RESOLUTION
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP NORMAN, MINORITY LEADER BREEN, COUNCILMEMBERS, PINEDA-ISAAC, DIAZ AND MERANTE:
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A RESOLUTION ADOPTING SEQRA FINDINGS STATEMENT FOR THE ENVIRONMENTAL IMPACT STATEMENT PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (“SEQRA”) REGARDING AMENDMENTS TO THE ZONING ORDINANCE OF THE CITY OF YONKERS ESTABLISHING A “CASINO SPECIAL DISTRICT” AND AN AMENDMENT TO THE ZONING MAP OF THE CITY OF YONKERS TO REZONE THE REAL PROPERTY DESIGNATED ON THE CITY OF YONKERS TAX ASSESSMENT MAP AS SECTION 6, BLOCK 6125, LOTS 1, 2 AND 3 TO THE “CASINO SPECIAL DISTRICT”.
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WHEREAS, MGM Yonkers Inc. (the “Applicant”), proposes the redevelopment of the existing Empire City Casino, which is on an approximately 97.5-acre parcel located at 810 Yonkers Avenue, in the City of Yonkers, designated on the City tax map as Section 6, Block 6125, Lots 1, 2 and 3 (the “Site”); and
WHEREAS, the proposed action calls for the redevelopment of the Site as a “Destination Resort Casino” (as defined by State law and the Proposed Zoning Amendments discussed below) to be known as “MGM EmpireCity;” and
WHEREAS, The Applicant has petitioned the City Council of the City of Yonkers (the “City Council”) for amendments to the City of Yonkers Zoning Ordinance (the “Zoning Ordinance”) that would expressly permit and more appropriately regulate the proposed use than the regulations of the IP (Planned Industrial, Residences Excluded) Zoning District in which the Site is currently located (the “Proposed Zoning Amendments”;) and
WHEREAS, MGM Empire City would include a significant expansion of the existing casino, new food and beverage facilities, a new sports book addition, a new entertainment and meeting venue, a new dealer school and human resources/administrative building, a new structured parking garage and associated vehicular and guest circulation, and new stormwater management, utility, landscaping and associated site improvements (all such improvements are collectively referred to as the “Project,” and the Project and all related actions including the Proposed Zoning Amendments are collectively referred to as the “Proposed Action”); and
WHEREAS, the Project also includes a potential future hotel, and the existing Yonkers Raceway horse racing facility will continue operating at MGM Empire City as it does today; and
WHEREAS, on January 30, 2024, the Applicant filed a petition with the City Council requesting adoption of the Proposed Zoning Amendments, which would create a new zoning district to be known as the “Casino Special District”, and amendment of the Zoning Map of the City of Yonkers to rezone the Site to this new Casino Special District; and
WHEREAS, at its meeting on February 13, 2024, the City Council received the Petition and referred the Petition to the Planning Board for its review and report and requested that the Planning Board act as lead agency for the Proposed Action under under the State Environmental Quality Review Act (“SEQRA”); and
WHEREAS, at its meeting on March 13, 2024, the Planning Board received the Petition and declared its intent to be lead agency for review of the Proposed Action under SEQRA and authorized circulation of the Environmental Assessment Form to involved and interested agencies; and
WHEREAS, on March 26, 2024, the City Council consented to the designation of the Planning Board as lead agency; and
WHEREAS, on March 27, 2024, the Applicant submitted a draft Scoping Document to the Planning Board, documenting the proposed contents of the Draft Environmental Impact Statement (DEIS) being prepared by the Applicant; and
WHEREAS, on April 10, 2024, the Planning Board scheduled a public scoping session for May 8, 2024, subject to the Planning Board’s confirmation as Lead Agency; and
WHEREAS, on May 8, 2024, the Planning Board confirmed its designation as Lead Agency, issued a Positive Declaration requiring the preparation of the DEIS, and conducted the public scoping session; and
WHEREAS, on June 12, 2024, the Planning Board adopted the scoping document; and
WHEREAS, on November 4, 2024, a draft of the DEIS was submitted to the Planning Board for a determination of completeness, and the Planning Board, City staff and consultants provided completeness comments, which were addressed in a revised DEIS; and
WHEREAS, the revised DEIS was submitted to the Planning Board and was subsequently accepted as complete on December 11, 2024; and
WHEREAS, the Planning Board published a Notice of Completion of the DEIS and caused copies of the DEIS to be filed in accordance with the requirements of §617.9 of the SEQRA regulations, and the Lead Agency scheduled a public hearing for January 8, 2025; and
WHEREAS, the public hearing on the DEIS was held on January 8, 2025, at which the public hearing was closed, and a written comment period was extended to January 27, 2025; and
WHEREAS, on February 3, 2025, the Final Environmental Impact Statement (FEIS) was submitted to the Planning Board for a determination of completeness; and
WHEREAS, the Planning Board, City staff, and City’s technical consultants provided completeness comments, which were addressed in a revised FEIS; and
WHEREAS, the revised FEIS was submitted to the Planning Board and was subsequently accepted as complete on April 9, 2025; and
WHEREAS, the Planning Board published a Notice of Completion of the FEIS in NYSDEC’s Environmental Notice Bulletin and copies of the DEIS and FEIS were made available for public review at the City of Yonkers offices, the Library, and online to afford agencies and the public a minimum of ten calendar days to consider the FEIS; and
WHEREAS, the Planning Board considered the relevant environmental impacts, facts and conclusions disclosed in the FEIS; and
WHEREAS, the Planning Board weighed and balanced relevant environmental impacts with social, economic and other considerations; and
WHEREAS, the Planning Board provided a rationale for its decision in the SEQRA Findings Statement; and
WHEREAS, the Planning Board certified that the requirements of SEQR have been met; and
WHEREAS, the Planning Board certified that consistent with social, economic and other essential considerations from among the reasonable alternatives available, the Proposed Action is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures that were identified as practicable; and
WHEREAS, on April 24, 2025, the Planning Board duly adopted a Findings Statement (the “Findings Statement”) concluding its review of the Proposed Action under SEQRA, and adopted a positive recommendation on the Proposed Action pursuant to Section 43-164 of the Zoning Ordinance ; and
WHEREAS, the City Council as an involved agency under SEQRA, is also required to adopt its own Findings Statement for the Proposed Action;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that based on the Findings Statement, DEIS, FEIS, reviewed by City Council, the City Council hereby finds and determines that consistent with social, economic and other essential considerations form among the reasonable alternative available, the Proposed Action is one that avoids or minimizes significant adverse environmental impacts to the maximum extent practicable, and that any potential significant adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating as conditions to the decision those mitigation measures that were identified as practicable in the Findings Statement;
BE IT FURTHER RESOLVED that the City Council concurs with the Findings Statement and hereby adopts the Findings Statement as its own;
AND BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately.