The city has ordered a local developer to stop work at the former Penn Plaza apartment site in East Liberty in an escalating battle over a proposed redevelopment that includes a Whole Foods Market.
In a letter sent Monday, city solicitor Lourdes Sanchez-Ridge accused Pennley Park South Inc. of taking actions, such as cutting trees, that are in violation of the city code and ignoring the recent decision by the planning commission rejecting the developers amended preliminary land development plan.
She demanded that Pennley Park, an affiliate of developer LG Realty Advisors, cease and desist all acts in furtherance of the PLDP.
Ms. Sanchez-Ridge also wrote that Pennley Park planned to work on a sewer line at the Penn Plaza site, which includes the city-owned Enright Park. She said neither the developer nor its attorney, Jonathan Kamin, had permission to enter the city property.
The letter is the latest salvo in the fight over the site, which is the home of the former Penn Plaza apartments, where more than 100 residents were displaced last year to make way for the redevelopment.
Last week, Pennley Park, owner of the apartment site, charged in a lawsuit that the amended proposal rejected by the planning commission in January actually had been deemed approved because the panel did not provide written notice of its decision within the appropriate time frame.
The claim drew a rebuke from Mayor Bill Peduto, who vowed to fight Pennley Parks legal tricks in court.
Mr. Kamin was just as defiant Tuesday in responding to Ms. Sanchez-Ridges letter, arguing, Theres nothing for us to cease and desist because we are in complete compliance with the law.
We have an approved [preliminary land development plan] and a deemed approval to the amendment of our PLDP and we are full speed ahead on our development, he said.
At the same time, Mr. Kamin accused the city solicitor of dealing in alternative facts in charging that Pennley Park was doing sewer work at the site. He said that was not the case. While such work needs to be done because of cracks and leaks in the existing lines, it wont happen for months, he said.
In an interview, Ms. Sanchez-Ridge countered that she simply wanted to make it clear to them the citys position. This is something prospective. We received information. I just wanted to make sure he knew the citys position on this issue.
That didnt stop Mr. Kamin from further criticizing Ms. Sanchez-Ridges admonition about the park.
I was unaware that Ms. Sanchez-Ridge has the authority to go ahead and impose a ban on peoples ability to enter the park. It sounds like shes taking a page out of Donald Trumps book, he said, referring to aggressive moves by the new president.
He added, If I really was in violation of any of the codes and this was not just a publicity stunt by the city, they would cite me in terms of the codes that I was violating.
Ms. Sanchez-Ridge said the city was looking into just that.
We will use all of our tools [to make sure] that the code is enforced, all state and local laws are enforced, including going to court, she said.
Furthermore, she rejected Mr. Kamins contention that the amended plan rejected by the commission last month had been deemed approved by the lack of timely written notice.
The planning commission denied the application. He was present when they voted and it was denied. Therefore we are disputing his fact that it is deemed accepted. It is not a matter of fact. He filed two court cases due to this dispute so he knows this fact is disputed, she said.
As for the trees, Mr. Kamin said some are being removed as part of Pennley Parks plans to demolish a second apartment building at the site. He added that those that are removed will be replaced in accordance with city law.
Ms. Sanchez-Ridge said the developer is supposed to give the city a plan for replacing the trees but hasnt done so.
The 50,000-square-foot Whole Foods grocery store, which would replace a smaller store on Centre Avenue, is part of a larger proposed redevelopment that would include 200 apartments, 12,000 square feet of office and 582 parking spaces in the first phase.
Mark Belko: mbelko@post-gazette.com or 412-263-1262.
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East Liberty developer ordered to halt work at former Penn Plaza site - Pittsburgh Post-Gazette
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