A proposed housing development near an auxiliary field for Luke Air Force Base has prompted the Maricopa County Board of Supervisors to seek legal counsel.
Even though an Arizona attorney general's opinion issued on March 20 stated that only those proposals with development plans approved before 2005 may develop land with noise and safety zones for the base, the county is obligated to seek its own counsel, Supervisor Max Wilson said on March 26.
"Since the development in question involves county zoning, we don't have any choice" but to seek a legal opinion from the County Attorney's Office, Wilson said.
In the March 20 state opinion, Attorney General Terry Goddard stated that a 2004 law to protect military bases from encroachment effectively limits development in those areas.
State Rep. John Nelson, R-District 12, requested the opinion from Goddard's office because of development plans in the area of the Luke's Auxiliary Field 1, which is about 30 miles northwest of the main base. Fighter pilots in training from Luke use "Aux One" to practice instrumented approaches.
The opinion more specifically sought an answer on whether the county's zoning designation for the area constitutes a "development plan." Goddard said that zoning by itself isn't a development plan and, therefore, the area in question is limited to certain kinds of industrial and commercial development.
The 2004 state law is intended to prohibit certain kinds of development, including housing and schools, near noise and safety zones around military bases. Supporters, who included West Valley legislators, said the measure was needed to prevent "encroachment" at Luke that could lead to complaints about noise and safety, which in turn could lead to closure of the base.
If it were up to him, he'd rather see industrial or commercial development in the area; something that wouldn't involve houses, apartments or other concentrations of people, Wilson said.
Barring that, the issue likely needs to be ironed out in the courts, Wilson said.
He said he feels caught in a dilemma.
"I've always been a big supporter of property rights," said Wilson, an Air Force veteran and a Republican from Litchfield Park who represents county District 4. "On the other hand, I'm a big supporter of the Air Force. If I had five wishes, four of 'em would go to support the United States Air Force."
Daniel Burnette can be reached by e-mail at dburnette@westvalleyview.com.