Lance Osborne said he will not be involved in development of the former Catalano's site if Highland Heights officials do not put a zoning issue on the ballot next spring.
According to Highland Heights Law Director Tim Paluf, a zoning change that would permit a GetGo gas station on the site must be on the ballot in a November general election. Osborne, who disputes that interpretation of the city charter language regarding initiative petitions, said Giant Eagle will not give him that much time in control of the property.
"We'd have to release it," said Osborne, who appeared before the city's Planning and Zoning Commission on Monday to present members with an update on his plans.
Osborne added that his attorneys are meeting with the city to work out an agreement and he still hopes he can get on the ballot in March.
"In the end, the citizens of Highland Heights will have the final say," Osborne said.
Osborne, who developed the Shoppes at Alpha Place, wants to build 25,000 square feet of retail space called the Shoppes at Brainard Crossing at the former Catalano's grocery store site at Brainard and Wilson Mills roads.
The development would also include a 5,500-square-foot GetGo convenience store with a cafe and a gas station and car wash.
Osborne collected signatures and submitted initiative petitions to city council on Aug. 2 to get the zoning issue on the ballot. Council rejected the petitions in September and Osborne returned with a written request, which, according to the city's charter, requires council to forward the petitions to the Cuyahoga County Board of Elections.