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2025-12-01 - Ordinance 2025-139 - APPROVING AMENDMENT TO THE PLANNED DEVELOPMENT AND PRELIMINARY PLAN APPROVED BY ORD NO. 1998-077, A SPECIAL USE FOR A DRIVE-THROUGH FACILITY, PARKING AND SIGN VARIATIONS FOR DUTCH BROS. COFFEE AT 80 MCHENRY RD*,, \5;'" BUFEAI9 GRPVE oRDtNANCE 2025-139 AN ORDINANCE APPROVING AN AMENDMENT TO THE P1ANNED DEVELOPMENTAND PRELIM!NARY PLAN APPROVED BY ORDINANCE NO. 1998-077, A SPECTAL USE FOR A DRTVE- THROUGH FACILITY, AND PARKING AND SIGN VARIATIONS FOR DUTCH BROS. COFFEE AT AO MCHENRYROAD Dutch Bros Coffee 80 McHenry Road WHEREAS the Village of Buffalo Crove is a Home Rule Unit pursuant to the lllinois Constitution of l97O; and WHEREAS 80 McHenry Road, Buffalo Crove, lL is improved with a stand-along drive-through restaurant building on approximately O.27 acres in the B-5: Town Center Business District, and is hereinafter legally described in Exhibit A; and WHEREAS in 1998, the Village Board approved by Ordinance No. ]998-077, granting an amendment to the Planned Unit Development, Preliminary Plan, a Special Use for a restaurant with a drive-through service facility and variation for the parking requirement, to allow site improvements and construction of the existing restaurant building on the subject property; and WHEREAS IMKD ll, LLC is the owner of the Property; and WHEREAS Dutch Bros., LLC, ("Petitioner") has filed a petition to allow the interior and exterior modifications, including a second drive-through lane, an updated fagade with new lighting, signage and landscaping on the subject property, and is requesti ng the fol lowing approvals: l. An Amendment to the Planned Development and Preliminary Plan approved by Ordinance No. 1998-077; and 2. The following Variations from the Zoning Code: a. Section 17.36.040 to allow fewer parking spaces than are required for a restaurant use; 3. The following Variations from the Sign Code: a. Section l4.l6.O3O.F to allow more than one Menu Board Sign;b. Section 14.16.030 to allow more than two wall signs on the building;c. Section l4.l6.070 to allow a wall sign on the North, South and West Elevations that does not face a public right-of-way; d. Section 14.16.070 to allow wall signage that exceeds the maximum height permitted; e. Section l4.l5.O7O to allow wall signage that exceeds the length permitted. Page 'l of 6 smart with heart. 50 Raupp Blvd, Buffalo Crove, lL 60089 \ 847-459-2500, vbg.org WHEREAS the Planning & Zoning Commission held a public hearing on November ]9,2O25, concerning the request for approval of the amendment to the Planned Development and Preliminary Plan approved by Ordinance No. '1998-077, with Special Use for a Drive-Through Facility, and Parking and Sign Code Variations; and WHEREAS the Planning & Zoning Commission made findings of fact and determined that the petition meets the criteria for the Planned Development, Special Use, and Variation standards as set forth in the BufFalo Crove Zoning Ordinance, and as described in the minutes attached hereto as Exhibit C; and WHEREAS the Planning & Zoning Commission voted 8-O to recommend approval of the requested approval of the amendment to the Planned Development and Preliminary Plan approved by Ordinance No. 1998-077, with Special Use for a Drive-Through Facility, and Parking and Sign Code Variations; and WHEREAS, the proposed development shall operate in accordance with and pursuant to the following exhibits: EXHIBITA Legal Description of the Property EXH IBIT B PIan Set EXHIBIT C Draft Minutes from Novembe r 19,2C25 Planning & Zoning Commission Meeting SECTION I. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2" The Corporate Authorities hereby adopt a proper, valid, and binding ordinance approving the amendment to the Planned Development and preliminary Plan approved by Ordinance No. 1998-077, for a Special Use for a drive-through facility, as well as Parking, and Sign Variations for Dutch Bros. Coffee at 80 McHenry Road, Buffalo Orove, lL, subject to the following conditions: Page 2 of 6 smart with heart. 50 Raupp Blvd, Buffalo Grove, lL 60089 \ 847-459-2500 , vbg.org WHEREAS the Corporate Authorities of the Village of Buffalo Crove hereby determine and find that the requested amendment to the planned Development and Preliminary Plan approved by Ordinance No. 1998-077, with Special Use for a Drive-Through Facility, and Parking and Sign Code Variations are reasonable and will serve the best interests of the Village; and NOW THEREFORE BE lT ORDAINED by the President and Board of Trustees of the Village of Buffalo Crove, Cook and Lake Counties, tllinois, as follows: 1. The proposed development shall be constructed in substantial conformance with the plans attached and in accordance with Section 16.20.070 of the Development Ordi nance. 2. Final Engineering plans shall be revised in a manner acceptable to the Village 3. Any directional or incidental signage added to the sign package shall be reviewed adm inistratively by staff. 4. The landscaping on the site shall be maintained in compliance with the approved landscape plan in perpetuity. SECTION 3. lf any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ord ina nce. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and shall not be codified. ATTEST t\""*,'l'n 8.^RX.--- Jane\M Sirabian, Village Clerk Eric N. Smith,ge President AYES: NAYES: ABSENT: PASSED: APPROVED: PUBLISHED .... . -,: .:i" Page3of6''-- \C - smart with heart. 5O Raupp 8lvd, Buffalo Grove, |L60089 \ 847-459-2500 . vbs.ots 6 - Johnson. Richards. Cesario. Ottenheimer. Bocek. Weidenfeld O - None O - None December l. 2025 December l. 2025 December 4. 2025 APPROVED: -+ \T -.. EXHIBIT A Leqal Description Dutch Bros Coffee 80 McHenry Road SUBJECT PROPERTY COMMON ADDRESS: 80 McHenry Road PARCET INDEX NUMBERS: 15-33-304-212 TEGAL DESCRIPTION: PARCEL 1: LOT 2 IN BUFFALO GROVE TOWN CENTER UNIT 9, BEING A RESUBDIVISION OF LOTS 1 AND 2 IN BUFFALO GROVE TOWN CENTER UNIT 7, IN SECTION 33, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 6, 1999 AS DOCUMENT NUMBER 443704A, AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED NOVEMBER 2, 1999 AS DOCUMENT 4444620, IN LAKE COUNry, ILLINOIS. PARCEL 2: NON-EXCLUSIVE, PERPETUAL EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCET l OVER THE RING ROAD AND ENTRANCE DRIVES IN SAID SUBDIVISION, CREATED IN THE OPERATION AND EASEMENT AGREEMENT MADE BY BUFFALO GROVE JOINT VENTURE AND EAGLE FOOD CENTERS, INC., DATED JULY 29, 1998 AND RECORDED JULY 29, 1998 AS DOCUMENT NO.4176874. Page ,t of 6 smart with heart. 50 Raupp Blvd, Buffalo Crove, lL 60089 \ 847-459-2500 , vbg.org EXHIBIT B Plan Set Dutch Bros Coffee 80 ttAcHenry Road Page 5 of 6 smart with heart. 50 Raupp Blvd, Buffalo crove, lL 60089 \ 847,459-2500 , vbg.o(g EXHIBIT C Draft Minutes from Novem ber 19 2025 Plannine & Zonins Commission Meetins Dutch Eros Coffee 80 McHenry Road Page 6 of 6 smart with heart. 50 Raupp Blvd, Buffalo Orove, lL 60089 \ 847-459-2500, vbg.org