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BOOK 99 PAGE 299 Chairman Adams preferred the PD over the CG if something could be worked out on the traffic concerns and the extension of the wall. There is some concern that the trucks will have to turn around on that road that goes behind the store. Attorney Motley stressed that the wall is the least of the 3 concerns they have outlined. The traffic calming improvements and the allowance of temporary use permits are of huge importance to Wal-Mart. Attorney Vitunac advised that the Board can prohibit temporary use permits under the PD, which is what they are here for, because the underlying zoning doesn't allow that type of thing. They are asking for a change that would allow temporary use permits, and that is up to the Board's discretion. Commissioner Macht stated that he didn't intend to vote in favor of the zoning change because he doesn't like dealing with people who would lead you to believe one thing in order to accomplish something else. That is what they have done. They had no intention of building Sam's to start with. When the Wal-Mart project was proposed, they said they would do everything to protect the integrity of the residential development across the street. They went back on their word, and so did we. He emphasized that calls from those residents to Wal -Mart's store manager were not returned. His calls to the store manager were not returned. He wrote the store manager a letter and never received a reply. If they will not honor their word or obligation in that respect, then he will not vote for the rezoning, regardless. Commissioner Macht advised that his second reason for not supporting the zoning change is the traffic light that might be installed at 53rd Avenue. If that light is for the safety of the Wal-Mart people, fine. However, it is not fine for the people who reside on 53rd Avenue. Commissioner Macht believed that this is not a good proposal. Commissioner Eggert also had a problem with the traffic light, but Chairman Adams stressed that while Wal-Mart has offered to pay for the light, it must meet DOT's requirement criteria before it can be installed. Traffic Engineer Chris Mora of Traffic Engineering stated that the light is not a certainty. In compiling the trips, the State will deduct a percentage of people turning right out of Wal-Mart. Director Keating advised that staff does support the traffic light at 53rd Avenue. i+lal-Mart has worked with—us on that intersection and also with Applebee's. It is anticipated that 56 OCTOBER 1, 1996