In a move poised to quell longstanding disputes over property rights near Phoenix Sky Harbor International Airport, Tempe and Phoenix have agreed to an updated intergovernmental agreement, marking the end of contentious lawsuits. The original agreement, which dates back to 1994, has been reworked to address the modern-day challenges of development and noise mitigation near one of the nation's busiest air hubs.
According to an update shared by the City of Phoenix, the revised agreement stipulates that future residential projects in the high-noise zone, identified as the 65 DNL, will now be allowed to proceed as rental or leasehold arrangements. Negotiations between the two cities have been steered by Andrew Cohn of the Phoenix Aviation Advisory Board, emphasizing a collaborative approach to resolve these long-standing issues.
Tempe Mayor Corey Woods underscored the importance of the agreement in a statement obtained by the City of Phoenix, saying, "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."
In light of the adjustments, both cities have conceded to permit residential building heights of up to 135 feet west of Hardy Drive and up to 150 feet east of Hardy Drive. This change may stimulate more high-quality development while ensuring that noise level reduction standards of at least 25 decibels from outdoor to indoor are met. Furthermore, future landowners within the 65 DNL zone will be legally required to receive noise disclosures, as outlined in the agreement.
Phoenix Mayor Kate Gallego articulated the broader regional significance of this agreement. She told the City of Phoenix, "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." The economic sway of Phoenix Sky Harbor is notable, with an annual impact pegged at $44.3 billion, and the updated accord is expected to bolster the cities' development prospects.
Both cities have demonstrated a cooperative spirit through the agreement, which included resolutions such as Tempe's commitment to release, indemnify, and defend Phoenix from any claims related to airport operation noises impacting developers or tenants. The Tempe City Council green-lit the amendment at its November 21 meeting, while the City of Phoenix carried through with their vote last Wednesday. The legal claims in existence will be dismissed following the full execution of the approved amendment.
