For those of you who sent in emails of opposition to HB2191, you may have received a response from LD5 House Representative Sarah Liguori. The NCPHA wants you to have the information to make an informed decision on HB2191.
First of all, we believe what was sent out by Rep. Liguori is not the final version of what this bill would look like when and if it comes to a vote by the legislature. We understand that this amendment is being amended further but we are not privy to more information than that. We really don’t know what will be voted on. We do know that no one is asking us for amendments or suggestions to make HB2191 better.
What Rep. Liguori sent out is a complex bill which we have attempted to describe in layman’s terms below.
This proposed bill, if approved, would allow single-family and multifamily residential housing development (defined as detached single family homes, duplexes, triplexes, and apartments that are intended for use as permanent housing, and including a density bonus of 20% above the maximum allowed under the existing zoning or 17 units per acre, whichever is less) on any site with 3 acres or more on one or more contiguous parcels if the development meets the following criteria:
1. Is not within 75 feet of a neighboring site (which is defined as a parcel that directly abuts an eligible site along an existing road)
2. Has at least 1 parking space per unit or less as long as it meets the municipal zoning ordinance requirements for parking
3. Meets local regulations for water and sewer
4. Has been used continuously and primarily for worship, is tax exempt as religious property and will continue to be used and maintained by the religious institution
5. Will be subject to a recorded deed restriction that requires at least 40% to be used exclusively for low-income households (defined as households with an income that is 80% of the area’s median income and for which the occupant pays not more than 30% of their income for rent or mortgage as determined by the AZ Dept. of Housing and US HUD).
6. Doesn’t include land in the vicinity of federal aviation administration public, military, or commercially licensed airports or any historic zones or is zoned for industrial use or is within half a mile of an industrial use, an airport, or a military base.
7. Has been owned and maintained by a religious institution prior to Jan. 1, 2025 and has been used continuously and primarily for religious worship and is tax exempt under state law.
There are also design provisions that should be followed for development under this bill:
· Height requirements (not more than 38 feet, not more than 30 feet or 2 stories if within 150 feet of a single-family zoning district)
· Minimum setbacks:
o 20 feet for front setback
o 15 feet for side yard setback
o 20 feet for a rear yard setback.
· Maximum Lot Coverage is 80%.
Municipalities cannot impose any additional restrictions but can require:
· permits and other requirements that are typically required of other developments without a public hearing.
· onsite and offsite improvements, impact fees, plans, and compliance with other requirements, the same as for a comparable project not subject to the bill.
Prior to the issuance of a certificate of occupancy, the religious institution must record a deed restriction that requires at least 40% of the housing be used for low income households for 55 years.
Religious institutions acting under this bill shall notify the county assessor that the property is no longer used for purposes that would qualify for tax exemption.
In addition to the definitions that are worked into the above description of the bill, there are definitions of “allowed use development,” and “religious institution.” I don’t believe either of them materially changes the description of the bill above.
Since our LD 5 House Representative Sarah Liguori is co-sponsor of this bill, she obviously supports it. However, it is very disappointing to learn that she has been working on this over the last 18 months and has not reached out once to any resident living next to a church property, nor any neighborhood leader or organization in a church-dense location, like North Central where we have 100 acres of church property. No one on the NCPHA board was included in drafting the bill or the amendments.
Sending in your emails of opposition is the ONLY voice we have. As a result, we are seeing some movement on changing the original bill. The current version of this bill is more reasonable than the previous version, so we are making a difference. However, there are many questions that we will continue to ask to make sure any State housing bill will be reasonable and effective and will not hurt our area.
Here is an example of how this proposed legislation could negatively impact No. Central.
Back in 2018, Church for the Nations sold off 2.5 acres on the east side of their 12+acre parcel to Blue Sky Homes. Complying with local zoning, the developer, without variances or a re-zoning was able to legally build 8 homes. To the developer’s credit, the homes are low profile and blend nicely into the surrounding neighborhood. The perimeters of the development are heavily landscaped, which is a North Central characteristic.
If this property were eligible under this version of HB2191, they could have built 9 or perhaps 10 homes, some of them duplexes or triplexes, and (if 10 units of housing), 4 would provide homes for low-income families. The Church would need to continue to own the property and maintain the homes. The buildings could be two-story or 30 feet because they are adjacent to residential homes and they would be built according to the setbacks described above.
This is more reasonable than what would have been developed under the previous version of the bill, which could have allowed the construction of a building as tall as the nearest building in .25 miles (the church steeple?) with an unknown high-density impact. The original version might or might not have included any affordable housing depending upon the available financing. But it still raises questions about property management and how this would work in practice.
Unanswered questions and concerns we have about HB2191:
1. Parking: Many of our religious institutions are on Central Avenue and/or other arterial streets that have NO parking. Most border narrow local streets like Montebello, Rose Lane. Since this bill does not require the developer to meet or exceed local parking requirements, where will people park? The proposed bill requires 1 parking space per unit or possibly less.
2. Removing public input. HB2191 undermines existing State law requiring voter-approved city growth plans (General Plans). How can this bill be legal? Reference: The Arizona Constitution, Article 2, Section 4.
3. This bill prevents informing the public of radical zoning changes in their neighborhoods by eliminating rezoning requirements.
4. North Central is known for its shade canopy. It appears that local oversight regarding heat islands and shade may not be a requirement for these new developments. Will the historic olive and oak trees be protected, or will they be removed to make roads and driveways into additional homes/duplexes/triplexes/4-plexes/apartments?
5. It isn’t clear what would happen if the church closes or decides to move. Who would take over the maintenance of the housing? Does the land use exception stay with the property? Does the parcel revert to the original underlying zoning?
6. With 40% of the dwelling units to be used exclusively for low-income housing, who will qualify the residents and manage that? The State? The City? The church? The developer? The bill states that the requirement for 40% use for low-income housing is for a period of 55 years. Again, who will ensure that?
7. If 40% of the units built will be dedicated to low-income housing, what about the other 60%? Will these units be for profit? Will churches, who already benefit from tax exempt status now be running profitable apartments complexes or home rentals?
8. There is NO provision in the bill that states corporations or investors are prohibited from purchasing multiple units.
9. There is NO provision in the bill that ensures these units will not become Short-Term vacation rentals.
10. There is no provision for the size and scope of these developments. For example, if a religious institution has 20 acres, does this mean 18 of it can be housing development with 2 acres church-related? For a 6-acre parcel, can 50% or more become housing? The impact would be substantial on parcels with large acreage and we have many houses of worship on acreages of more than 10 acres in our neighborhood, with North Phoenix Baptist Church at more than 30 acres. See list below.
11. Will this proposed housing bill override the North Central Avenue Special Planning District, which is a neighborhood initiative voted into City Ordinance in July 2004? This conservation overlay is essential to the charm and character of North Central Avenue and should not be eradicated.
We fully understand the intent of the bill, however, there are still several potential negative consequences and questions about the bill as written. Unfortunately, we are in the dark because we have been left out of this process. We have no idea what this bill will look like tomorrow and whether we will have to send out another email breaking down the new bill. Part of the concern we have had about this process is that neither constituents nor legislators are given time to thoughtfully consider bills and amendments before they are brought to a vote.
Naturally, we remain interested in having a dialogue about HB2191 with Rep. Liguori.
If you want to voice your opinion about this, please email our LD5 senator Lela Alston (lalston@azleg.gov) and representatives, Sarah Liguori (sliguori@azleg.gov) and Aaron Marquez (amarquez@azleg.gov ).
Below is a list of religious institutions in our NCPHA area. Eight out of 13 would be eligible to build higher density with HB2191.
Crossroads
7901 N. Central Ave.
4.63 acres
Living Streams
7002 N. Central Ave.
5.94 acres
Beatitudes
555 W. Glendale Ave
4.85 acres
Phoenix Calvary Temple
6630 N. Central Ave.
2.75 acres
All Saints
6300 N. Central Ave.
14.21 acres
Self-Realization Church
6111 N. Central Ave.
2.96 acres
Church For Nations
6225 N. Central Ave.
10.84 acres
Shearim Torah
6530 N. 7th St.
1.66 acres
North Phoenix Baptist
5757 N. Central Ave.
37.16 acres
Phoenix Hebrew Academy
337 E. Bethany Home Road
3.78 acres.
The Gathering Place Church
5536 N. 6th Street
2.53 acres
First United Methodist
5516 N. Central Ave.
5.52 acres
Jesus 1st Church
498 W. Missouri
1.88 acres
Total Acreage: 98.71 acres