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, a Tempe city release stated.

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

In the release, Tempe Mayor Corey Woods said that the update to this agreement creates a framework of understanding between the cities.

“It reinforces our good working relationship and Tempe’s ability to determine our own path as we develop our city,” Woods said.

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 release explained. 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,” Phoenix Mayor Kate Gallego said in the release.

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 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 Update.

Refer to the official IGA amendment for a comprehensive description of the agreement between the cities, the release stated.

The city of Tempe approved the amendment to this agreement at its Nov. 21 council meeting, and the city of Phoenix voted on the agreement on Dec. 4. Legal claims will be dismissed upon full execution of the approved amendment.