Dec. 11, 2024

30-year-old agreement updated

Tempe and Phoenix to end lawsuits regarding property rights near airport

Changes to a 30-year-old intergovernmental agreement will effectively end lawsuits between the cities of Tempe and Phoenix regarding property rights near Phoenix Sky Harbor International Airport.

The lawsuits sought to determine whether residential buildings were allowed.

Representatives of Phoenix and Tempe have been negotiating in good faith for some time. Andrew Cohn, a member of the Phoenix Aviation Advisory Board and Director of Real Estate for Levine Investments, helped bring negotiations between the cities to a successful conclusion. 

“The update to this agreement provides a framework of understanding between our two cities. It reinforces our good working relationship and Tempe’s ability to determine our own path as we develop our city,” said Tempe Mayor Corey Woods.

Land immediately adjacent to Sky Harbor and under flight paths are subject to high noise, an area commonly referred to as the 65 DNL. The 65 DNL includes Tempe’s largest parcel of vacant property. This agreement provides more flexibility for future uses and will allow more opportunities for high quality development.

“By reaching this agreement, we are protecting Phoenix Sky Harbor for the benefit of current and future residents in Phoenix and Tempe, and also ensuring that we have a strong foundation for the future development of both our cities,” said Phoenix Mayor Kate Gallego.

With an annual economic impact of $44.3 billion, Phoenix Sky Harbor International Airport is among the world’s busiest airports. The proximity and convenience of Phoenix Sky Harbor supports tourism, business attraction and quality of life in Tempe. 

Changes to the Intergovernmental Agreement on Noise Mitigation Flight Procedures dating back to 1994 will benefit both communities.

Key points include:

• Phoenix and Tempe agreed that future residential developments will be rental or leased products.
• Tempe and Phoenix agreed that developments may be up to 135 feet in height (about 10 to 12 stories) for any parcel west of Hardy Drive on the north/south alignment or 150 feet (about 14 stories) for any parcel east of Hardy Drive on the north/south alignment.
• Future residential buildings will include noise mitigation measures be incorporated into their design and construction. These would be consistent with noise level reduction outdoor to indoor of a minimum of 25 decibels.
• Future landowners in the 65 DNL – the high noise area - will receive noise disclosures.
• Tempe has agreed to release, indemnify, and defend Phoenix from and against any claim regarding any noise, vibration, or emission related to Airport operations or aircraft overflights, made by any developer, tenant, or representative of a developer or tenant.
• Tempe will not object to the list of developments in the 2019 and 2021-2022 Phoenix Sky Harbor International Airport Comprehensive Asset Management Plan (CAMP) Update.

Please refer to the official IGA amendment for a comprehensive description of the agreement between the cities.

The City of Tempe approved the amendment to this agreement at its Nov. 21 Regular Council Meeting. The City of Phoenix voted on the agreement on Dec. 4.  Legal claims will be dismissed upon full execution of the approved amendment.