Luke AFB Review

City of El Mirage — Regular Meeting (2024-12-03)

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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'