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HomeMy WebLinkAboutRESOLUTION - 25-91 - 4/23/1991 - LAND USE CONTROLS AT O'HARE AIRPORTRESOLUTION NO. 25-91 _ A RESOLUTION EXPRESSING CONCERN REGARDING CERTAIN PROPOSED LAND USE CONTROLS BY THE CITY OF CHICAGO, THE FEDERAL AVIATION ADMINISTRATION AND THE AIRLINES UTILIZING O'HARE INTERNATIONAL AIRPORT AS THEY WOULD AFFECT LOCAL NEIGHBORING MUNICIPALITIES BY THE VILLAGE OF ELK GROVE VILLAGE WHEREAS, it is Federal, State and local governmental policy that it is essential to provide for the health, safety and general welfare of the public; and WHEREAS, comprehensive planning and zoning are commonly used tools used for the protection of the health, safety and general welfare of the public; and WHEREAS, that in the providing for the health, safety and general welfare of the public it is essential that land use and zoning must also adequately consider environmental matters, including but not limited to noise and air pollution; and WHEREAS, it is a fact that a use existing_ in one municipality can have negative impacts upon the health, safety and general welfare of the public residing beyond the immediate corporate boundaries of the municipality containing that use; and WHEREAS, that in the providing for the health, safety and general welfare of the public it is essential that land use and zoning must adequately consider the fiscal implications of various land uses not only because of the need to protect the taxable value of property so that local governments do not lose revenues for the providing of necessary and basic services, but also because of the need to preclude the uncompensated taking of value from real property of the public; and WHEREAS, O'Hare International Airport is such a use affecting not only the health, safety and general welfare of the municipality in which it is located but also neighboring municipalities; and WHEREAS, land uses zoning ordinances and comprehensive plans existed in many of the neighboring communities prior to both the establishment of the airport, as well as its annexation into the City of Chicago; and WHEREAS, the State has enabled municipalities and the Courts have recognized the authority of municipalities to address the concerns of noise, noxious fumes, dust and other factors derived from land uses; and WHEREAS, the City of Chicago has undertaken a federally funded noise compatibility study commonly referred to as the Part 150 Study; and WHEREAS, the stated goal of the Part 150 Study is to develop a balanced and cost-effective program to minimize and/or mitigate O'Hare Airport's noise impact on the local neighboring municipalities; and WHEREAS, the Part 150 Study includes the evaluation of airport and aircraft operational measures and land use measures, including but not limited to zoning, to reduce the effects of noise and air pollution on the local neighboring municipalities; and WHEREAS, the State and the Courts have recognized the right of a municipality to control the intensity of use, type of aircraft, clear zones, local operations and types of aircraft operations in airports located within its municipal boundaries; and WHEREAS, because of the mobility of the product being governed; the continued technological advancement of aircraft noise abatement and engine pollution control; and, the ability through the use of lease agreements with tenants and aircraft operators to ameliorate negative impacts upon the health, safety and general welfare of the public, and by doing so, ameliorate negative impacts upon the health, safety and general welfare of the public, upon neighboring municipalities; and WHEREAS, the representatives of the local neighboring municipalities have requested that airport and aircraft operational measures be evaluated before consideration of additions to or changes involving any land use measures; and WHEREAS, the City of Chicago, as the operator of O'Hare International Airport has not implemented procedures to mitigate noise and air pollution such as, but not limited to night-time curfews, aircraft operational limits, aircraft fleet mix, and arrival/departure profiles; and WHEREAS, the representatives of the local neighboring municipalities are concerned that the Part 150 Study should not be used as a means of eliminating the rights of persons owning property in said local neighboring municipalities, thereby abrogating what is an appropriate responsibility of the City of Chicago; and WHEREAS, a proposal has been made by the City of Chicago to expand O'Hare International Airport by the addition of new runways; and WHEREAS, the conditions of such expansion may increase the negative impact on currently affected areas, further extend noise impacts to additional municipalities and the public, and increase the difficulty in the completion of the Part 150 Study. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That the planning process for O'Hare International Airport, including any proposed additional runways must take into account the needs of surrounding municipalities. Section 2: That the City of Chicago should take appropriate action to reduce noise and air pollution problems associated with airport operations. Section 3: That all airport and aircraft operational measures should be taken by the City of Chicago and the airlines to reduce noise and air pollution before locally controlled land measures are further discussed or implemented. Section 4: That a copy of this Resolution be sent to all national, state and local elected and appointed officials concerned with the operation of O'Hare International Airport. Section 5: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 23rd day of April 1991. APPROVED this 23rd day of April 1991. ATTEST: Patricia S. Smith Village Clerk 2 - Charles J. Zettek Village President