06.BA260062 BOA Staff Report

Maricopa County — Board of Adjustment (2026-08-13)

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Report to the Board of Adjustment
Prepared by the Maricopa County Planning and Development Department

Case:

BA260062 – Rio Verde Water Reclamation Facility

Hearing Date:

August 13, 2026

Supervisor District:

2
____________________________________________________________________________________________

Applicant:
Keith Johnson, Cloacina LLC

Property Owner:
EPCOR Water Arizona, Inc.

Requests:
Variance to the development standards of the Maricopa County Zoning
Ordinance to permit:

1)
Proposed front setback of 5’ where 20’ is the minimum permitted per
MCZO Article 502

2)
Proposed side setback of 5’ where 10' is the minimum permitted adjacent
to residential zoning per MCZO Article 502

Site Location:
APNs 219-43-859A and 219-43-859B @ 25202 N. Forest Rd. in the Rio
Verde area

Site Size:

63,650 sq. ft.

Current Use / Zoning:
Water Reclamation Facility / IND-2

Open Violation:
N/A

Background:

1.
December 22, 1970: Per Z70-135, the subject site is zoned IND-2.

2.
June 5, 1984: Per MCR 1984-0242256, the Rio Verde Unit 9 subdivision is platted. The subject
site is designated as “Tract S”.

3.
September 3, 1984: Per Z83-170, Tract S appears to have been split. A cable tv reception and
distribution facility is permitted on APN 219-43-859B.

4.
January 22, 1985: Per Z85-13, a sewage treatment facility is established on APN 219-43-859A.

5.
June 18, 1993: Rio Verde Utilities (Succeeded by Epcor Water Arizona, Inc.) Inc takes possession of
the APN 219-43-859A via special warranty deed MCR 1993-0387074.

6.
February 1, 2008: Rio Verde Utilities (Succeeded by Epcor Water Arizona, Inc.) Inc takes possession
of the APN 219-43-859A via warranty deed MCR 2008-0092352.

7.
April 28, 2026: A pre-application meeting is held with the applicant to discuss development of the
membrane bioreactor.

Page 2 of 11

8.
June 23, 2026: An application for a residential variance is submitted.

Existing On-Site and Surrounding Zoning/Land Use:

9.
On-site:
IND-2 / Water reclamation facility

North:
R1-8 / Vacant tract
South:
Forest Rd. / County-maintained right-of-way
East:

Rural-190 / Tonto National Forest

West:
Forest Rd. then R1-8 / Single-family residences

Variance Requests:

10.
The applicant proposes to develop a new membrane bioreactor within Tract S of the Rio Verde
Unit 9 subdivision. Located within the Rio Verde area, the subject site is zoned IND-2 and is
comprised of two contiguous parcels that are under the same ownership and that will be
combined into a single parcel. It is currently occupied by a water reclamation facility owned by
EPCOR Water Arizona, Inc. The new structure will be 238’ x 44’, or 10,472 sq. ft. and will be a
height of 23’ -9’’. Additionally, it will be located 5’ from the west property line (front), and 5’ from
the south property line (side).

11.
The combined square footage of the subject site is 63,650 or 1.46 acres. Development will consist
of several new structures such as the membrane bioreactor, a new emergency generator, and a
new lift station. It will also include a plant conversion to a chlorination contact chamber, and the
removal of sludge tanks. However, only the proposed location of the membrane bioreactor
requires setback relief from the base IND-2 development standards. Overall, the subject site’s lot
coverage will be 23,761 sq. ft. or 37.3 percent.

Site plan

Page 3 of 11

Elevation

Photographs of subject site

Page 4 of 11

Page 5 of 11

Site Analysis:

12.
The subject site consists of two contiguous parcels that were formerly a single designated tract.
It is located directly east of the Tonto National Forest and sits at a higher elevation point than the
surrounding area. To the subject site’s southwest is a FEMA designated floodway and floodplain.
Additionally, to its north is open space, a mostly vacant tract, and further north, a golf course.

13.
The subject site was designed with an irregular shape that confers it with an unusual lot
orientation. Its two side property lines do not run parallel to each other, nor do its front and rear
yards. The depth from the front yard (east) to the side is unusually short for an IND-2 zoned parcel.
In addition to its irregular shape, its zoning designation is anomalous to the subdivision which
features a mix of different zoning districts that were approved in 1970.

Page 6 of 11

Aerial photo of subject site

Aerial image & surrounding environs

Page 7 of 11

Eagle view of subject site looking northeast into subject parcel (aerial image dated 10/18/2020).

Floodplain and Elevation Contours

Page 8 of 11

Zoning District map

Zoning District Standards:

14.
The following table is included to illustrate and contrast the standards for the underlying zoning
district with those proposed by the owner (Note: changes to proposed standards are indicated in
bold).

Standard

IND-2
Zoning
District
Proposed with
Variance
Min. Front Yard Setback (west property line)
20-feet
5-feet
Min. Rear Yard Setback ( north property line)
10-feet
n/a
Min. Side Yard Setback Adjacent to Residential (east
property line)
10-feet
5-feet
Min. Side Yard Setback Adjacent to Residential (north
property line)
10-feet
n/a
Maximum Height
60-feet
n/a
Minimum Lot Area
6,000-sq. ft.
n/a
Minimum Lot Width
60-feet
n/a
Lot Coverage
60%
n/a

Note: Standards indicated in bold do not meet base zoning standards

State Statute / County Zoning Ordinance Tests - ARS § 11-816.B.2 and MCZO Article 303.2.2 states the
Board of Adjustment may, “Allow a variance from the terms of the ordinance if, owing to peculiar
conditions, a strict interpretation would work an unnecessary hardship and if in granting the variance the
general intent and purposes of the zoning ordinance will be preserved.”

Page 9 of 11

15.
Statutory Test -1 Does the applicant’s property contain any peculiar condition– Discuss and
explain what is/are the peculiar conditions facing the property and include reference to the
Maricopa County Zoning Ordinance Regulations or Development Standards to be varied.

Variance 1

“As mentioned above, this property is being used as a WRF that currently serves the Rio Verde
community. The request today comes about because an a new WRF is necessary to serve the
needs of the community. The existing WRF must continue to operate during the construction of
the new WRF in order for the community to maintain the current sewer services. Due to the
irregular shaped lot, it is impossible to put the new WRF on the site in a manner that will meet
the setback requirements set out in the ordinance. The new WRF will be producing class A
effluent which will allow the owner to reclaim the effluent. The new WRF will benefit EPCOR’s
entire certificated service area in Rio Verde.”

Variance 2

“As discussed above, this property is being used as a WRF that currently serves the Rio Verde
community. The request today comes about because an a new WRF is needed to serve the needs
of the community. The existing WRF must continue to operate during the construction of the
new WRF in order for the community to maintain the current sewer services. Due to the irregular
shaped lot, it is impossible to put the new WRF on the site in a manner that will meet the setback
requirements set out in the ordinance. The new WRF will be producing class A effluent which
will allow the owner to reclaim the effluent.”

16.
Statutory Test 2 – Does applying the requirements of the Ordinance to the applicant’s property
create an Unnecessary Hardship – Explain how the peculiar condition identified in #1 causes an
unnecessary hardship to the property when the requirements of the Maricopa County Zoning
Ordinance are applied. Explain how the that the peculiar condition of the property came to be and
whether the condition was created by the applicant or someone in the property’s line of title.
Explain the proposed use of the property with the variance request. Identify and explain all
peculiar conditions on your property in regard to the following areas: slope, narrowness,
shallowness, irregular shape, location, washes, vegetation, and easements, etc. Explain how
enforcement of the Zoning Regulations or Development Standards would impose a hardship on
the property.

Variance 1

“As demonstrated by the enclosed exhibits, the Property is faced with peculiar conditions. This is
an irregularly shaped lot that shares a boundary with the national forest. The irregular shaped lot
was created by the road alignment and the boundaries of the national forest. The property is
providing a critical service to the community and granting this variance will allow that service to
continue.”

Variance 2

Page 10 of 11

17.
Statutory Test 3 – General Intent and Purpose of the Zoning Ordinance – Discuss the purpose
of the zoning requirement from which the variance is being sought. Then, discuss and explain
how, provided statutory tests #1 and #2 are satisfied, the granting of the requested variance
would preserve the general intent and purpose of the Zoning Ordinance.

Variance 1

“The requested variance will not result in any adverse impact to the intent and purpose of the
zoning ordinance. In fact, granting of the variance will help promote the intent and purpose of
the zoning ordinance. Section 103 lays out the purpose of the Zoning Ordinance. It states “ the
Ordinance is designed to promote the public health, peace, safety, comfort, convenience and
general welfare of the citizens of Maricopa County.” Allowing the new WRF to be built ensures
the citizens of this area will continue to receive safe, reliable sewer service while allowing the
utility to reclaim the effluent which will greatly benefit not only the citizens in the immediate
area but all of Maricopa County.”

Variance 2

“In conclusion, the variances requested meet the statutory test. The granting of these variances
will promote the purpose and intent of the zoning ordinance and ensure members of this
community will continue to receive safe reliable sewer service.”

Findings:

18.
The applicant has the burden of proving to the Board that, in accordance with the standard set
forth in ARS §11-816.B.2 and MCZO Article 303.2.2, the property requires a variance. To grant the
relief, the applicant must prove, and the Board must find and identify, a physical condition of the
applicant’s property that is peculiar and not common to the area or the universe of the zoning
district. Also, any such peculiarity must not have been created either by the applicant or anyone
in the chain of title. If the Board determines that there is no such peculiar physical condition, its
inquiry stops, and the application must be denied.

If the Board identifies a peculiar physical condition of the applicant’s property which is not self-
imposed, then the applicant must prove, and the Board must find and identify, an unnecessary
hardship imposed upon the property due to the strict application of the requirements of the zoning
ordinance which the applicant wishes to have varied such that there is no viable use of the
property without the variance.

If the Board identifies a peculiar physical condition of the property which is not self-imposed, and
that in applying the requirements of the zoning ordinance to the property, because of the peculiar
physical condition, an unnecessary hardship exists, the applicant must prove, and the Board must
find and identify, how the granting of the variance will preserve the general intent and purpose of
the zoning ordinance.

Page 11 of 11

In order to approve the variance the Board must make findings and articulate them in motion
memorializing the above.

19.
Based upon what the applicant has submitted and the staff analysis in this report, staff offers the
following observations the Board may consider in its findings:

•
Staff identifies the presence of Tonto National Forest as contributing to the lots irregular
shape and dimensions. Additionally, the subject site will be returned to its intended form as
originally platted as one unified parcel.

Development as proposed is unlikely to negatively impact the integrity of the zoning ordinance
because future development is severely limited by the vicinity’s natural topography and the
subdivision’s intentional design.

•
The IND-2 zoning predates the existence of the Rio Verde Unit 9 subdivision, and the platting
configuration likely did not take this zoning anomaly into consideration.

20.
And further, if the Board finds the applicant has satisfied the statutory test, and has stated its
findings on the record, the grant of this variance will memorialize the following:

a)
Variance approval establishes a 5’ (west) setback line for Tract S of Rio Verde Unit 9
(consolidation of APNs 219-43-859A and 219-43-859B).

b)
Variance approval establishes a 5’ (south) setback line for Tract S of Rio Verde Unit 9
(consolidation of APNs 219-43-859A and 219-43-859B).

Presented by:
Isaac Perez, Planner
Reviewed by:
Darren V. Gérard, AICP, Planning Manager

Attachments:
Case Map (1 page)

Application / Supplemental Questionnaire (8 pages)

Site Plan (1 page)

/
Maricopa County Planning & Development - Phoenix, AZ
2
Gross Acres: 2 approx.
Generated July 29, 2026 8:50 AM
BA260062
Application Name:
Legal Description
EPCOR Rio Verde Water Reclamation Facility
Applicant
Case Address
4N-7E-6
Sandy Ochoa
25202 N FOREST RD RIO VERDE, AZ 85263
Applicant Phone/Email
Parcel Primary:219-43-859A
(480) 454-1799
RIO VERDE, AZ 85263
Map scale 1:1,157
Supervisor District No.
Request for two non-residential setback variances for the existing EPCOR Rio Verde Water Reclamation
Facility at 25202 N. Forest Rd. (APN 219-43-859A & 219-43-859B, IND-2): east side setback from 10 ft to 5

Received 06/23/2026

EPCOR RIO VERDE WATER RECLAMATION FACILITY
Variance for Setbacks
25202 N. Forest Rd. Rio Verde

Maricopa County
BOA Submittal – TBD

Received 06/23/2026

TABLE OF CONTENTS

3
SUMMARY OF REQUEST
3
THE PROPERTY
3
VARIANCE #1 TEST
4
VARIANCE #2 TEST
5
CONCLUSION

Summary of Request

The Applicant, on behalf of EPCOR Water Arizona Inc., requests 2 variances for a Water
Reclamation Facility (“WRF”) located on industrial zoned land in unincorporated Maricopa
County to remedy existing hardships that were not imposed by the applicant. The requests are
to allow for 5 foot setback on the east property line where 10 feet is required and for a 5 foot
setback from the street frontage where 20 is required. The property is zoned IND/2 and currently
used as a WRF.

Variance Requests

Section 506 – East side setback from 10 feet to 5 feet
Section 506 – Front setback from 20 feet to 5 feet

Description of Property

The property is in the Rio Verde area and is identified as Maricopa Assessor Parcel Numbers
219-43-859A and 219-43-859B1 (the “Property”). The Property is 1.46 acres in size and has an
address of 25202 N. Forest Rd. Please see Exhibits 3 and 4 for aerial imagery and contextual
imagery of the Property. The Property is located within unincorporated Maricopa County (the
“County”) and is zoned I-2 and is used by EPCOR as a WRF. The property is located on Forest
Road with national forest to the east and south, golf course to the north and single family
residential to the west.
Variance Test

The proposed variances must meet the statutory variance test which states that “The Board of
Adjustment may allow a variance from the terms of the ordinance when, owing to peculiar
conditions, a strict interpretation would work an unnecessary hardship, if in granting such
variance the general intent and purposes of the zoning ordinance will be preserved.” ARS 11-
816.B.2. The three-part test is defined below.

Variance #1 – A request to decrease the east side setback from 10 feet to 5 feet.

1. Explain why you wish to use the property without meeting the present requirements.
Identify and explain all peculiar conditions on your property in regard to the following

1 These parcels are in the process of being combined. The variances will still be needed once the parcels are
combined.

4
areas: slope, narrowness, shallowness, irregular shape, location, washes, vegetation,
and easements, etc. and how the conditions result in an unnecessary hardship.

As mentioned above, this property is being used as a WRF that currently serves the Rio Verde
community. The request today comes about because an a new WRF is necessary to serve the
needs of the community. The existing WRF must continue to operate during the construction of
the new WRF in order for the community to maintain the current sewer services. Due to the
irregular shaped lot, it is impossible to put the new WRF on the site in a manner that will meet
the setback requirements set out in the ordinance. The new WRF will be producing class A
effluent which will allow the owner to reclaim the effluent. The new WRF will benefit EPCOR’s
entire certificated service area in Rio Verde.

2. Explain why the unnecessary hardships are created because of the peculiar conditions
and the peculiar conditions was not self-created.

As demonstrated by the enclosed exhibits, the Property is faced with peculiar conditions. This is
an irregularly shaped lot that shares a boundary with the national forest. The irregular shaped lot
was created by the road alignment and the boundaries of the national forest. The property is
providing a critical service to the community and granting this variance will allow that service to
continue.

3. Explain how the granting of a variance would not result in an adverse impact to the
general intent and purposes of the zoning ordinance.

The requested variance will not result in any adverse impact to the intent and purpose of the
zoning ordinance. In fact, granting of the variance will help promote the intent and purpose of
the zoning ordinance. Section 103 lays out the purpose of the Zoning Ordinance. It states “ the
Ordinance is designed to promote the public health, peace, safety, comfort, convenience and
general welfare of the citizens of Maricopa County.” Allowing the new WRF to be built ensures
the citizens of this area will continue to receive safe, reliable sewer service while allowing the
utility to reclaim the effluent which will greatly benefit not only the citizens in the immediate
area but all of Maricopa County.

Variance #2 – A request to decrease from street frontage setback from 20 feet to 5 feet.

1. Explain why you wish to use the property without meeting the present requirements.
Identify and explain all peculiar conditions on your property in regard to the following
areas: slope, narrowness, shallowness, irregular shape, location, washes, vegetation,
and easements, etc. and how the conditions result in an unnecessary hardship.

As discussed above, this property is being used as a WRF that currently serves the Rio Verde
community. The request today comes about because an a new WRF is needed to serve the needs
of the community. The existing WRF must continue to operate during the construction of the
new WRF in order for the community to maintain the current sewer services. Due to the irregular

5
shaped lot, it is impossible to put the new WRF on the site in a manner that will meet the setback
requirements set out in the ordinance. The new WRF will be producing class A effluent which
will allow the owner to reclaim the effluent.

2. Explain why the unnecessary hardships are created because of the peculiar conditions
and the peculiar condition was not self-created.

3. Explain how the granting of a variance would not result in an adverse impact to the
general intent and purposes of the zoning ordinance.

Conclusion

In conclusion, the variances requested meet the statutory test. The granting of these variances
will promote the purpose and intent of the zoning ordinance and ensure members of this
community will continue to receive safe reliable sewer service.

GEN.
FF=1553.2
GEN.
MISC.
ECAB
ECAB
FF=1553.3
FF=1553.3
FF=1553.6
ELEC. TRANS.
ECAB/TRANS
FF=1554.3
WATER TREATMENT AREA
WATER TREATMENT AREA
RAISED CONC.
DECK
RAISED CONC.
DECK
BELOW GRADE
CONC. DECK
BELOW GRADE
CONC. DECK
CONTAINER
CONTAINER
CONTAINER
EQ
(97'x45')
SCREEN PLATFORM AND
DUMPSTER
(13'x22')
STAINLESS SLUDGE
HOLDING TANK
(10'x50')
NEW LIFT STATION (8' DIA. WELL)
WITH ABOVE-GROUND VALVE MANIFOLD
CHEMICAL FEED /
BULK STORAGE
NEW ON-SITE MANHOLE (6')
NEW SWITCH GEAR
THIS SECTION OF PLANT 2 TO BE
CONVERTED TO CHLORINATION
CONTACT CHAMBER
(45'x20')
EXISTING LOT LINE TO BE VACATED
PLANT 1 TO BE CONVERTED TO
EMERGENCY EQ/STORAGE
EXISTING DEWATERING
PRESS BUILDING AND
EQUIPMENT TO BE
REMOVED
EXISTING SLUDGE TANKS SOUTH OF THIS
TANK TO BE REMOVED. REMAINING SLUDGE
TANKS TO BE REMOVED OR FILLED WITH CDF.
5' SETBACK
±49'
DEWATERING PRESS (20'x14'
NEW EMERGENCY
GENERATOR
(20'x8')
SODIUM HYPOLCHLORITE
STORAGE TANK
(30'x16')
SODIUM BISULFITE
STORAGE TANK
BLOWER (3'x3')
5'
SETBACK
S50°13'33"W - 132.33'
S89°49'22"W - 179.55'
S00°10'38"E - 350.98'
N89°45'56"E - 65.57'
S00°10'38"E - 100.05'
R:1498, LEN:226.53, CHORD:S35°28
'46.27"W, CHORD LEN:226.32
N39°48'38"W - 236.30'
N. FOREST ROAD
132' RIGHT-OF-WAY
FRONT PROPERTY LINE
OTHER SIDE LOT LINE
REAR LOT LINE
RIGHT SIDE PROPERTY LINE
NEW MEMBRANE BIOREACTOR
(238'x44')
16.0'
27.2'
19.0'
88.5'
10.7'
19.3'
35.6'
15.6'
12.6'
48.3'
40.5'
23.8'
112.9'
TONTO NATIONAL
FOREST
5.0' SETBACK
5.0' SETBACK
5.0' SETBACK
5.0'
SETBACK
57.0'
42.6'
(30'x30')
WATER
TREATMENT
AREA
(126'x43')
50
10
30
20
1" = 20'
0
GRAPHIC SCALE
RIO VERDE
DATE
DSGN BY
DRWN BY
11/JUN/26
RA/DH/LG
LD
PLAN REVIEWED BY
SHEET
THIS PLAN SET IS THE SOLE PROPERTY OF THE ENGINEER. NO ALTERATIONS TO THESE PLANS ARE ALLOWED WITHOUT WRITTEN AUTHORIZATION FROM EPCOR
DATE
FOR EPCOR USE ONLY
225221
DATE
PLAN APPROVED BY
REV
REV DATE
DESCRIPTION
ADC
AZ
480 454 1799
WA
253 203 1200
OF ...
1
VARIANCE REQUEST - SITE PLAN
1
EPCOR WATER - RIO VERDE WRF
25202 N. FOREST ROAD
APN: 219-43-859A AND 219-43-859B
N
Received 06/23/2026