Vote: approved

Item Text

13. MARTINEZ VILLAGE SHOPS (Supervisorial District: 4) Case #: Z260003 Applicant and Owner: Ed Reichenberg, Rap LLC / Marisela Martinez Request: Zone change from Rural-43 & C-2 to C-2 Site Location: Generally located approx. 1,100 feet north of the NWC of Salome Hwy. & Wintersburg Rd. in the Tonopah area Commission Recommendation: On 5/7/26, the Commission voted 7-0 (motion by Vice Chair Hernandez D5, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve Z260003 subject to conditions ‘a’-‘f’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “Zoning Exhibit“, consisting of 1 page stamped received February 11, 2026, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. b. Development of the site shall be in substantial conformance with the narrative report entitled “Salome Village Shops“, consisting of 12 pages stamped received March 12, 2026, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. c. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. d. The following Engineering conditions shall apply: 1. The site is located within a special flood hazard area and any development must comply with the Maricopa County floodplain regulations. 2. A 24-foot paved driveway access off of Wintersburg Road is required to be shown at the Plan of development phase. 3. A traffic impact study is required with the Plan of Development. 4. Engineering and drainage review was based on a zone change without a plan of development. Therefore, without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 5. Engineering review of re-zone cases is conceptual in nature. All development and engineering design shall be in conformance with Section 905 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 6. The County does not provide fire service, therefore, it is incumbent that the applicant seek service and approval of plans from the jurisdictional fire service provider. e. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. f. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property may be considered for revocation to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. (C-44-26-108-X-00)

Attachments (1)