Discussion
Mayor Gallego reported items 71 and 72 were related items and were going to be heard together. She introduced both items and stated there would be one public hearing but two separate votes.
Mayor Gallego thanked everyone who worked on this as extensive research was conducted by multiple departments regarding a wide range of issues brought up by the community as well as councilmembers. She recalled this all started by a mandate passed by the legislature and reported the City received correspondence from State Legislators Aaron Marquez and Matt Gress, who were working on an amendment to the legislation. Mayor Gallego stated the City had also received correspondence from the Legislative Counsel unequivocally stating that the City Council must adopt this and implement it by January 1, 2026. She welcomed Planning and Development Director Joshua Bednarek to the table to provide a staff report.
Mr. Bednarek reported Planning and Zoning Deputy Director Tricia Gomes would provide information regarding this item.
Ms. Gomes stated Item 71 was an amendment to update zoning regulations to allow middle housing, as required by state law, and brings the City’s zoning rules into compliance with state restrictions, and Item 72 applied an overlay that grants middle housing development rights to single-family zoned lots within the state required one mile radius around downtown. She reported after receiving informational presentations at their September 2025 meeting, the Planning Commission reviewed both items at their October 6, 2026 meeting and recommended approval of the text amendment, Item 71, by a 6-2 vote as well as the overlay, Item 72, by at 5-3 vote. Ms. Gomes provided information regarding concentrating middle housing within one mile of downtown, and reported that 30 percent of the land in this area was already zoned for middle housing. In addition, she communicated that Citywide, 20 percent of land was already zoned for middle housing. Ms. Gomes presented staff's recommendation to approve Item 71 as recommended by the Planning Commission and adopt the related ordinance as well as approve Item 72.
Mayor Gallego thanked Ms. Gomes for the presentation and asked if any Councilmembers had questions for staff.
Councilwoman Hernandez reported Council had received a letter from the Goldwater Institute and opined receiving the letter emphasized the impact of this housing policy and highlighted and read two paragraphs included in the letter for the record.
Councilwoman Hernandez thanked staff for their hard work on this. She asked if the language of the text amendment impacted the historic preservation process.
Mr. Bednarek answered no, the demolition and design review process would remain in place.
Councilwoman Hernandez asked staff to describe the historic overlay protection process.
Historic Preservation Officer Helena Ruter explained the process and stated all demolition or exterior related construction requests go through the Historic Preservation Office for review, which includes a required planning hearing before a demolition or new construction permits could be issued.
Councilwoman Hernandez asked for confirmation that the text amendment, as written, would not remove the current process.
Mr. Bednarek confirmed it would not remove the current process.
Councilwoman Hernandez noted she was aware of other cities had passed ordinances to comply with state law and asked if staff had monitored those.
Ms. Gomes answered staff was aware the cities of Mesa, Tempe and Scottsdale had passed ordinances.
Councilwoman Hernandez noted the cities of Flagstaff and Chandler had passed ordinances as well, and Tucson was in the process. She emphasized these cities had passed the ordinances with little concern or opposition from residents. Councilwoman Hernandez asked Mr. Bednarek if he was aware of neighboring cities' historic neighborhood residents having similar concerns as residents from the City of Phoenix.
Mr. Bednarek stated staff had not done a comprehensive review of other cities and highlighted that Tucson was the most noteworthy as they worked to respond to concerns as well as to the ordinance being brought forward to their council.
Councilwoman Hernandez stated she had reached out to other cities and partners in the state and reported Tucson's historic districts had no concerns with the City of Tucson adoption their ordinance. She opined it was important for Phoenix residents to be aware that residents of other cities were embracing these changes.
Mayor Gallego asked for a motion on this item.
Councilwoman Stark responded she would make a motion but she had questions for staff first.
Councilwoman Stark asked clarification on a clause which noted that if Council did not approve this item today, different development regulations would go away, including the historic preservation overlay protections.
Mr. Bednarek answered Councilwoman Stark was correct.
Councilwoman Stark noted the City of Tucson conducted an analysis study before proceeding with a recommendation. She stated she did not support the legislation and emphasized the significance of historic homes in Arizona. Councilwoman Stark opined this legislation would encourage the destruction of historic homes if local ordinances would not be approved by the deadline.
Councilwoman Stark made a motion to approve this item. Councilwoman Guardado seconded the motion.
Mayor Gallego reported people testified that the Council should adopt this ordinance Citywide. She stated Councilwoman Stark, as a former Planning Director, was a subject matter expert and asked if, with this vote the Council could not do that.
Councilwoman Stark answered Mayor Gallego was correct. Councilwoman Stark explained that by law, if the Council wanted to expand the area, it would need to be addressed at the time of the advertising. She acknowledged Tucson did the study prior to making the recommendations. She opined conducting a study would help identify other significant areas within the City that may benefit from an overlay, as well as other incentives for development. Councilwoman Stark communicated her commitment to look at other avenues and the study by the Morrison Institute was an important piece. In addition, she noted her belief in middle housing as well as the City's historic districts.
Mayor Gallego stated she would be happy to contact the Governor's Office regarding this issue.
Councilwoman Hernandez expressed her desire to make a friendly amendment to the motion to add, in addition to a time limit to when the study needed to be presented to Council, noting that one year would be fair, but also the need for the impact study to look at a Citywide expansion.
Councilwoman Stark stated her intent with her motion was a recommendation to do an analysis in the entire City and come back with potential areas. She stressed the need to address the issue of affordability.
Councilwoman Hernandez stated her agreement with Councilwoman Stark and restated the need to add a time limit for the study to be presented back to Council.
Councilwoman Stark agreed to the one year.
Councilwoman Hernandez stated if the Council were to move forward with the motion, that the Morrison Institute conducts the study as quickly as possible but no later than one year.
Councilwoman Stark expressed the Morrison Institute might come back with other recommendations for the Council to consider.
Councilwoman Hodge Washington stated she appreciated Council wanting to set parameters but expressed concerns regarding setting a time frame on the return of the study as she advocated for a more open-ended approach and let the researchers tell the Council what the time frame was in order to deliver real results. She recalled past studies where a set time frame was not enough time to produce comprehensive reports.
Councilwoman Guardado questioned if staff had an idea what the time frame the study would be.
Mr. Bednarek communicated that Tucson's study took several months to complete. He stated staff would follow Council's direction, with the expectation that within one year a study would be provided and taking in consideration there might be some variables out of the City's control that may prevent the study from being completely done.
Councilwoman Guardado asked if staff had knowledge if other cities conducted studies and how long they took.
Mr. Bednarek answered it would be very difficult to compare Phoenix to other cities as Phoenix is unique, it encompass 529 square miles, is a really large city with a robust set of neighborhoods and a complex zoning framework. He stated staff would commit to the time frame established by Council.
Councilwoman Guardado stated she supported the study but wanted to ensure it was done correctly as it would be a tool used to make for future decisions. She stated neighbors should have a right and a voice to determine what goes into their neighborhoods and not the state legislature.
Councilman Waring commented Council received letters from residents asking that this item be expended Citywide and based on Councilwoman Starks' comments, he asked Mr. Bednarek to confirm that it could not be done at today's meeting.
Mr. Bednarek confirmed it could not be expanded Citywide today as it was not advertised as such.
Councilman Waring asked if it would be illegal if Council expanded to Citywide at the meeting today.
Mr. Bednarek answered this item was not advertised for Citywide action today.
Councilman Waring spoke about receiving requests for a 90-day extension and stated the Council could not do that either as it would push the date past the January 1, 2026 deadline.
Mr. Bednarek stated Councilman Waring was correct as it was affirmed by the direction received earlier today from the Joint Legislative Budget Committee (JLBC).
Councilman Waring stated middle housing was already Citywide as this model was located within District 2 and other districts. He added it was not allowed in every area of the City just like any other zoning.
Mr. Bednarek stated Councilman Waring statement was correct.
Councilman Waring asked how much area of the one mile area included in this item already had this zoning in use.
Mr. Bednarek answered approximately 30 percent of the area.
Mayor Gallego opined Councilwomen Hernandez and Stark were asking different questions of Morrison Institute and stated she supported Councilwoman Stark's question regarding where would the most appropriate areas be. She spoke about the different and diverse areas of Phoenix including mountain preserves, farm district, and the creation of the City's own categories of zoning. Mayor Gallego further spoke about how the City could still protect neighborhoods, including historic neighborhoods, and make a tremendous contribution to housing and stressed the City has been hard at work on increasing affordable housing options. She acknowledged the comments and concerns received from residents regarding water and sewer infrastructure within the area. Furthermore, Mayor Gallego expressed her support for Councilwoman Stark's original motion, but it was up to Council to decide on deadlines.
Councilwoman Stark stated the study would look at the entire City, but it would target in areas that are appropriate.
Councilwoman Hernandez asked for clarification on which motion language the Council would be voting on as it was her understanding that Councilwoman Stark was accepting of her friendly amendment.
Councilwoman Stark restated the need for the study to look at the entire City and than target the areas that are appropriate for middle housing, as a study could not be done without looking first comprehensively and then zoning in on where the appropriate areas are.
Councilwoman Hernandez stated her friendly amendment was to have the study completed and presented to Council in one year, and agreed compromise to no later than one year.
Councilwoman Pastor stated her agreement to that.
Councilwoman Stark opined the study could probably be done no later than one year and adjustments could be made in the case it did not.
Mr. Bednarek stated the next step would be for staff to come back to Council with an Intergovernmental Agreement (IGA) that would include a solidified scope, and at that time staff would know if the time frame would be feasible.
Councilwoman Stark agreed.
Councilwoman Hodge Washington expressed concerns that the IGA might have conflicts with prior Council conversation. She inquired what would need to be done if the IGA had different language then what was approved by Council and questioned if it would be best to have conversations with the Morrison Institute regarding the scope of the study prior the IGA. She opined the study should not be included in the motion if Council could not agree on the scope.
Mayor Gallego stated Council did agree on the study, just not the time frame.
Councilwoman Pastor opined residents and those impacted by this item did not have a clear understanding of the discussions and motion language. She read Councilwoman Stark's motion language in its entirety. Councilwoman Pastor stated the motion was to approve items 71 and 72 with a study by the Morrison Institute to look at the four areas listed in the motion and the discussion was to determine a time frame for the Morrison Institute to complete the study. Councilwoman Pastor asked staff if the study could be completed within one year.
Mr. Bednarek answered if the desire of the Council was to require the study to be reported back within one year time frame, staff could work with the Morrison Institute to finalize the scope of the IGA.
Councilwoman Pastor stated a study needed to be done regardless. She acknowledged hearing from residents throughout this process and congratulated them for bringing their concerns to the forefront; however, Council had no choice but to vote on these items today or it was going to be mandated by the state. Councilwoman Pastor spoke about historic neighborhoods, its culture, as well as her experience not only living in a now historic house but also purchasing her first home. She questioned what would the impact be if the City extended middle housing Citywide as currently many areas within the City already had middle housing units.
Mr. Bednarek answered the purpose of the study was to better understand what type of applicability would make the most sense as a City.
Councilwoman Pastor stated her intent to protect historic neighborhoods for future generations, but there was no flexibility in the legislation and the Council must vote today. She encouraged residents to contact the state legislature. Councilwoman Pastor communicated she was uncertain of her vote today and assured she worked hard to find a legal way around the legislation and had found none.
Councilman Waring questioned if Governor Hobbs had signed the bill into law.
Mr. Bednarek answered that was correct.
Councilman Waring asked if Governor Hobbs could have stopped this legislation with a veto.
Mr. Bednarek answered that was correct.
Councilwoman Pastor stated there were other housing bills that would have made it worse and as a City, including herself, fought against this legislation.
Councilman Waring opined the Governor does not need to sign any bill into law.
Councilwoman Hernandez spoke about the original language of this bill and what had transpired to reach the final language.
Councilwoman Stark stated there were many cities and towns in Arizona that were exempt from this law and provided many examples. She opined the City's historic districts should not be damaged, and her motion was trying to accept what legally the City needed to do as well as making a commitment to do a study for middle housing for the entire City. Councilwoman Stark stated her commitment to take these issues to the legislature.
Mayor Gallego stated Councilwoman Stark was correct as this law only applied for cities with a population above 75,000 and expressed her disappointment the burden was being disproportionately put on Phoenix's neighborhoods. She reported Phoenix was one of the cities that signed against this legislation and conjectured how the final language came to be.
Mayor Gallego declared the public hearing opened.
Patience Huntwork spoke in opposition to these items.
Raquel Gustafson spoke in opposition to these items.
Sarah Cooper spoke in opposition to these items.
John Cooper spoke in opposition to these items.
Aaron Montano-Searles spoke in opposition to these items.
NOTE: Councilwoman Stark temporarily left the voting body.
Councilwoman Hernandez asked at what age Mr. Montano-Searles purchased his home in the Willo community.
Mr. Montano-Searles replied he was 30 years old.
Councilwoman Hernandez inquired about the purchase price of his home.
Mr. Montano-Searles responded he bought his home for $250,000.
Councilwoman Hernandez questioned if he knew what the average age was now for a new home buyer.
Mr. Montano-Searles answered he did not know.
Councilwoman Hernandez conveyed it was 40 years old. She asked him what the current average median price was for a home in the greater Phoenix area.
Mr. Montano-Searles replied he did not know.
Councilwoman Hernandez stated it was $450,000.
Mr. Montano-Searles interjected he saw a quote from her most recent flyer announcing the next community meeting.
Councilwoman Hernandez expressed she wanted to understand the issue, whether it was fear of the types of buildings or the types of people moving into the community.
Mr. Montano-Searles emphasized it was not fear, noting residents invested in their properties and did not want historic districts to be erased.
Councilwoman Hernandez inquired if that concern existed with her earlier questions to staff who explained no historic preservation processes would be eliminated.
Mr. Montano-Searles responded that should be looked into further because he did not think it would prevent developers from coming into their community.
Councilwoman Hernandez said she would look into it.
NOTE: Councilwoman Stark returned to the voting body. Councilman Waring temporarily left the voting body.
Charles Seiverd spoke in opposition to these items.
NOTE: Councilwoman Hernandez temporarily left the voting body during Mr. Seiverd’s comments.
Mayor Gallego reported Dean Fenger did not wish to speak and reported he had registered in opposition to these items.
Ginger Mattox spoke in opposition to these items.
Susan Edwards spoke in opposition to these items.
NOTE: Councilwoman Hernandez and Councilman Waring returned to the voting body during Ms. Edwards comments.
Michele Smith spoke in opposition to these items.
Robert Warnicke spoke in opposition to these items.
Scott Ferreira spoke in opposition to these items.
Dr. Robert Cannon spoke in opposition to these items.
Cathy Cook spoke in opposition to these items.
Anne Durning spoke in opposition to these items.
NOTE: Councilman Robinson temporarily left the voting body.
Opal Wagner spoke in opposition to these items.
Jim Goff spoke in opposition to these items.
NOTE: Councilman Robinson returned to the voting body.
Brad Brauer spoke in opposition to these items.
Jill Gering spoke in opposition to these items.
Joanne Kaufman spoke in opposition to these items.
Steve Dreiseszun spoke in opposition to these items.
Caroline Payne spoke in opposition to these items.
Bethjoy Borris spoke in opposition to these items.
Jamie Cowgill spoke in opposition to these items.
Chris Norton spoke in opposition to these items.
Claire Michael spoke in support of these items.
Kat Sweet spoke in support of these items.
Mollie McCurdy spoke in support of these items.
Councilwoman Pastor requested clarification that Ms. McCurdy did not want historic designation.
Ms. McCurdy stated Council should encourage residents to preserve their home. She recalled an earlier comment that without the overlay the entire neighborhood would change.
Councilwoman Pastor remarked that a neighborhood to have a historic designation, more than 50 percent of properties had to have a historic designation and gave examples of historic neighborhoods in the central core of the City. She stated the historic overlay not only protects the neighborhoods but also continues to preserve them.
Ms. McCurdy opined residents will preserve the history of Phoenix and their historic homes, many times on their own, and spoke about her own neighborhood experience when the historic neighborhood designation was lost due to the 50 percent threshold.
Councilwoman Pastor stated the issue here was to preserve the historic neighborhoods as they already had duplexes and triplexes. She offered to speak with Ms. McCurdy after the meeting.
Ms. McCurdy clarified she was not against historic overlay designation.
Tom Conners spoke in opposition to these items.
Tricia Gillespie spoke in opposition to these items.
Councilwoman Hernandez explained the comments she made at the last Council meeting regarding the process and lobbyist positions.
Jim Hunt spoke in opposition to these items.
Mayor Gallego declared a 10 minute break and recessed the meeting at 5:57 p.m.
Mayor Gallego recalled the meeting at 6:19 p.m.
Mike Jehl spoke in support of these items.
Will Greene spoke in support of these items.
NOTE: Vice Mayor O'Brien returned to the voting body.
Ted Swing spoke in support of these items.
Cheryl McGregor spoke in opposition to these items.
Cameron Danesh spoke in opposition to these items.
Jason Barr spoke in support of these items.
Tammy Weaver spoke in opposition to these items.
Nicole Sanderson spoke in support of these items.
One electronic comments was submitted for the record in support of Item 71.
Three electronic comments were submitted for the record in opposition to Item 71.
Two electronic comments were submitted for the record in support of Item 72.
Two electronic comments were submitted for the record in opposition to Item 72.
Mayor Gallego declared the public hearing closed.
Mayor Gallego commented there were multiple request to approve a 90-day delay and asked City Attorney Julie Kriegh to read what the legislation said what would happen on January 1, 2026.
Ms. Kriegh read from the text of Arizona Revised Statutes (ARS) 9462.13, Section E.
Mayor Gallego stated the City reached out to the neighbors to give them a chance to have input and in this case most of the City had not have the opportunity to provide that input.
Councilwoman Pastor questioned about a sunset clause.
Ms. Kriegh answered some of the legal issues were discussed in executive session.
Councilwoman Pastor rephrased her question.
Ms. Kriegh answered Council could take any action.
Councilwoman Pastor read proposed language regarding a sunset clause to be added to Councilwoman Starks motion.
Councilwoman Stark stated her understanding that Councilwoman Pastor proposed language would allow the City ordinance to sunset only if the legislature allowed.
Mr. Bednarek confirmed that additional hearings needed to be held before zoning ordinances were sunset as required by law as the sunset would not be automatic.
Councilwoman Stark questioned the legality of a sunset in zoning ordinances without additional hearings.
Mayor Gallego spoke about the chance of an emergency clause being called at the legislature.
Councilwoman Hernandez spoke about the changes to get an exemption bill passed at the state. She asked if procedurally, the Council was allowed to consider only one friendly amendment.
Mayor Gallego stated the first friendly amendment had not been seconded.
Ms. Kriegh explained the Council procedures regarding friendly amendment to a motion and a substitute motion.
Councilwoman Pastor made a substitute motion to include the prior motion plus this ordinance and its amendment shall remain in effect only so long as the bill applies to Phoenix. If at any time the State of Arizona enacts legislation or clarifies that historic districts are exempt from the provisions then the provisions shall immediately terminate after following legislation that terminates after 90 days.
Additionally have staff come back on this by end of 2026, December 2026.
Councilwoman Guardado seconded the substitute motion.
Councilwoman Stark stated due to Proposition 207 implications she was more comfortable with the original motion.
Councilwoman Pastor stated Council needed to vote on the substitute motion.
Mayor Gallego reported Vice Mayor O'Brien had a question earlier regarding what without limitations in the legislation meant.
Mr. Bednarek answered it was uncertain what that actually meant.
Councilwoman Pastor concluded it was subject to interpretation.
At Mayor Gallego's request, Councilwoman Pastor re-read language of her substitute motion.
Mayor Gallego asked Ms. Kriegh if the City's legal team would like time to review Councilwoman Pastor's motion language.
Ms. Kriegh answered a short break would provide time for legal review.
Mayor Gallego declared a short break and recessed the meeting at 6:50 p.m.
Mayor Gallego recalled the meeting at 7:00 p.m.
Mayor Gallego welcomed everyone back. She recalled the motion on the floor was Councilwoman Pastor's motion. Mayor Gallego thanked Councilwoman Pastor for her feedback and creativity as well as her fight for her neighborhood. In addition, Mayor Gallego stated she would be voting no, and opined that the normal process would protect the neighborhoods more and there would be fewer legal challenges.
Prior to her vote, Councilwoman Hodge Washington reported she would be voting no on the substitute motion and explained her reasons.
The substitute motion failed by the following vote:
Yes: 2 - Councilwoman Guardado and Councilwoman Pastor.
No: 7 - Councilwoman Hernandez, Councilwoman Hodge Washington, Councilman Robinson, Councilwoman Stark, Councilman Waring, Vice Mayor O'Brien and Mayor Gallego.
Mayor Gallego thanked everyone who has participated in this issue and stated a lot more still needed to be done and in partnership with neighborhoods and the legislature.
Mayor Gallego stated the motion on the table now was Councilwoman Stark's motion with the friendly amendment to do the study within a year. She asked Councilwoman Guardado, who seconded the original motion, if she also agreed with the friendly amendment.
Councilwoman Guardado answered yes.
Prior to her vote, Councilwoman Hernandez explained her vote and spoke about the need for middle housing and affordable housing not only in Phoenix but in Arizona as a whole.
Prior to her vote, Councilwoman Hodge Washington explained her vote and spoke about zoning being a matter of local government and should not be handled by legislators, the need to consider policies that have been tested and have full input from the community, the middle housing ordinance was a experimental policy as affordability was concerned, as well as the need for collaboration between the legislature and the City and thanked all the homeowners who were present and spoke at the meeting today.
Prior to his vote, Councilman Waring explained his vote and spoke about the influence the City seamed to had at the legislation, the fact that Governor Hobbs did not have to sign this legislation, the fact that the City Council had no alternatives but address and adopt this ordinance.