If developer Lance Osborne wants to go ahead with plans for the proposed Shoppes at Brainard Crossings development, he'll have to wait until the November 2012 election for a zoning change.
Highland Heights Law Director Tim Paluf told City Council at Tuesday's meeting that he researched the matter and determined that the zoning change sought to permit a GetGo gas station at the site must be on the ballot in a general election rather than a primary or special election.
"If you have an initiative petition it must be on the ballot at the next general election," Paluf said. "If you have 20 percent or more (of registered voters) it can go on at any time."
Paluf also said that Osborne, who met the minimum 10 percent of voters to submit the petitions, cannot add to the petitions already circulated to reach the 20 percent mark.
"He'd have to start from scratch," Paluf said.
At an Economic Development Committee meeting last week, Osborne presented drawings of storefronts in the 25,000-square-foot retail space planned behind the GetGo convenience store and gas station at Brainard and Wilson Mills roads.
Osborne told committee members that Giant Eagle owns the property and a delay until next fall could pose a problem.
"It would jeopardize this part of the project," he said, referring to the additional retail space that would be created by using part of the building remaining from the former Catalano's grocery.