October 13, 2024
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Crystal Lake voted down NVA’s truck terminal plans. Here is why an NVA expansion could happen anyway

Villages and cities only have so much power over developer plans as long as rules are followed.

By Michelle Meyer
Trucks at NVA Transportation, at 7013 Sands Road, in Thursday, March 14, 2024. The company is still looking for ways expand after Crystal Lake City Council unanimously denied NVA Transportation’s request for a truck terminal expansion on its 22-acre property.

Trucks are parked at at NVA Transportation at 7013 Sands Road in March. The company is still looking for ways expand after Crystal Lake City Council unanimously denied NVA Transportation’s request for a truck terminal expansion on its 22-acre property. (Gregory Shaver/Gregory Shaver - gshaver@shawmedia.com)

A truck terminal expansion still could be happening in Crystal Lake, despite the City Council denying an earlier rezoning request made by NVA Transportation.

The City Council unanimously denied NVA Transportation’s preliminary plans for an expanded truck terminal in February. However, NVA currently is pursuing building permits and another planned-unit development that works within its current zoning, according to emails from city staff obtained by the Northwest Herald. That means the transportation company wouldn’t need City Council approval to expand.

Major concerns of nearby residents include increased truck traffic, effects on well water, potential flooding, and noise and light pollution. Residents organized against the expansion, creating the website SaveSandsRoad.com and an online petition that has more than 1,900 signatures.

How can developers work around a City Council vote?

As long as developers work within the permitted uses or limited uses of the existing zoning and meet all the requirements of the city’s Unified Development Ordinance, “the city must process the request and issue a building permit,” Crystal Lake Community Development Director Kathryn Cowlin said in an email. “At this time, the city is in the process of reviewing a building permit submittal for the NVA property.”

The building permitting process does not require public notification or the need for council approval, City Manager Eric Helm said.

Mayor Haig Haleblian said deals aren’t going on under the table and that the city hasn’t seen any official plans yet.

NVA’s property is currently zoned as manufacturing and limited manufacturing. Developers previously asked for a freight terminal but have since modified the plan that can be classified as “warehouse distribution,” Cowlin said. NVA also is looking to have its expansion stay within the manufacturing zone and avoid the limited-zoned parcel, allowing it to continue without zoning approvals.

What power does businesses have?

Cities and villages don’t necessarily have the ultimate say on what gets developed in their towns. Even if a municipality votes down a developer’s or business’ proposal, petitioners still can push back by suing the municipality for a denial they see as unreasonable.

Cary School District 26 was close to filing a lawsuit against the village of Cary for its rezoning denial that blocked the district from building a new transportation center at the former Maplewood School property. Before the lawsuit got to the courts, the district and village were able to come to an agreement that led to the village buying the property for $5.5 million.

What power does the city have?

City staff is able to work with developers to ensure that all city codes and ordinances are followed. But as long as developers follow the rules and meet building codes, there is only so much a city can do to say no against a plan, despite the amount of resident resentment.

“The property owner has the right to make this work,” Haleblian said. “Nobody is going around anybody.”

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