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A proposed residential development in the Tempe Entertainment District is a flashpoint in a legal dispute between Phoenix and the City of Tempe, as well as the Arizona Coyotes. (Photo courtesy of Arizona Coyotes)
- Tempe and Phoenix are at odds over whether a 1994 agreement would allow multifamily development in the proposed Tempe Entertainment District.
- A representative of Phoenix Sky Harbor International Airport expressed dissent over air traffic noise, and the city has filed a lawsuit against Tempe.
- The development arm of the Arizona Coyotes has filed a notice of claim with the City of Phoenix for interfering with plans for the team’s new home in the proposed area.
- Records show that the City of Phoenix did not build some multifamily homes in areas also affected by Sky Harbor noise.
TEMPE — In a special election as voters weigh a proposed Tempe entertainment district battle, the city of Phoenix, Sky Harbor International Airport, the city of Tempe and the Arizona Coyotes are embroiled in a battle over flying noise and housing concerns Legal disputes. develop.
Those in favor of the proposed development say construction of multifamily housing in the development is a foregone conclusion Based on a 1994 agreement between the two cities.
The conflict arose over proposed development near Sky Harbor and exposure to aircraft noise.
The 1994 intergovernmental agreement “The construction of multi-family dwellings (housing) in 65 DNL areas is permitted.”
FAA definition The DNL level is: “A person’s cumulative exposure to sound over a 24-hour period, expressed as the noise level for an average day of the year.” 65 The Diurnal Level (DNL) contour is the outer ring of areas considered noise-affected and is the Tempe Recreational The location of the district housing.
What did the 1994 agreement say?
In 1994, the two cities reached a stalemate. Phoenix wants to expand its airport, and Tempe has had enough of planes flying over the city. The cities created an intergovernmental agreement to regulate the flight routes of inbound and outbound flights in exchange for Tempe signing off on the Sky Harbor expansion. The agreement contains few specifics about construction, citing federal recommendations about what can be built where.
The land use agreement section states Federal Aviation Regulations Part 150, a set of federal recommendations including land use guidelines. In a 1994 agreement, the cities agreed that new developments in “noise-sensitive environments” within Tempe would comply with these recommendations.
The FAA advises against building residential buildings in areas where recreational areas are located. However, the recommendations do state that multifamily housing is permitted because the resulting buildings are soundproof, and that “community decisions must allow residential or school use,” pushing the decision back to local jurisdictions.
Why Tempe thinks housing should be allowed
Tempe entertainment district supporters point out 1999 Land Use Report Produced by Sky Harbor, where the airport says most residential buildings (including apartments) in 65 DNL are permitted. “All dwellings at (65 DNL) and (70 DNL) are slightly noise compatible,” the report states.
But Chad Makovsky, director of Phoenix Air Services, said at a special Tempe City Council meeting on Nov. 29, “I continue to oppose adding 1,995 to the 1.2-square-mile highlands because of the 1994 intergovernmental agreement between our two cities.” Residential Unit Noise Profile.”
Makovsky’s objection is at odds with Tempe supporters’ claim that multifamily housing in noise-affected areas has been historically accepted. Hallman and Coyotes cite a series of letters exchanged between Tempe and the mayor of Phoenix during Tempe’s purchase of land from the BLM in 1996. “The mayors intend to continue developing and enforcing (noise) easements … for any new multifamily land within the 65 DNL contour,” the mayors of the cities said in their correspondence.
“Everybody acted like this was the deal for the last 30 years,” Holman said at a news conference on March 30.
Letters from then-Tempe Mayor Neil Giuliano (a proponent of the current entertainment district) and then-Phoenix Mayor Skip Rimsza made it clear that Tempe would “prohibit any new single-family zoning…at 65 [DNL] Contour lines around Sky Harbor. “
How have areas affected by noise been treated historically?
Supporters also cite a letter about construction of The Grand in the heart of Papago Park beginning in 2013 as approval for residential construction on the 65 DNL contour. In the letter, then-deputy secretary of aviation Judy Ross noted concerns about the project at 65 DNL, but did not explicitly oppose the project.
A residential complex has been built on the site of The Grand at Papago Park Center and is currently in operation.
What legal action was taken?
The measure, which would keep the project moving forward in a special election on May 16, is the final verdict on what the 1994 intergovernmental noise-mitigating flight procedure allows, likely to be up to the courts as voters weigh the three ballot measures.
Phoenix submitted a Litigation March 28 Against Tempe. The lawsuit alleges that the city of Tempe violated the 1994 agreement by approving amendments to the city’s master plan and zoning maps that must be approved by Tempe voters. Agreeing to sell 46 acres of urban land for multifamily development also violated the agreement, the suit says.
“As far as Tempe is concerned, it has committed to preventing new residential development along much of this flight path and more generally on the east side of the airport,” the lawsuit said.
Arizona Coyotes allied with Tempe. Bluebird Development LLC, the development company of Coyotes owner Alex Meruelo, Has applied to be an intervener in Sky Harbor litigation and Notice of Claim Submitted Opposes Phoenix, saying the Phoenix lawsuit “intentionally hurts” the developer.
Our sources:
- Hugh Holman, March 30 press conference.
- Tempe, 1994 Intergovernmental Agreement on Noise-Abatement Flight ProceduresSeptember 28, 1994.
- Federal Aviation Administration, Noise and Sound BasicsAccessed April 27, 2023.
- Maricopa County Superior Court Filing, Phoenix v. City of Tempe verify complaintMarch 28, 2023.
- Maricopa County Superior Court Docket, Civil Court Case Information – Case HistoryAccessed on April 27, 2023
- Snell & Wilmer LLP. Notice of Claims Pursuant to ARS § 12-821.01April 5, 2023
- Federal Aviation Administration, Part 150 – Airport Noise Compatibility Planning January 2017
- Phoenix Sky Harbor International Airport, Part 150 Reporting – Chapter 5: Land Use Alternatives1999
- Neil Giuliano and Skip Rimsza, Correspondence Concerning Transfer of Land Bureau Property, 18 March 1996 and 18 April 1996.
- Letter dated 7 January 2013 regarding Papago Park Central Hotel
- Tempe, 21st Revised Development Plan for Papago Park CenterNovember 28, 2017
- Tempe City Council Special Meeting, November 29, 2022:
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