City Council:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MOUNT VERNON ADOPTING A FINDINGS
STATEMENT PURSUANT TO SEQRA FOR THE
DOWNTOWN TRANSIT ORIENTED ARTS DISTRICT (DTOAD)
WHEREAS, the City of Mount Vernon (“City”) and 20 S. 2nd Square CMV, LLC (“Petitioner”) entered into a Land Disposition Agreement, dated July 2, 2021, as amended (“Agreement”), in connection with the development of approximately 340,000 square feet of mixed residential development and other amenities, approximately 320 mixed-income residential apartments, and up to 18,000 square feet of non-residential community space (“Development Project”); and
WHEREAS, to facilitate the Development Project, Petitioner submitted a Zoning Petition for Zoning Map and Text Amendment, dated December 3, 2021, seeking to rezone approximately forty-one (41) tax parcels of property between East 1st and East 2nd Streets and between South 1st and South 3rd Avenue (“Property”), including certain City-owned parcels, as a new transit oriented district to be called the Downtown Transit Oriented Arts District (“DTOAD”) (“Zoning Petition,” together with the Development Project, the “Proposed Action”); and
WHEREAS, the Property is currently located in the Downtown Business (DB) and Multifamily Residence (RMF-10) zoning districts; and
WHEREAS, Petitioner is the owner of four separate tax lots identified on the City of Mount Vernon Tax Map as Section 165.70, Block 3221, Lots 11, 13, 37 and 39 (“Development Site”); and
WHEREAS, the Development Site is located within the Property proposed to be rezoned to DTOAD; and
WHEREAS, the Proposed Action is a Type I Action, and Petitioner, pursuant to the Agreement, agreed to conduct a full environmental review pursuant to SEQRA and its implementing regulations; and
WHEREAS, the City Council is embarking on a study to create a Comprehensive Plan for the Mount Vernon East Downtown Area; and
WHEREAS, pursuant to the Comprehensive Plan process, on January 24, 2024, the City Council adopted a Downtown Vision Report; and
WHEREAS, the Proposed Action is consistent with the Downtown Vision Report, which recommends medium (up to 12 stories) to high density (up to 15 stories) for the area of the City in which the Property is located; and
WHEREAS, the City Council adopted a Resolution on January 26, 2022, declaring its intent to act as Lead Agency under SEQRA for the Proposed Action; and
WHEREAS, the City Council adopted a Resolution on June 28, 2023, issuing a Notice of Completion and scheduling a public hearing on the Draft Generic Environmental Impact Statement (“DGEIS”) for the Proposed Action in accordance with SEQRA (6 N.Y.C.R.R. Section 617.9(a)(2)); and
WHEREAS, the DGEIS examined the potential significant adverse environmental impacts of the Proposed Action; and
WHEREAS, the City Council held public hearings on the DGEIS on August 9, 2023, and December 13, 2023, and accepted written comments on the DGEIS through December 27, 2023; and
WHEREAS, Petitioner has reduced the scale and footprint of the Development Project in response to public comments on the DGEIS, which modifications are described and studied in a Final Generic Environmental Impact Statement (“FGEIS”) that was submitted to the City Council on August 13, 2024; and
WHEREAS, as modified, the Development Project currently consists of approximately 307,932 s.f. of mixed residential development and other amenities in two, 12-story buildings, including 272 mixed-income residential apartments, approximately 15,630 s.f. of community facility space (including outdoor courtyard space for the arts), and 109 parking spaces; and
WHEREAS, the FGEIS examined the potential significant adverse environmental impacts of the Proposed Action, including the proposed DTOAD zoning code and zoning map amendments, as well as the proposed site-specific Development Project; and
WHEREAS, even though SEQRA does not require a public hearing on the FGEIS, the City Council determined to hold a public hearing given the interest regarding the Proposed Action and the Project modifications following the DGEIS, as well as that a public hearing is otherwise required for the Zoning Petition; and
WHEREAS, the City Council adopted a Resolution on January 8, 2025, determining that the FGEIS was complete for the purpose of holding a joint Public Hearing on the FGEIS and Zoning Petition; and
WHEREAS, the City Council duly published a Notice of Completion on the FGEIS and Notice of Public Hearing in the official newspaper for the City on January 23, 2024, January 30, 2024, and February 6, 2025, and distributed the notices in accordance with 6 N.Y.C.R.R. Section 617.12; and
WHEREAS, the City Council conducted a joint Public Hearing on the FGEIS and Zoning Petition on February 11, 2025, at 7:00 P.M. at City Hall, at which time those wishing to comment were afforded an opportunity to be heard; and
WHEREAS, by letter dated February 19, 2025, the Westchester County Planning Department issued its recommendations with respect to the Proposed Action pursuant to Section 239-l, m, and n of the General Municipal Law; and
WHEREAS, on March 4, 2025, Petitioner submitted a Memorandum to the City Council, prepared by VHB, which addressed certain comments raised during the Public Hearing; and
WHEREAS, by letter dated March 6, 2025, the Planning Board issued its recommendations with respect to the Proposed Action pursuant to City Code Section 267-59; and
WHEREAS, the City Council, together with its professional consultants and special counsel, has conducted a review of the entire record with respect to the Proposed Action, including testimony at the public hearings held on August 9, 2023, December 13, 2023, and February 11, 2025, and written comments on the DGEIS and FGEIS, and gave consideration to the potential for significant adverse impacts based on the criteria set forth in the SEQRA regulations; and
WHEREAS, the City Council has prepared a written statement of environmental findings (“SEQRA Findings Statement”) pursuant to 6 N.Y.C.R.R. Section 617.11(c); and
WHEREAS, the SEQRA Findings Statement, which is annexed to this Resolution, sets forth the City Council’s reasoned elaboration as to the facts and conclusions as developed in the DGEIS, FGEIS, and in response to public and agency comments received as part of the review process relating to the potential environmental impacts of the Proposed Action; and
WHEREAS, the SEQRA Findings Statement also sets forth the City Council’s requirements, conditions and/or mitigation measures related to the Proposed Action pursuant to 6 N.Y.C.R.R. Section 617.11(d); NOW, THEREFORE, BE IT
RESOLVED, that the City Council finds that the Proposed Action avoids or minimizes adverse environmental impacts to the maximum extent practicable for the reasons set forth in the attached SEQRA Findings Statement; BE IT FURTHER
RESOLVED, that the City Council adopts the attached SEQRA Findings Statement for the Proposed Action as the City Council’s official written findings statement pursuant to 6 N.Y.C.R.R. Section 617.11; BE IT FURTHER
RESOLVED, that the City Council of the City of Mount Vernon, as Lead Agency for the SEQRA review of the Proposed Action, hereby determines that all procedural steps of SEQRA and its implementing regulations have been fully satisfied in connection with the Proposed Action; BE IT FURTHER
RESOLVED, that the City Clerk shall arrange to fulfill the filing and distribution requirements for the Findings Statement as required by the SEQRA regulations in 6 N.Y.C.R.R. Section 617.12, and to make all other filings required by law; BE IT FURTHER
RESOLVED, that, prior to the issuance of a Building Permit for the Development Project, the Applicant and City shall enter into an Off-Site Parking Lease Agreement governing the off-site spaces and PILOP. The lease payments for the off-site parking spaces shall commence upon the issuance of a Certificate of Occupancy for a residential unit(s) that needs such spaces to comply with the DTOAD parking requirements. The Agreement shall be consistent with the terms in the FGEIS and SEQRA Findings Statement, and subject to the satisfaction of Corporation Counsel and the City Council’s special counsel; BE IT FURTHER
RESOLVED, that this Resolution shall take effect immediately.