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File #: TMP-0566    Version: 1
Type: Resolution Status: Referred
File created: 11/28/2025 In control: City Council of Yonkers Stated Meeting
On agenda: 12/9/2025 Final action:
Title: 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.
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 ...

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