Ugalde Enterprises, LLC/ Tortilleria El Rey / 1955 E New York St / CUPD

cover TO: Mayor John Laesch FROM: Planning and Zoning Commission DATE: May 21, 2026 SUBJECT: An Ordinance Establishing Conditional Use Planned Development and Approving the Tortilleria El Rey Development Plan Description for the property located at 1955 E. New York Street. (Ugalde Enterprises, LLC/Tortilleria El Rey - 25-1041 / AU24/4-25.397-CUPD/FPN - AM - Ward 7) PURPOSE: The Petitioner, Ugalde Enterprises, LLC doing business as Tortilleria El Rey, is requesting the establishment of a Conditional Use Planned Development with underlying B-3, Business and Wholesale zoning district on the property located at 1955 E. New York Street to allow the establishment of a Food, textile and related product use (3110). BACKGROUND: The site, composed of two parcels under the same ownership, is currently improved with an existing building of approximately 21,000 square feet and is zoned B-3, Business and Wholesale. The Petitioner, Ugalde Enterprises, LLC, purchased the property in 2022 to expand their current Chicago-based operations, where they already distribute corn tortillas and tacos to major chains such as Tony's, Pete's, and Cermak Fresh Markets. Ugalde Enterprises, LLC, is requesting the establishment of a Conditional Use Planned Development on the property located at 1955 E. New York Street. The details of the request include a Plan Description which establishes an additional permitted use to allow for the production of tortilla or similar products. It also establishes certain prohibited uses. Lastly, the Plan Description establishes additional performance standards addressing standards such as noise, odor, vibration, etc. Concurrently with this proposal, the Petitioner is requesting approval of a Final Plan for the subject property. The details of the request include renovating the building to industry standards and City requirements for the use, extensive landscaping throughout the site, a new trash enclosure, a new monument sign, and parking lot repairs and improvements such as new striping. The site will feature 54 stalls, while the required parking stalls are 26. The site will feature a new monument sign conforming with current zoning standard, and a landscape plan that meets Aurora's standards and requirements. The existing pole sign will be abandoned and removed from the property, bringing the property in compliance with the sign ordinance. The landscape plan shows additional canopy and evergreen trees along New York Street to provide screening along with shrubs along the building and throughout the parking lot. Building and signage elevations showing the new trash enclosure and signage are included in the proposal. DISCUSSION: Staff has reviewed the Conditional Use Planned Development petition and have sent comments back to the petitioner on those submittals. The petitioner has made the requested revisions to these documents, and they now meet the applicable codes and ordinances. The proposed use directly addresses the site's history of vacancy, where several past commercial tenants failed to maintain viable operations and generate consistent property revenue. By introducing a food-service business like Tortilleria El Rey to support regional grocery stores and local customers, this project finally restores the property to functional use. All business activities will take place entirely within the existing structure, and the site will be enhanced with new landscaping for improved screening. Public outreach efforts have been fulfilled through due notice, resulting in specific inquiries for additional information from neighboring property owners. In addition, Staff has evaluated the proposal based on the Findings of Fact and have found the following: Conditional Use: 1. Will the establishment, maintenance or operation of the conditional use be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare? No, the development will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare as it will actively contribute to the health, welfare, and safety of the residents and the surrounding neighborhood by repurposing a vacant, underutilized building while accommodating the needs of Aurora's population and business community. 2. Will the conditional use be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values within the neighborhood; factors including but not limited to lighting, signage and outdoor amplification, hours of operation, refuse disposal areas and architectural compatibility and building orientation? The development will not be injurious to the use and enjoyment of surrounding properties in the immediate vicinity for the purposes already permitted or substantially diminish and impair property values as the property is adjacent to a landscaping business to the south and vacant properties to the west, east and southeast. 3. Will the establishment of the conditional use impede the normal and orderly development and improvement of surrounding property for uses permitted in the district? No, the establishment of the conditional use planned development for Tortilleria El Rey is not expected to impede the normal and orderly development of the surrounding property as the surrounding properties are developed with business uses or zoned for business uses with the exception of vacant land located southeast of the subject property zoned Park (P). The project is expected to complement the area's existing commercial character and enhance community welfare by improving a vacant building. 4. Will the proposal provide for adequate utilities, access to roads, drainage, and/or other necessary facilities as part of the conditional use? The proposed development provides for all necessary infrastructure and implements comprehensive site improvements to meet all City of Aurora requirements. 5. Does the proposal take adequate measures, or will they be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets? (For automobile intensive uses including but not limited to gas stations, car washes, and drive-through facilities, the concentration of similar uses within 1000 feet of said subject property should be given consideration as to the impact this concentration will have on the traffic patterns and congestion in the area.) The project is intended to redevelop a site that has already been improved to accommodate ingress and egress of commercial traffic to and from the existing full access off New York Street. The parking lot is being improved with a more functional parking facility to best accommodate commercial use. 6. Does the conditional use in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the city council pursuant to the recommendations of the commission? The proposed development is designed to conform to all applicable regulations of the B-3 Business and Wholesale District, with any necessary deviations to be addressed through the Establishment of a Conditional Use Planned Development. 7. For Hotels: Does the market feasibility study, that was provided to the City, include all the requisite data and demonstrate that the proposed hotel use has sufficient demand generators already in place or proposed as part of the hotel use development and other factors present, to support the economic viability of such hotel use, in order to prevent blight, excessive vacancies or obsolescence as a result of such hotel use being abandoned, after construction thereof? N/A 8. Are the uses permitted by such exceptions necessary or desirable and appropriate with respect to the primary purpose of the development? The uses permitted by such exceptions are necessary and appropriate with respect to the primary purpose of the development as it allows food and textile use in order to permit the business to manufacture tortillas for distribution to major and local retailers. 9. Are the uses permitted by such exception of a nature or so located as to not exercise an undue detrimental influence on the surrounding neighborhood? The permitted uses will not exercise an undue detrimental influence on surrounding neighborhood as the property to the south is a landscaping business and the remainder of the area are other commercial uses. There are no residential uses in the immediate vicinity. 10. Are the use exceptions so allowed reflected by the appropriate zoning district symbols and so recorded on the zoning district map? Yes, upon approval the zoning map will be updated to reflect the change to a Conditional Use for a Planned Development. 11. ONLY FOR INDUSTRIAL SITE CONDITIONAL USE PLANNED DEVELOPMENTS: In an industrial planned development, do such additional uses allowed by exceptions conform with the performance standards of the district in which the development is located? The Food, textile and related product (3110) use will conform to all City of Aurora's performance standards. All operations will be conducted fully in the enclosed building. POLICIES AND GUIDELINES: The Staff's Evaluation and Recommendation are based on the following Physical Development Policies: 10.0 To provide for orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City's position as a regional center. 11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned. 11.1 (3) To encourage new development contiguous to existing development. 12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promote complementary interactions between different land use components. 32.0 To enhance the positive and minimize the negative impact and relationships that the location, design and appearance of commercial activities have on traffic patterns and on the stability and vitality of surrounding neighborhoods, other commercial centers, and the City as a whole. 93.1 (2) To work toward improved signage and street furniture. RECOMMENDATIONS: The Planning and Zoning Commission recommended APPROVAL of An Ordinance Establishing Conditional Use Planned Development and Approving the Tortilleria El Rey Development Plan Description for the property located at 1955 E. New York Street. ATTACHMENTS: Exhibit "A" Legal Description Exhibit "B" Plan Description Land Use Petition with Supporting Documents Location Map Legistar History Report - CUPD Legistar Number: 25-1041 cc: Alderman Michael Saville, Chairperson Alderwoman Patty Smith, Vice Chairperson Alderman Javier Ba?uelos Alderwoman Juany Garza Alderman Will White CITY OF AURORA, ILLINOIS ORDINANCE NO. _________ DATE OF PASSAGE ________________ title An Ordinance Establishing Conditional Use Planned Development and Approving the Tortilleria El Rey Development Plan Description for the property located at 1955 E. New York Street body WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and WHEREAS, Ugalde Enterprises, LLC is the owner of record of the real estate legally described on Exhibit "A", attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit "A"; and WHEREAS, by petition dated December 19, 2025, Ugalde Enterprises, LLC doing business as Tortilleria El Rey filed with the City of Aurora a petition requesting the establishment of a Conditional Use Planned Development on the property located at 1955 E. New York Street in the form of Exhibit "B" attached hereto, and have been duly submitted to the Corporate Authorities of the City of Aurora for review for the property described in Exhibit "A"; and WHEREAS, after due notice and publication of said notice, the Planning and Zoning Commission conducted a public hearing on May 20, 2026, reviewed the petition and recommended APPROVAL of said petition; and WHEREAS, on May 27, 2026, the Building, Zoning and Economic Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended APPROVAL of said petition; and WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning and Zoning Commission, finds that the proposed Conditional Use is not contrary to the purpose and intent of Chapter 49 of the Code of Ordinances, City of Aurora. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance. Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval. Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists. Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect. Section Five: In accordance with Section 104.3 of Chapter 49 of the Code of Ordinances, City of Aurora, being the Zoning Ordinance and the Zoning Map attached thereto, and Article VI of Chapter 34 of the Code of Ordinances, City of Aurora, a Conditional Use permit is hereby granted for a Planned Development for the real estate property legally described in Exhibit "A". Section Six: That this Conditional Use permit hereby granted is solely for the purpose of a Planned Development and is subject to all of the conditions set forth herein which shall be binding and remain in full force and effect upon the property, the petitioner and their respective heirs, executors, administrators, successors, assigns and devisees for the duration of said Conditional Use. Section Seven: That the Plan Description in the form of Exhibit "B" attached hereto and included herein by reference as if fully set forth and incorporated in and made a part of this Ordinance is hereby approved. Section Eight: That should any of the above-stated conditions not be met or that the property described in Exhibit "A" is not developed in accordance with the Conditional Use the City Council shall take the necessary steps to repeal this Ordinance. Section Nine: That future proposals for expansion or intensification of whatever kind for the property legally described in said Exhibit "A", except as provided for herein, shall be considered only upon proper application, notice and hearing as provided Section 34.601 of Chapter 34 of the Code of Ordinances, City of Aurora. Section Ten: That the property legally described in Exhibit "A" shall remain in the underlying zoning classification of B-3 Business and Wholesale District and upon termination of the use of said property for a Planned Development, this Conditional Use permit shall terminate and the classification of B-3 Business and Wholesale District shall be in full force and effect. Section Eleven: That this Planned Development shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances. Section Twelve: That all modifications and exceptions under the Zoning Ordinance and all modifications and exceptions from the Subdivision Control Ordinance and Building Code as set forth in the Plan Description, are hereby granted and approved. ORDINANCE NO. _________ DATE OF PASSAGE ________________