RESOLUTION
BY COUNCIL PRESIDENT COLLINS-BELLAMY, MAJORITY LEADER RUBBO, MAJORITY WHIP ROBINSON, MINORITY LEADER BREEN, COUNCILMEMBERS PINEDA-ISAAC, DIAZ, AND HODGES:
RESOLUTION TO APPROVE A SPECIAL USE PERMIT APPLICATION FOR TESLA CHARGING STATIONS TO BE OPEN TO THE PUBLIC 24 HOURS AT BLOCK: 4071 LOT: 1 ON THE PROPERTY KNOWN AS 193 MARKET STREET, ZONED “PMD” DISTRICT, PURSUANT TO ARTICLE VII OF THE YONKERS ZONING ORDINANCE.
WHEREAS, on March 11, 2026, the Planning Board of the City of Yonkers, by unanimous vote, approved the special use permit application for a 24 Hour Use Permit FOR TESLA CHARGING STATIONS TO BE OPEN TO THE PUBLIC 24 HOURS AT BLOCK: 4071 LOT: 1 ON THE PROPERTY KNOWN AS 193 MARKET STREET, ZONED “PMD” DISTRICT, PURSUANT TO ARTICLE VII OF THE YONKERS ZONING ORDINANCE; and
WHEREAS, The Planning Board found that this application met the criteria to be classified as a Type II action pursuant to 6 NYCRR Part 617.5(c)(9), 617.5(c)(18) and therefore determined that no further environmental review was required for this project; and
WHEREAS, Section 43-74 (A)(3) of the Zoning Ordinance dictates special use permits requirements for certain business, commercial and office uses open between midnight and 6 A.M. The law provides that the Planning Board, in making its determination, may consider any and all factors it deems necessary to render
a fair determination, including but not limited to:
a. The location or proximity of the establishment within or to the residential area.
b. The methods used by the owners, operator or general manage to mitigate the adverse effect of noise, litter, lighting, and traffic upon the residential area.
c. The security measures used by the establishment to prevent or discourage robberies, vandalism and loitering.
d. Such other factors that, in the discretion of the Board, are necessary to protect the general health, safety and welfare; and
WHEREAS, The Planning Board has weighed the following factors in determining the approval of a 24-hour Special Use permit for the Tesla Charging Stations.
Findings:
1. Applicant is proposing to install 20 Tesla Superchargers within the existing Ridge Hill Cole Street parking garage with associated electrical equipment.
2. These charging stations are within the existing parking garage, and appear to have a minimal impact.
3. The Yonkers Police Department has provided an incident report (attached) with a very limited number of calls for service at this location
4. On February 11, the Planning Board held its duly required public hearing on the 24 hour special use permit at which time, one member of the public spoke. The Planning Board closed the public hearing on February 11, 2026; and
WHEREAS, at its meeting of March 11, 2026, the Planning Board approved the special use permit for a 24 Hour Use Permit and forwarded it to the City Council for its final determination; and
WHEREAS, in accordance Section 43-74 (A)(3) 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 interest of the City to approve the 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 special use permit application be granted; and
BE IT FURTHER RESOLVED, that, based upon the record and findings ofthe 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 February 11, 2026 public hearing transcript and the March 11, 2026 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.