09.Z260003 PZ Staff Report
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Z260003 Page 1 of 7 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z260003 – Martinez Village Shops Hearing Date: May 7, 2026 Supervisor District: 4 Applicant: Ed Reichenberg, Rap LLC Owner: 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 Site Size: Approximately 3.4 acres Density: N/A County Island: No County Plan: Tonopah Arlington Area Plan – Community Retail Center Municipal Plan: N/A Municipal Comments: None received to date Support/Opposition: One support Recommendation: Approve with conditions Z260003 Page 2 of 7 Project Summary: 1. The applicant is seeking to rezone an approximately 3.4-acre property from Rural-43 and C-2 to C-2 for future commercial uses without a precise plan of development. Currently the parcel is split zoned with C-2 fronting Wintersburg Rd. to the east. The C-2 portion was approved for a now defunct travel trailer park which was approved under Z 77-45 on June 20, 1977. The C-2 area runs approximately 300’ deep into the parcel from Wintersburg Rd. The parcel is located in a designated community retail center land use within the Tonopah Arlington Area Plan. 2. The parcel is currently undeveloped with a small wash running east/west though the parcel. Arizona State Land Department (ASLD) is located adjacent to the parcel directly to the north with single family residential to the west. The parcel is 0.2 miles (1,100’) north of the Wintersburg Rd. and Salome Hwy. crossroads. Both are minor arterials with future expansions respectively planned to principal arterial and parkway routes. 3. There is no Plan of Development (POD) associated with the project at this time. The ownership is seeking to work with owners of adjacent commercial parcels for future commercial development. Presently there are commercial uses along Wintersburg Rd. Parcels to the south are currently in the rezoning process to C-2 under Z250044. A future POD will indicate site access, use and parcel design specifics. Aerial photos of subject site Z260003 Page 3 of 7 Aerial image & surrounding environs Z260003 Page 4 of 7 Eagle view of subject site looking north into subject parcel (aerial image dated September 2021). Existing On-Site and Adjacent Zoning / Land Use: 4. On-site: Rural-43 & C-2 / Vacant North: Rural-43 / Vacant ASLD South: Rural-43 & C-2 / Vacant & Commercial East: Rural-43 / Wintersburg Rd. then Vacant West: Rural-43 / Residential Home Zoning District map Z260003 Page 5 of 7 Utilities and Services: 5. Water: Private well Wastewater: Septic system School District: Saddle Mountain Unified School District Fire: South County Fire and Medical Police: Maricopa County Sheriff’s Office Right-of-Way: 6. The following table includes existing and proposed half-width right-of-way and the future classification based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification Wintersburg Rd. 28’ 40’ Parkway Adopted Plan: Tonopah/Arlington Area Plan (adopted September 6, 2000): The subject site’s land use designation is Community Retail Center. The 3.4 acres for the subject site would fall within the 100,000 sq. ft. – 500,000 sq. ft floor area requirement for this development type. Additionally, the C-2 zoning would permit the subject site’s land use designation. Land Use Designation Map – subject site within the Community Retail Center land use designation. Public Participation Summary: 7. The applicant met all minimum public notification requirements and received no opposition from the public. They were able to meet 4 of the 5 residents to the west of the subject site where only Z260003 Page 6 of 7 one resident expressed concerns with the potential impact to drainage and flooding to the area. It was explained that future development would be subject to an engineering review and approval during the Plan of Development phase. 8. Staff received one letter of support from a local nonprofit organization in the Tonopah area interested in community development. They support the development and welcome additional commercial uses in the area and specifically at the location. Outstanding Concerns from Reviewing Agencies: 9. N/A Staff Analysis: 10. Staff is supportive of the rezoning of this parcel to C-2. The current split zoning indicates previous intentions of commercial uses on the parcel. The proximity to the major intersection of Wintersburg Rd. and Salome Hwy. allows for appropriate commercial development. This is how it’s designated under the Tonopah Arlington Area Plan. There is existing retail use at the immediate arterial corner. The area around the arterial intersection is expected to continue developing as a community retail node. There is local community support for the commercial zoning. Recommendation: 11. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z260003 subject to the following 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. Z260003 Page 7 of 7 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. Presented by: Andrew Lorentzen, Planner Reviewed by: Rachel Applegate, Planning Supervisor Attachments: Case Map (1 page) Zoning Exhibit (1 page) Narrative Report/Ex. Summary (12 pages) Engineering Comments (2 pages) MCDOT comments (2 pages) MCESD comments (2 pages) Support Letter (1 page) / Maricopa County Planning & Development - Phoenix, AZ 4 Gross Acres: 3 approx. Generated April 22, 2026 3:47 PM Z260003 Application Name: Legal Description Martinez Village Shops Applicant Case Address 1N 6W 16 Ed Reichenberg 1996 S WINTERSBURG RD Applicant Phone/Email Parcel Primary:506-44-076Z (602) 367-0464 TONOPAH, AZ 85354 Map scale 1:1,714 Supervisor District No. Martinez Village Shops Zoning Exhibit Current Zoning Proposed Zoning No TIS/TS was submitted for MCDOT Review for this Rezoning request. Applicant must submit a TIS/TS, prepared as per the latest MCDOT TIS Manual, for MCDOT TSMO review and approval during the POD Application. Page 1 of 2 Anh Harambasic, PE Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-3611 www.maricopa.gov/planning Email address: anh.harambasic@maricopa.go v Planning & Development Engineering Plan Review Date: February 10, 2026 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Andrew Lorentzen, Planner, Planning & Development Services From: Anh Harambasic, P.E. Engineering Plans Reviewer, Planning and Development Services. cc: Doug Jones, P.E., Engineering Supervisor, Planning & Development Services Subject: Zone Change request without a plan of development for Martinez Village Shops Job Site Address: 1996 S. Wintersburg Rd Tonopah, AZ 85354 APN(s): 506-44-076Z This applicant is requesting in their narrative a zone change from RU-43 to C-2 Commercial for a portion of the subject parcel. The total rezone request will be for 2.48 acres of the total 3.48 acre parcel. This zone change application was presented without a plan of development, currently no end users for the site have been identified. PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the 1st submittal of the zone change request application routed for review on 1.20.2026 and has no objections to the zone change subject to the following conditions: 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. Page 2 of 2 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. Please contact me if you have any questions or require any additional information. Engineering Division 2901 W. Durango Street Phoenix, Arizona 85009 P: 602.506.4889 F: 602.506.5969 MCDOT Planning TAC Comments Date: February 17, 2026 TAC Assigned Number: Z260003 APN: 506-44-076Z Description of Request: Zone Change – Rural-43 & C-2 to C-2 CUPD Project Name: Marinez Village Shops (C-2 Rezone) Reviewer Contact Information For any questions related to the comments herein please contact MCDOTPlanning@maricopa.gov or 602-506-4619. Comments • Wintersburg Road is classified as an urban principal arterial requiring fee dedication of a 65-foot half street from the section line per the Maricopa County Zoning Ordinance Section 804. o It is the developer's responsibility to determine if the existing right of way is fee simple, if it is not then the developer will need to provide the right of way in said form. o Applicant is required to provide, at applicant’s expense, an American Land Title Association (“ALTA”) Owner’s Policy of Title Insurance showing title vested in Maricopa County, a political subdivision of the State of Arizona. o Dedication shall be completed by time of permit approval or case closeout if no MCDOT permit is required. • The above comments do not include identification of utilities or underground facilities within or adjacent to the required right-of-way that may have prior rights and/or require relocation. • Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic based on a submitted TIA/TIS and the above roadway classifications. o If a TIA/TIS has been previously submitted, approval is valid for one year. If review for construction is not underway within this time period, MCDOT may request an updated traffic report to assess any changes in condition. • A mid-section line alignment is located on the northern perimeter of the proposed development requiring the setback line to start from a future half street Right-of-Way of 40- feet per the Maricopa County Zoning Ordinance Section 805. • This project is located within or adjacent to a programmed MCDOT Transportation Improvement Program (TIP) TT0732 Wintersburg Road Van Buren Street to Salome Highway. Please coordinate with the assigned MCDOT Project Manager, Ben Kwong (602- Engineering Division 2901 W. Durango Street Phoenix, Arizona 85009 P: 602.506.4889 F: 602.506.5969 Z260003 2/17/2026 Page 2 506-4611 or ben.kwong@maricopa.gov). This may include the necessity of an In-Lieu process for cost share of project and additional Right-of-Way dedication. Page | 1 Subdivision Infrastructure & Planning Program 301 W. Jefferson St. Phoenix, AZ 85003 S u b d i vi s io n @ m a ri co p a .go v e s d .m a r i c o pa .g o v The Maricopa County Environmental Services Department (MCESD) has completed review for the Martinez Village Shops Rezone planning case(s). Please note the following MCESD requirements for site development: Onsite Wastewater (Septic) – A Notice of Intent to Discharge application for a septic system is required for any construction. Application must be submitted to the MCESD Onsite Wastewater Program. • Wastewater is not permitted to discharge to an adjacent parcel’s septic system. • If conducting food service in unincorporated Maricopa, a grease trap will be required by Onsite Wastewater program. • Setback requirements must be maintained per Arizona Administrative Code, Title 18, Chapter 9, Article 312, C (Features Requiring Setbacks). For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506- 6666 or by email at septicquestions@maricopa.gov. Drinking Water – Per the Safe Drinking Water Act, any water system that supplies more than 25 people or 15 service connections per day for at least 60 days per year is classified as a Public Water System (PWS). • If the above criteria are met, a Public Water System application and a New Source Approval application are required and must be submitted to the MCESD’s Drinking Water Program. A water quality analysis report will be required with submittal and is good within one-year of testing. Per the Safe Drinking Water Act, a Community Water System (CWS) is defined as a Public Water System that serves the same 25 or more year-round residents. A Non-Transient Non- Project Name: Martinez Village Shops Rezone Primary Contact Name: Ed Reichenberg Planning Application Type: Zone Change APN(s): 566-44-076Z Reviewer: Elliott Wheaton, P.E. Email: Elliott.Wheaton@maricopa.gov Phone: 602-376-6035 Planner Name: Andrew Lorentzen Planning Case #: Z260003 Date: February 10, 2026 Water and Waste Management Division Page | 2 Community Water System (NTNCWS) is defined as a Public Water System that serves the same 25 or more persons for at least six months per year. If a new CWS or NTNCWS is being created, then the following major requirements must be complete prior to the issuance of a CWS or NTNCWS permit: 1. The Arizona Department of Environmental Quality (ADEQ) requires new CWS and NTNCWS to submit an Elementary Business Plan. • Please contact ADEQ at capdev@azdeq.gov for more information on this requirement. 2. New Source Approval is required for both groundwater and surface water sources. 3. Engineering Approval may be required by MCESD Subdivision and/or Treatment Programs. 4. Certified Operator - All public water systems must obtain the services of a certified water operator. A Public Water System application and a New Source Approval application are required and must be submitted to the MCESD Drinking Water Program. An Approval to Construct application is required to be submitted to the MCESD’s Treatment Program for all PWS water treatment facilities. • For questions, please contact the Water/Wastewater Treatment Program at (602) 372-2861 or email treatmentplantprogram@maricopa.gov An Approval to Construct application is required to be submitted to the MCESD’s Subdivision & Infrastructure Program for all PWS water system infrastructure. • For questions, please contact the Subdivision and Infrastructure Program at (602) 506-1058 or email subdivision@maricopa.gov For additional Drinking Water related questions, please contact the Drinking Water program at (602) 506-6935 or by email at sdwquestions@maricopa.gov. Additional Notes – *It should be noted that this document does not approve the referenced project. Comments are provided for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County Planning and Development Department. Other Maricopa County agencies may have additional requirements. Final review and approval will be made through Planning and Development Department procedures. Applicant may need to submit separate applications to the Maricopa County Environmental Services Department for approval of proposed facilities regulated by the Department. Review of any such application will be based on current regulations at the time of application. Date: February 9, 2026 From: STOPP PO Box 1075 Tonopah, AZ 85354 To: Andrew Lorentzen Planner Andrew.lorentzen@maricopa.gov Maricopa County Planning & Development Department 301 W. Jefferson St. Suite 170 Phoenix, AZ 85003 Re: Plan Number Z260003 Dear Mr. Lorentzen, Support Tonopah Opportunities, Progress, & Preservation (STOPP), Inc. is a non-profit organization “committed to protecting the communal and social well being for the Community of Tonopah…” We have reviewed the Notification Letter for the zone change from Rural-43 to C-2 Commercial to create Martinez Village Shop at the following location: about 500-feet north of Salome Highway and Wintersburg Road. We support the proposed change and welcome shops and commerce that will provide goods and services to the Tonopah community. Sincerely, Daniel E. Blackson Daniel E. Blackson STOPP, Inc. Chairman ECc: Ed Reichenberg STOPP Board Members