GENERAL ORDINANCE NO. _______-2025
By MAJORITY LEADER JOHN RUBBO & MAJORITY WHIP DEANA ROBINSON
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A GENERAL ORDINANCE AMENDING CHAPTER 43 OF THE CODE OF THE CITY OF YONKERS KNOWN AS THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF YONKERS TO ADD A NEW "PLANNED FILM & EDUCATIONAL DEVELOPMENT USE" AS A SPECIAL USE PERMIT TO THE MG DISTRICT AS DESCRIBED AND DEFINED IN SECTION 43-74 THEREOF
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The City of Yonkers, in the City Council convened, does hereby ordain and enact:
Section 1. Recitals
WHEREAS, on July 18, 2024, i.Park Riverdale, LLC ("iPark") filed a petition in the Office of the Yonkers City Clerk, proposing to develop its property located at 501 Hawthorne Avenue (Tax Map Section 1, Block 1, Lot 2) in southwest Yonkers (the "Property"), to include a "Media and Production Magnet School," to be called the "Robert Halmi, Sr. Academy for Film and Television (the "Academy"); and
WHEREAS, i.Park Riverdale, LLC (the “Applicant”) is seeking to redevelop the property at 501 Hawthorne Avenue (Project Site), including updating existing facilities for education and office use, and constructing a 90,000 sq. ft. studio complex with a 250-space parking structure. The Applicant proposes to amend the Zoning Code text for the MG zoning district, allowing "Planned Film and Educational Development" as a Special Permit Use. In order to be able to apply for a Special Use Permit for a "Planned Film and Educational Development" the applicant must have 25 acres or more of contiguous acres and existing structures to be reused for educational purpose
WHEREAS, the Academy is projected to enroll 400 to 600 students in grades 6 through 12, providing these students access to a fully operational studio complex, including film-making, set design, set direction, costume design and post-production; and
WHEREAS, iPark proposes to renovate and adapt the current structures on the property, including extensive renovation of the Biondi School, Ames School, and Administration buildings for use as middle and high schools as part of and to be operated by the Yonkers Board of Education; and
WHEREAS, the iPark development proposal will provide hands-on, realistic educational opportunities for Yonkers students and direct paths to employment and apprentice opportunities in the media, film and studio industries; and
WHEREAS, on ___________ 2024 the Yonkers City Council conducted a Public Hearing
WHEREAS, the Yonkers Planning Board Assumed Lead Agency status under the State Environmental Quality Review Act on October ___, 2024; and
WHEREAS, on December 11, 2024 in accordance with the provisions of 6 NYCRR Part 617.7, the City of Yonkers Planning Board, acting as Lead Agency for this Type I Action involving Coordinated SEQR review, having reviewed and analyzed a Full Environmental Assessment Form (FEAF) with supporting environmental analyses and site plans for the proposed property and its use, determined that the action as set forth below will not have a significant adverse impact on the environment and the Planning Board adopted a Negative Declaration; and
WHEREAS, this application requires a recommendation by the Planning Board per Section 43-164 of the Code of the City of Yonkers; and
WHEREAS, the City Council has carefully examined the Application and the Applicant’s materials, including the Zoning Petition of the Applicant, dated July 18, 2024, and as further detailed in “The Rezoning Study - Establishment of Planned Film & Education Developments” dated May 24, 2024, and
WHEREAS, The City Council has duly considered the record, together with the action, and the Planning Board’s analysis, findings and conclusions associated with the proposed development and zoning amendment in accordance with procedures set forth at 6 NYCRR Part 617 and the criteria set forth at 6 NYCRR Part 617.7 pursuant to the requirements of the State Environmental Quality Review Act (SEQRA)
WHEREAS, the City Council, finds that approval of the redevelopment of the Project Site, and the amendment of the Zoning Code text for the MG zoning district, allowing "Planned Film and Educational Development" as a Special Permit Use, would not have a significant adverse impact on the environment for the reasons stated therein; and
WHEREAS, the City Council finds that the redevelopment of the Project Site and the amendment of the Zoning Code text for the MG zoning district, allowing "Planned Film and Educational Development" as a Special Permit Use, is consistent with the goals of the City’s Comprehensive Plan to encourage economic development in that the expansion of film and studio uses at the Project Site will help create jobs and remain competitive in the region, and
NOW, THEREFORE, BE IT RESOLVED, the City Council hereby grants the Petition for the Zoning Text Amendment for the MG zoning district, allowing "Planned Film and Educational Development" as a Special Permit Use, for all the reasons stated herein and in the Negative Declaration adopted by the City of Yonkers Planning Board. And
Be it further resolved, the Yonkers City Council hereby adopts the General Ordinance amending the Zoning Code as follows:
Section 2.
§43-74(K) Planned Film and Educational Development
(a) Locations of permitted Planned Film and Educational Development. The Yonkers City Council has determined that a planned film and educational development is permitted by special use in the following areas within the MG District:
• On tracts of land of 25 or more contiguous acres; and
• Already contains existing structures proposed to be reused for educational or film industry facilities.
(b) Preliminary determination. An applicant may apply to the Planning Board for a Planned Film and Educational Development. Such application shall be accompanied by a sketch plan indicating, in general, the plan, proposed uses, and the manner in which the application will be in compliance with the conditions of this Section. The applicant shall provide sufficient detail to assist the Planning Board in making a preliminary determination as to the desirability of the location of a Planned Film and Educational Development at the site in question.
(c) Application. If, in the opinion of the Planning Board, such a Planned Film and Educational Development will assist in achieving the objectives of the City of Yonkers Comprehensive Plan, Zoning Ordinance, Official Maps or other codes and ordinances, the applicant shall be directed to file a complete special use permit and site plan application. Following an approval of a special use permit application by the Planning Board, a transcript of the Planning Board's public hearing and a copy of its findings and decisions shall be forwarded to the Yonkers City Council within 20 days. Within 45 days of receipt of the Planning Board's decision, the City Council shall approve, disapprove, or approve with modifications the decision of the Planning Board with respect to the granting of the special use permit.
(d) Following approval of the special use permit by the Planning Board and the Yonkers City Council as required for special use permits, a site plan of the Planned Film and Educational Development shall be submitted in accordance with the requirements of Article IX, Site
Plan Review, of this chapter.
(e) Adaptive reuse of existing buildings.
• To the greatest extent possible, existing buildings are to be incorporated into any Planned Film and Educational Development.
(f) Permitted Uses.
• The uses as identified by the underlying MG district shall continue to apply.
• Additional principal uses may be permitted as follows:
(a) Audio, radio, video, television stations and studios
(b) Theater and movie theaters
(c) Colleges/ Universities
(d) Schools
(e) Offices
(c) Additional accessory uses may be permitted as follows:
(b) Restaurants, commissary and in-house
(c) Accessory warehousing and storage
(d) Solar Energy Collectors
(g) Criteria for Planned Film and Educational Development.
• Dimensional standards. The dimensional regulations shall be consistent with the minimum requirements in the MG Zone District, as per Table 43-3, Schedule of Dimensional Requirements, except:
(f) Maximum Percentage Building Coverage shall be 60%.
(g) Maximum Stories/Height shall be 4 stories or 60 feet, whichever is less.
(b) Parking standards. The parking and loading requirements in the Schedule of Parking and Loading Requirements(§ 43-128, Tables 43-4 and 43-5) shall apply, except as follows:
(e) The Planning Board may reduce the parking requirements in Table 43-4, Schedule of Parking Regulations, up to 20% for new development when a parking analysis is provided to the approving board demonstrating that the proposed parking will be adequate for the proposed on-site uses.
(f) Any application may also propose alternative methods of parking as listed in
43-132(C).
(c) Design standards.
[1] Developments shall be designed to complement the existing historic and/or traditional design elements found on-site to the greatest extent possible.
[2] Materials used for non-studio buildings shall complement the materials found on-site and in the surrounding neighborhood. Traditional materials such as brick, stone, wood siding, metal and windows are preferred to plastic, vinyl, artificial stone and siding materials.
The front and principal facades shall not be encumbered with heating, air conditioning or ventilation equipment, with the exception of air conditioners in wall sleeves.
Section 3. This ordinance shall take effect immediately.