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 BY THE CITY COUNCIL OF THE CITY OF YONKERS, PURSUANT TO ARTICLES VII AND IX OF THE CITY’S ZONING ORDINANCE, TO APPROVE A SITE PLAN AND SPECIAL USE PERMIT APPLICATION TO DEMOLISH THE EXISTING CONVENIENCE STORE LOCATED AT BLOCK 5245, LOT 5, ON THE PROPERTY KNOWN AS 1282 MIDLAND AVENUE AKA 838 KIMBALL AVENUE, ZONED “BR” DISTRICT, AND CONSTRUCT A LARGER CONVENIENCE STORE.
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WHEREAS, on November 12, 2025, the Planning Board of the City of Yonkers, by unanimous vote, approved the site plan and special use permit application, submitted by CPD NY Energy Corp. (the “applicant”), for the property located at Block 5245, Lot 5, on the property known as 1282 Midland Avenue AKA 838 Kimball Avenue, zoned “BR” district, which is currently comprised of a Gas station and convenience store; and
WHEREAS, particularly, the site plan and special use permit is to demolish the existing 928 square foot convenience store to construct a larger 2,250 square foot convenience store. The proposal also includes a new, twenty (20) foot tall pricing sign and a new dumpster enclosure as well as other minor site modifications.
WHEREAS, the expansion of the existing, approved convenience store requires a new special use permit approval
WHEREAS, on October 28, 2014, the site received special use permit approval from the City Council to operate a 24-hour convenience store in conjunction with the gas station per §43-75 (A) of the Code.
WHEREAS, the current application for the expansion of the convenience store will require a new special use permit be approved by the City Council.
WHEREAS, on September 17, 2025 the City of Yonkers Zoning Board of Appeals declared its intent to serve as Lead Agency pursuant to SEQR for the coordinated environmental review of the project. The Zoning Board of Appeals determined that the proposed action will not result in any significant adverse environmental impacts and adopted a Negative Declaration for the project on September 17, 2025. No further SEQR review is required.
WHEREAS, on October 8, 2025 the Planning Board conducted a duly noticed public hearing on the site plan and special use permit application, at which all interested members of the public were invited to be heard; and
WHEREAS, at its meeting on November 12, 2025, the Planning Board unanimously approved the site plan and special use permit application and thereafter forwarded a copy of the hearing transcript and its Approval Resolution, dated, November 12, 2025, containing its findings and favorable recommendation to the City Council for consideration and a final decision pursuant to Section 43-55 of the City’s Zoning Ordinance; and
WHEREAS, in accordance with Section 43-55 of the City’s Zoning Ordinance, following an approval of a special use permit by the Planning Board, the City Council must approve, disapprove, or approve with modifications the decision of the Planning Board with respect to its grant of the special use permit within 45 days of receipt of the Planning Board’s findings and decision; and,
WHEREAS, upon referral by the Planning Board and receipt of the aforementioned documents, the City Council believes it to be in the best interests of the City approve the site plan and special use permit application; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council, in meeting assembled, hereby accepts the recommendation of the Planning Board that the site plan and special use permit application be granted; and
BE IT FURTHER RESOLVED, that, based upon the record and findings of the Planning Board with respect to the application, as well as the entire record before the City Council during its review of the application, the decision and actions of the Planning Board are hereby approved, and this approval is subject to any conditions set forth in the Planning Board Approval Resolution; and
BE IT FURTHER RESOLVED, that all of the conclusions, findings, and conditions contained in the Zoning Board’s September 17, 2025 Negative Declaration under SEQRA, the October 8, 2025 public hearing transcript and the November 12, 2025 Planning Board Approval Resolution are hereby incorporated by reference herein and made a part hereto; and
BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately.