the Fayette County market failed again Thursday.

The Lexington-Fayette Urban County Planning Commission voted 7 to 1 to turn down a zone change from a professional office zone, P-1, to a B-3, or business zone at 1008 South Broadway, the corner of South Broadway and Virginia Avenue, for a Dutch Bros location.

This is the second time in two months the Planning Commission has turned down an application by Dutch Bros for a drive-thru location.

In February, the commission voted to turn down a drive-thru location at the site of the former “Blue Arby’s” on South Limestone. The group is expected to ask the Lexington-Fayette Urban County Council, which has final say on zone changes, to hear the zone change and ask the council to overrule the commission’s decision.

Dutch Bros had previously announced plans to build its first location on New Circle Road in a former Sonic. A permit was recently issued to begin site work. A spokesperson for Dutch Bros said that location is expected to open before the end of 2023.

During Thursday’s Urban County Planning Commission meeting, Dutch Bros attorneys said the company wanted to put a 950-square foot building at 1008 South Broadway that would include two drive-thru lanes.

The building would have pedestrian access via South Broadway but would not have dine-in service. Vehicles would enter and exit on Virginia Avenue.

Hal Baillie, a senior planner with the department, said the planning department felt the professional business zone was still appropriate for that area. Lower-vehicle traffic businesses were needed in that area and at that busy Lexington intersection, he said.

The 2018 Comprehensive Plan recommends more density along the city’s major corridors. South Broadway is a major corridor. The Dutch Bros proposal “does not promote those aspects” said Baillie. “Staff has major concerns about the vehicles at this intersection as well,” Baillie said.

The comprehensive plan also encourages more pedestrian- and transit-friendly developments along major corridors. The Dutch Bros plan is largely vehicle focused, he said.

A drive-thru location is not recommended for that location, he said.

Baillie said traffic data shows there has been at least one collision at that intersection per week.

Bruce Simpson, a lawyer for Dutch Bros, said the comprehensive plan is just a guide, “not a straight jacket.”

Simpson argued the push to increase density on major corridors creates a problem: “How are you gong to get to this site? Where are you going to park? We want you to get there but we don’t want you to park?”

Simpson said if the city continues with this rationale, the property at South Broadway and Virginia will remain vacant.

“You can turn this down and the property will sit here for who knows how long?” he said.

Baillie countered the intersection is too congested. A busy, drive-thru site will further jam up traffic in that area.

“Any left-hand turn would be dangerous,” said Baillie.

Planning commission members said they wanted Dutch Bros in Lexington but the South Broadway location was not the correct location.

“We want Dutch Bros here in Lexinton,” said Headley Bell, a planning commissioner “But not in the location you suggested.”

Bruce Nichol was the only planning commission member to vote in favor of the zone change.

Dutch Bros is a drive-thru coffee West Coast chain, headquartered in Grants Pass, Ore. It was founded in 1992 by brothers Dane and Travis Boersma. The chain has more than 500 locations in 13 states and has developed a cult following.