GENERAL ORDINANCE
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP ROBINSON, MINORITY LEADER BREEN, AND COUNCILMEMBERS PINEDA-ISAAC, DIAZ AND MERANTE:
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A GENERAL ORDINANCE AMENDING CHAPTER 43 OF THE CODE OF THE CITY OF YONKERS, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF YONKERS, AND THE ACCOMPANYING ZONING MAP BY AMENDING SAID MAP BY CHANGING THE ZONE CLASSIFICATION OF THE REAR EAST PORTION OF 218 SOUTH BROADWAY, DESIGNATED ON THE CITY’S TAX MAP AS SECTION 1, BLOCK 191, LOT 31, FROM ITS PRESENT “SB CENTRAL SUBDISTRICT” ZONE TO A “C” COMMERCIAL ZONE, AND ISSUING A NEGATIVE DECLARATION PURSUANT TO SEQRA.
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The City Council of the City of Yonkers, in City Council convened, does herby ordain and enact as follows:
Section 1. Recitals
1. On January 18, 2024, a petition was filed in the Office of the Yonkers City Clerk by DMD REALTY, LLC (“Applicant”), seeking an amendment to the City of Yonkers Zoning Code to reclassify and rezone the rear east portion of the property known as 218 South Broadway (Section 1, Block 191, Lot 31 on the City’s Tax Map) from its current “SB Central Subdistrict” zone classification to a “C” Commercial zone classification to be consistent with the zone classification of 12 Bright Place, the neighboring premises, and to ensure that the new zoning lines are consistent with the City’s tax lots, which change is being processed by the City.
2. The proposed amendment was subsequently presented to the Planning Board of the City of Yonkers and the Westchester County Planning Board, as required under the General Municipal Law. On March 25, 2024, the County’s Planning Board deemed the matter to be of local concern, and on June 12, 2024, the City’s Planning Board issued a favorable recommendation on the proposed zone change.
3. Thereafter, the application was presented to the Yonkers City Council, and on September 24, 2024, the Council adopted Resolution NO.156-2024, initiating the Lead Agency Determination/Coordinated review process.
4. With that, the City Council issued notice, pursuant to Article 8 of the Environmental Conservation Law and General Municipal Law, for the purpose of determining lead agency status, as required by the State Environmental Quality Review Act (“SEQRA”) and Part 617 (6 NYCRR Part 617), the Statewide implementing regulations pertaining to SEQRA. A Short Environmental Assessment Form (“EAF”) prepared by the Applicant accompanied the notice as a basis for the determination of the significance of the proposed project on the environment.
5. Thereafter, as the only involved agency in the proposed amendment, the City Council established itself as Lead Agency in accordance with SEQRA and began its review process for the proposed zoning map change;
a. Following review by the City Council, it has since determined that the proposed zoning amendment is an Unlisted action under SEQRA, Section 8-0101 et. seq. of the Environmental Conservation Law and the regulations promulgated thereunder; and
b. The City Council has reviewed and considered the entire record, namely, the short form EAF, together with the criteria set forth in Section 617.7(c) of the SEQRA regulations; and
c. The City Council has identified and carefully considered the relevant areas of environmental concern to determine whether the proposed action will result in any significant adverse environmental impacts, again, considering the criteria set forth in Section 617.7(c) of the SEQRA regulations; and
d. Based upon the City Council’s review of the EAF, the factors required to be considered under Section 617.7(c) of the SEQRA regulations, and the materials submitted by the Applicant, the City Council hereby issues a Negative Declaration under SEQRA that the proposed action will not result in any significant adverse impact on the environment, and that the preparation of an Environmental Impact Statement is not required; and
e. The City Council finds that the project will continue the City’s efforts to update and streamline the Zoning Code by providing a geographical nexus between neighboring properties, better support the use of 12 Bright Place, and be in furtherance of the existing neighborhood fabric and historic land use patterns; and
f. The City Council, thus, desires to amend the Zoning Ordinance to incorporate the proposed amendment; and
g. On October 22, 2024, the City Council conducted a public hearing on the proposed amendment in accordance with the requirements of Section 43-165 of the City’s Zoning Ordinance.
Section 2: Amendment
General Ordinance No. 4-2000 and the accompanying map, also known as Chapter 43 of the Code of the City of Yonkers and more commonly known as the Zoning Code of the City of Yonkers, is hereby amended, as follows: (1) Section 43-12 of the Zoning Code, entitled “Zoning Map,” shall be amended to rezone and reclassify the rear east portion of the premises known as 218 South Broadway, designated on the City’s Tax Map as section 1, block 191, lot 31, from its present “SB Central Subdistrict” zone to a “C” Commercial zone), as shown and designated on the official Tax Map of the City of Yonkers.
Section 3. This Ordinance shall take effect immediately.