LAFB Review

City of El Mirage — Regular Meeting (2022-01-20)

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DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

16 June 2021

Mr. Christopher P. Toale

Director, Community Initiatives Team
56th Fighter Wing

14185 West Falcon Street

Luke AFB AZ 85309-1629

Mr. Jose Macias
Planner, Community Development
10000 N. El Mirage Road, El Mirage, AZ 85335

Re: PZ21-05-17. Mendez Preliminary Plat (APN: 501-44-1 10K)
Dear Mr. Macias

Thank you for the opportunity to provide comments on the Preliminary Plat for the
Mendez Project. The site sits on approximately 4 acres of vacant land located at 11104 N. El
Mirage Road in El Mirage, AZ and is part of the Dysart Ranchettes Subdivision. This
application request is for a subdivision of APN 501-44-1 10K into four single-family residential
lots. The site sits inside the Luke AFB 1988 JLUS 70 and 75 Ldn “high noise or accident
potential zone” as identified by A.R.S. §28-8461 and is within the “territory in the vicinity of a
military airport” also defined by A.R.S. §28-8461.

Given the 4-acre parcel sits within the Luke AFB 1988 JLUS 70 and 75 Ldn “high noise
or accident potential zone”, Luke AFB is concerned with the mission impact, safety and noise
issues of this residential development. Arizona Revised Statute prohibits new residential
development inside the noise contours and our determination of what uses will and will not
impact our training mission is generally consistent with the land use compatibility determination
within the “high noise or accident potential zone of a military airport or ancillary military field”
table found in A.R.S. §28-8481. For this reason, Luke AFB finds this development negatively
impacts our flying mission: however, Luke AFB also recognizes the Attorney General’s
11 July 2003 determination (attached) that the Dysart Ranchettes Subdivision has been
previously approved and falls under “grandfathered” status.

While Luke AFB defers to the Attorney General’s determination on the Dysart
Ranchettes, this does not minimize our safety concerns for this area. This housing development
remains one of the most hazardous residential areas near Luke AFB. As the location is
immediately outside of Accident Potential Zone II and is directly in line with the runway
extension and under the flight path there is a high potential for negative impact to both Luke
AFB’s flying operations and the residents.

Since the site will be located within the “territory in the vicinity of a military airport,” it
will be subjected to approximately 165 over flights a day, with some as low as 1,500 feet above
ground level. If this development is approved, we recommend you review the sound attenuation
requirements found in A.R.S. § 28-8482. In addition, a strong notification program on the part
of the applicant would be essential to inform potential residents about Luke AFB operations.

If there are any questions. please contact my Community Planner, Mr. Mark James at
(623) 856-9981.

Sincerely

TOALE.CHRISTOP [once crnistapren p 10396
HER.P.1039696165 %"

Date: 2

16 14:40:46 -07°00

CHRISTOPHER P. TOALE

Attachment:
AZ Attorney General Letter, dated 11 July 2003

ce:
Colonel Luke B. Casper. Vice Commander, 56th Fighter Wing
Ms. Cindy L. Allen, GS-13, General and Environmental Law Attorney, 56th Fighter Wing

Office of the Attorney General

State of Arizona Patrica J. Boland

Assistant Allorney General

Terry Goddard
Attornoy General

July 11, 2003

James,R, Mitchell
Director, Encroachment Team
56th Fighter Wing
* JA185 W, Falcon Street
Luke AFB, AZ 83309-1629

Re: — Surprise und Bl Mirage
Dear My. Mitchell:

T wanted to respond to Colonel Rea’s letters that were hand-dolivered to me at our June.6,
2003, mecting at the base, Those letters complained of two subdivisions: Dysart Ranchettes in
EL Mirage and Kenly Farms JI in Surprise. 1 bayo gathered information segatding those
subdivisions and wanted to mako sure that you had this information.

Fredda Bisman, attorney for Bl Mirage, responded to my request for information
regarding Dysart Ranchettes. I have enclosed a copy of her letter, From her letter, it appears that
Dysart Ranchettes was grandfathered pursuant to the provisions of A.R.S, § 28-8481.8. J would
appreciate your providing me wilh any information you may havo that suggests Dysart
Ranchettes was not gtandfathered,

With respect to Kenly Farms I in Surprise, I understand that the Surprise City Council, at
its meeting last night, rezoned Kenly Fanus Ji from residential to commercial, 1 believe that
action relieves the concerns expressed in Colonol Rea’s June 6, 2003, fetter,

Tam also enclosing a copy of a lelter dated June 23, 2003, that I received from Jeff Blilie,
Doputy City Attomey for Surpriso, I will be out of the office until July 30, 2003, At that time I
will be devoloping a xosponse tu Mr, Biilie’s letter. Iwill call you when I retutn.

Very truly yours,

Patricia J. Boland
Chief Counsel

Natural Resources Section
398236

PIBAL

1275 West Washington, Phoenlx, Arizona 85007-2928 « Phone 602.942.7782 « Fax 602.642.4084
398236.)