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