HomeMy WebLinkAboutPB 2025-08 Mirabito 2025 Prelim site subdivision
PB 2025-08 (filed 2025-2-21)
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PB RESOLUTION 2025-08: Preliminary Site Plan/Subdivision, Special Permit
Mirabito Redevelopment Project
301 Pine Tree Road
Tax Parcel No.’s 62.-2-1.121, 62.-2-1.13, 62.-2-1.22
Town of Ithaca Planning Board, February 18, 2025
WHEREAS:
1. This action is consideration of Preliminary Site Plan, Special Permit, and Preliminary
Subdivision approval for the proposed Mirabito convenience store with gasoline sales and
Burger King drive-thru restaurant, located at 301 Pine Tree Road. The project involves
demolishing the existing 600+/ square foot gas station building and fuel canopy, and the
2,800+/- square foot former Burger King building, and redeveloping the site with a new
6,000+/- square foot building containing a convenience store and restaurant with drive-thru,
gasoline sales, fuel canopy, electric vehicle charging stations, stormwater facilities,
sidewalks/pedestrian amenities, landscaping, and other site improvements. Cornell University,
Owner; James Ballantyne, Napierala Consulting, PC, Applicant; Brett Hughes, Mirabito
Energy Products, Agent,
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as the lead
agency in an uncoordinated environmental review with respect to the project, has, on February
18, 2025, made a negative determination of environmental significance, after reviewing and
accepting as adequate a Short Environmental Assessment Form Part 1, submitted by the
applicant, and Parts 2 and 3 prepared by Town Planning staff,
3. The Planning Board, on February 18, 2025, has reviewed and accepted as adequate: a binder of
materials titled “Site Plan Review Materials For Proposed Mirabito Redevelopment Project,
301 Pine Tree Road, Ithaca, NY, 14850,” including set of revised drawings titled “Proposed
Mirabito Redevelopment Project, 301 Pine Tree Road, Ithaca, NY, 14850, Town of Ithaca,
Tompkins County, New York State,” with sheets C-0, C-1, C-2, C-2.1, C-3 through C-14,
prepared by Napierala Consulting, dated 05 May, 2023 and most recently revised 1/14/2025;
architectural plans titled “Convenience Center W/Fuel, Mirabito, Ithaca, NY,” including sheets
A-101 through A-116, prepared by Delta Engineers, Architects & Surveyors, dated 02/06/2025;
a subdivision plat titled “Subdivision Map, For Cornell University Located At, No. 1010 Ellis
Hollow Road and No. 301 Pine Tree Road, Town of Ithaca, Tompkins County, New York,”
prepared by T.G. Miller, P.C., dated 4/17/2023 and revised 6/15/2023; and other application
materials, and
4. Project plans, and related information, were duly delivered to the Tompkins County Planning
and Sustainability Department per New York State General Municipal Law §§239- l et seq.,
and such Department responded in a January 31, 2025, letter from Katherine Borgella,
Tompkins County Commissioner of Planning, pursuant to §§239-l, -m, and -n of the New York
State General Municipal Law, determining that the proposed action will have no significant
county-wide or inter-community impact;
PB 2025-08 (filed 2025-2-21)
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NOW THEREFORE BE IT RESOLVED:
That the Planning Board hereby finds that the Special Permit standards of Article XXIV Section
270-200, Subsections A – H, of the Town of Ithaca Code, have been met, specifically that:
A. The project will be suitable for the property on which it is proposed, considering the property’s
size, location, and physical site characteristics.
The project involves a subdivision and consolidation of adjacent parcels to accommodate the
combined proposed commercial uses, which are uses that already exist separately on each parcel (or
formerly existed, in the case of the Burger King). The properties are located in a commercial zone,
and their physical site characteristics are appropriate for the proposed project.
B. The proposed structure design and site layout are compatible with the surrounding area.
The proposed structure design is more compatible with the surrounding area than the 1970’s
architecture that dominates the East Hill Plaza. The proposal includes modern architectural designs
that match some of the other nearby commercial uses. The site layout has been specifically
structured to be compatible with the Traditional Neighborhood Development goals of the Town
Comprehensive Plan.
C. Operations in connection with the proposed use do not create any more noise, fumes, vibration,
illumination, or other potential nuisances than the operation of any permitted use in the zone.
The proposed uses will be the same as the existing uses – gas station, convenience store, and drive-
thru restaurant. Operations in connection with the uses will be similar to existing. All outdoor
lighting is required to comply with the Town Outdoor Lighting Law.
D. Community infrastructure and services, such as police, fire and other protective services,
roadways, schools, and water and sewer facilities are currently, or will be, of adequate capacity
to accommodate the proposed use.
All community infrastructure and services are of adequate capacity to accommodate the use.
E. The proposed use, structure design, and site layout will comply with all the provisions of the
Town Code and with the Town of Ithaca Comprehensive Plan, except where variances are
being considered by the Zoning Board of Appeals.
F. The site layout, with proposed vehicular, bicycle and pedestrian access, traffic circulation, and
parking and loading facilities, is sufficient for the proposed use and is safely designed for
emergency vehicles.
The project has been carefully designed for safe vehicular, bicycle, pedestrian access, traffic
circulation, and parking and loading facilities. All accessways have been safely designed for
emergency vehicles.
G. The project includes sufficient landscaping and/or other forms of buffering to protect
surrounding land uses. Existing vegetation is preserved to the extent possible.
There is minimal tree and vegetation loss associated with the project, including removal of mature
Norway Spruce trees, which are on the list of Invasive Plants of the Ithaca New York Area (2017).
The project includes some landscaping. The applicant may be required to increase the amount of
landscaping and the size of proposed trees before consideration of final site plan approval.
H. To the extent deemed relevant by the Planning Board, the proposed use or structure complies
with all the criteria applicable to site plan review set forth in Chapter 270, Zoning.
PB 2025-08 (filed 2025-2-21)
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AND BE IT FURTHER RESOLVED:
That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval and
Preliminary Subdivision Approval for the proposed Mirabito Redevelopment Project, as shown on
the submitted plans referenced in Whereas #3 above, with the following conditions to be met:
Prior to Final Site Plan/Final Subdivision Approval
a. Submission of a revised set of coordinated site plan, civil, and architectural drawings that
show all the same elements of the proposal (e.g., Site Plan C-3 should show striping across
crosswalk per A-111 rendering; and rendering A-116 should show striped crosswalk across
Ellis Hollow Road),
b. Submission of the following revised plans:
i. Landscaping Plan (Sheet C-7), showing additional landscaping along the Ellis Hollow
Road frontage of the project, with non-invasive, local, deer-resistant trees and shrubs
(trees of a larger caliper, where possible),
ii. Layout plan (Sheet C-3) showing the placement of a least one bike rack near the main
entrance to the project,
iii. Detail plan (Sheet C-10) eliminating the chain-link fence and showing a different type
of fencing material around the proposed dumpster enclosure,
c. Revision of the lighting plan to indicate a 3000k maximum LED color temperature for the
proposed canopy lights, light poles, and building lighting, except as otherwise required by
NFPA,
d. Submission of all site details including (but not limited to) exterior furnishings, patio
furnishings, bicycle racks, walls, railings, bollards, and paving materials,
e. Submission of a construction staging plan for the project, along with a truck hauling plan
that shows the proposed truck routes for any materials entering or exiting the project site
pre-construction and during construction,
f. Submission for review and approval by the Town Engineering Department, of all the items
related to SWPPP that are noted on the memo written by David O’Shea, Town Engineer,
and Justin McNeal, Civil Engineer, dated February 4, 2025,
g. Submission of proof from the Tompkins County Highway Department that the project
improvements proposed within the county right-of way are acceptable,
h. Submission, for review and approval by the Director of Code Enforcement, of a fire
apparatus access plan, showing the Ithaca Fire Department auto turn path,
i. Submission, for review and approval by the Director of Code Enforcement, of fire flow
calculations with the method(s) utilized to verify compliance with the 2020 NYS Fire Code
Section 507.1,
j. Granting of any necessary variances from the Zoning Board of Appeals,
PB 2025-08 (filed 2025-2-21)
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Prior to Issuance of a Building Permit:
k. Submission, review, execution, and filing of an Operation, Maintenance and Reporting
agreement for the proposed stormwater management facilities, with the Town of Ithaca,
specifying the ownership and maintenance responsibilities for the stormwater system,
including:
i. Submission of an access easement, or other mechanism, to assure Town of Ithaca
access to the stormwater facilities,
ii. Review and approval of the access easement and the Operation, Maintenance, and
Reporting Agreement by the Attorney for the Town and the Town Engineer, and
iii. Town Board authorization to allow the Town Supervisor to sign any necessary
easements and the Stormwater Operation, Maintenance, and Reporting Agreement
associated with the project,
l. Submission for signing by the Planning Board Chair of an original and three dark lined
prints of the approved final subdivision map, revised to state “Pine Tree Road,” instead of
“Judd Falls Road,” prior to filing with the Tompkins County Clerk’s Office; and submission
of a copy of the receipt of filing to the Planning Department,
m. Within six months of the final approval, consolidation of Parcels 1-A, 1-B, and 1-C on the
approved subdivision plat, and submission to the Town Planning Department of a copy of
the completed Tompkins County Consolidated Request form,
n. Approval by the Town Board, full execution and filing of a water easement granted from
Cornell University to the Town of Ithaca for the maintenance and access to the water
infrastructure; such easement shall be satisfactory to the Attorney for the Town and the
Town of Ithaca Director of Engineering,
o. Submission of a copy of any required highway work permits from the Tompkins County
Highway Department.
Moved: Liz Bageant Seconded: Sara Reynolds
Vote: Ayes: Cameron, Bageant, Reynolds, Arms, McGurk