The Wellington Village Council gave a preliminary conditional use approval for a veterinary clinic at the Binks Commercial Center after working out a condition that would place less burden on the clinic for an additional entrance required onto Binks Forest Drive.
Councilman Michael Napoleone recused himself from the discussion due to his law firm’s work with the Wantman Group, a company that is involved in the project.
The council had postponed approval at its Nov. 8 meeting to get more information on an entrance at Binks Forest Drive, which would have required the 3,600-square-foot clinic to pay the full cost of the connection, although the traffic impact of the clinic is relatively minimal. The existing entrance to the commercial center is to the north on Bent Creek Road, just east of Binks Forest Drive.
“The conditional use in and of itself was fine,” Village Manager Paul Schofield said. “The issue became the connection to Binks Forest. The council had asked that staff go back and look at alternatives to see if there wasn’t a more appropriate ingress/egress alternative that did not involve the construction of a turn lane. The total cost of a turn lane is about $90,000.”
The village’s engineering department did an analysis and found that expanding the turning radius from its typical 25 feet to 50 feet would provide for sufficient vehicle speed not to warrant a turn lane, Schofield said.
“This is a right in, right out, there is no median, so the intersection becomes a safe traffic movement, and it allows a connection to be made, which we believe needs to be made,” he said. “We believe the applicant is in agreement with the condition as proposed, so staff stands prepared to recommend approval, as we did at the last meeting.”
Each of the 15 commercial lots in the development is eligible for a 3,600-square-foot building, including four lots owned by the Home Away From Home daycare center and preschool at the northwest corner of the property. The daycare center has developed three of its four lots. One other office building and a dental office also occupy the site, with several lots vacant.
“We believe that the solution is appropriate and there is a significant cost saving,” Schofield said, adding that the turn lane would be required if the daycare center should decide to complete its expansion, which would cost about $50,000 and would be the responsibility of the daycare center.
Vice Mayor John McGovern pointed out that the cost already is the responsibility of the daycare center, which was before the council more than a year ago to apply for a significant expansion.
“A part of that was a condition that they build the access and the turn lane,” McGovern said. “For whatever reason, that simply hasn’t happened.”
Growth Management Director Bob Basehart said conditional uses must be done within three years or it comes back to the council for reconsideration.
McGovern said he thought it had been unfair to shift the burden of the turn lane and access point from the daycare center, which is the reason for most of the increased traffic, to a smaller proprietor making a new application.
Basehart agreed, but pointed out that traffic performance standards are not intended to be fair, but to make improvements to the roadway system where they are necessary to serve the benefit of the general public.
“That streetway connection is necessary today, whether or not the veterinary clinic moves forward, or whether or not the daycare center [expansion] moves forward,” he said.
Basehart noted that any project without a conditional use requirement can build as of right and would not require putting in the turn lane on Binks Forest Drive.
Mayor Anne Gerwig agreed that it is a difficult issue.
“I think we had extensive discussion before, and we all were struggling with that issue. We’d like it to be your exact impact that you’re paying for, so I think it worked out pretty well,” Gerwig said, thanking the applicant, veterinarian Dr. Mike Russo, for giving the village extra time to work on a compromise.
Russo asked for clarification as to his responsibility for cost, and staff said the share would be about 50-50 between him and the daycare center.
“If it was a general office use, it would be vested, and there would be no additional improvements required, but because yours is a conditional use and requires a change to it, Wellington, like all other municipalities in Palm Beach County, is signatory to the traffic performance standards ordinance,” Schofield said. “It is not a fair ordinance by any means. What is does is it places the burden on the first person who comes in, and it’s designed to make sure that proper roadway improvements are done.”
McGovern made a motion to approve the conditional use with the compromise, which carried 4-0.
