Two years ago, a Michigan developer with plans for one of Cranberry's choicest corner lots thought he'd be celebrating the one-year anniversary of the township's newest strip plaza about now.
Instead, not a shovel of dirt has been turned at the junction of Route 19 and Ogleview Drive for the Cranberry Promenade, a retail plaza of nine buildings, including an Aldi discount grocery market.
"It's almost unbelievable, isn't it?" said Maureen Sweeney, a Pittsburgh attorney representing Warner Pacific, of Sturgis, Mich.
All of the plans for Cranberry Promenade were approved in December 2007, and hopes were high for construction in spring 2008.
But the developer has been unable to secure a highway occupancy permit from the Pennsylvania Department of Transportation.
The primary obstacle is a neighboring development owned by township businessman Rocco Viola. He owns the corner lot opposite the Cranberry Promenade site at Route 19 and Rowan Road. It has an office building and an attached single-story storefront that housed Market House grocery, which closed in 2005.
Cranberry planning director Ron Henshaw said Mr. Viola is concerned that so much traffic will be generated from Cranberry Promenade that long lines of vehicles will prevent patrons from making a left turn into his parking lot.
Ms. Sweeney said her client has attempted to negotiate with Mr. Viola for the purchase of a right-of-way agreement but has found Mr. Viola's demands too high.
In the meantime, the highway occupancy permit is held up.
"The bottom line is that we have to work through this process and address all the concerns. My client is willing to do that," Ms. Sweeney said.
The matter could be resolved by Warner Pacific agreeing to indemnify the township and the state against a future claim by Mr. Viola that granting the traffic permit for Cranberry Promenade amounts to "taking" his property.
Should such a claim be made, the developer would agree to battle it in court. "We're willing to take that gamble," the attorney said.
Ms. Sweeney went before township supervisors at a public meeting last Thursday to tweak the previously approved subdivision plans.
Despite the time lag, Aldi still has an agreement with the developer to open in the first of two phases of the nine-building project.
