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DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND
16 July 2024
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: Final Plat - Pulido Subdivision (APN: 501-44-111B)
Dear Mr. Macias
Thank you for the opportunity to provide comments on the Final Plat for the Pulido
Subdivision Project. The site sits on approximately 12 acres of vacant land located at 10600 N.
El Mirage Road in El Mirage, AZ and is part of the Dysart Ranchettes Subdivision. This
application request is for an 8-lot subdivision of single-family residences. 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 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. Although this is not a new development per se, it is worth
noting A.R.S. § 28-8481 prohibits new residential development inside the noise contours. 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.
While Luke AFB defers to the Attorney General’s determination on the Dysart
Ranchettes and the City’s acceptance of lot splitting within that determination, this does not
minimize our safety concerns for this area. Luke AFB also recognizes the prior written 2003
documentation between the City of El Mirage, Luke AFB, and the Attorney General that the
Dysart Ranchettes Subdivision has been previously approved under “grandfathered” status by the
city of El Mirage (attached 3 memos). Finally, we recognize that the City of El Mirage has
accepted the definition of grandfathered without any further review from the AG as to whether
lot splitting meets that definition’s intent.
Because 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. 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 me at (623) 856-6169.
Sincerely
CHRISTOPHER P. TOALE
Attachments:
1. Dysart Ranchettes El Mirage Memo to AG, dated 26 June 2003
2. AZ Attorney General Letter, dated 11 July 2003
3. Dysart Ranchettes Luke AFB Memo to AG, dated 18 August 2003
4. Pulido Preliminary Plat Letter, dated 13 December 2022
cc:
Colonel Matthew Johnston, Deputy Commander, 56th Fighter Wing
Ms. Demetria Themistocles, General Law Attorney, 56th Fighter Wing
TOALE.CHRISTOP
HER.P.1039696165
Digitally signed by
TOALE.CHRISTOPHER.P.10396
96165
Date: 2024.07.16 17:00:08 -07'00'
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND
13 December 2022
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: Pulido Subdivision (APN: 501-44-111B)
Dear Mr. Macias
Thank you for the opportunity to provide comments on the Preliminary Plat for the
Pulido Subdivision Project. The site sits on approximately 12.2 acres of vacant land located at
10600 N. El Mirage Road in El Mirage, AZ and is part of the Dysart Ranchettes Subdivision.
This application request is for a 10-lot subdivision of single-family residences. 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 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 may
negatively impact our flying mission; however, WKH&LW\RI(O0LUDJHUHFRJQL]HVWKLV
GHYHORSPHQWDVJUDQGIDWKHUHGSHUthe 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. 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
CHRISTOPHER P. TOALE
Attachment:
AZ Attorney General Letter, dated 11 July 2003
cc:
Colonel Keagan L. McLeese, Vice Commander, 56th Fighter Wing
Ms. Timothy A. Forero, GS-13, General Law Attorney, 56th Fighter Wing
TOALE.CHRISTOP
HER.P.1039696165
Digitally signed by
TOALE.CHRISTOPHER.P.10396
96165
Date: 2022.12.13 11:11:41 -07'00'