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Huntersville board approves general rezoning for two downtown parcels after heated public debate

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Summary

The Huntersville Town Board voted 4-3 to rezone two Gilead Road parcels from Neighborhood Residential to Town Center, approving applications by two prospective small businesses despite residents’ objections about process and neighborhood impacts.

The Huntersville Town Board voted to approve petition R24-09, a general rezoning request that changes two parcels at 115 and 117 Gilead Road from Neighborhood Residential to Town Center, following public comment that ranged from strong opposition to support for the two businesses named in the application.

The 4-3 vote came after more than an hour of public comment and board discussion. The rezoning will permit a broader range of uses on the two properties and was described by staff as consistent with the town’s long-range plans.

Residents who spoke during public comment urged denial, arguing general rezoning removes local controls. Frank Gammon, a Huntersville resident, told the board, “I urge you to deny R24-09 Town Center general rezoning because it is not in the interest of the people of Huntersville,” and warned the change would “establish a slippery precedent.” Lee Hallman, another resident, criticized the lack of project details: “It needs to have merit, and we can’t tell if it does or not without seeing it,” and said general rezoning circumvents the incremental, conditional review the town’s 2040 Community Plan envisions.

Supporters and the applicants said the rezoning would help local entrepreneurs. In public comment, Jay Foley expressed enthusiasm for the proposed businesses and urged the board to “move forward with this request in a way that is supportive of these innovative and small businesses.” During the hearing, one applicant described plans for a bookstore with a café and another described plans to convert a successful food truck into a brick-and-mortar restaurant. The bookstore applicant said, “I just wanna open a bookstore with a cafe,” while the food-truck owner said her business would likely close by 9 p.m. on most nights.

Brian Richards, speaking for town planning staff, said the rezoning request is consistent with portions of the 2040 Community Plan and the 2022 Downtown Master Plan and submitted the staff report into the record. Richards also noted the parcels are in a watershed-protected area that limits impervious surface to 70 percent and explained the practical differences between conditional rezoning (which requires detailed engineering, surveys and plans) and a general rezoning (which requires only an application and fee).

Board deliberations split along concerns about process and downtown character versus economic opportunity. Commissioner Forreals said downtown is the town’s “living room” and favored conditions to protect it, while Commissioner Walsh and others argued denying the rezoning risked preventing small businesses from establishing downtown. After a 3-3 tie among seated commissioners, the tie was broken by the presiding official, resulting in approval.

Votes at a glance: Petition R24-09 Town Center General Rezoning — Motion to approve the rezoning request for approximately 1.089 acres at 115 and 117 Gilead Road from Neighborhood Residential to Town Center; outcome: approved; tally: Yes 4, No 3; legal threshold: legislative decision (no supermajority required); notes: motion carried after tie broken by the presiding official.

What the approval means: The parcels will be subject to the uses allowed in the Town Center district. Staff told the board that some uses that historically existed in downtown (for example, automobile sales and gas stations) are the subject of a separate staff-initiated text amendment to remove legacy uses; that amendment is not part of this vote. Board members and staff repeatedly noted that future changes to the zoning ordinance or text amendments could alter what uses are permitted on these parcels.

Next steps: The approval finalizes the rezoning for these two parcels. If the property owners pursue redevelopment, they must meet town ordinances (noise, nuisance, watershed limits and building codes) and any state permits required for specific uses. Several board members and residents urged the applicants to pursue site design that addresses buffering, parking and hours of operation; applicants said they plan to proceed with architectural and site design work if the rezoning stands.

The board’s action marks a contested shift in downtown policy: proponents said it will help entrepreneurial businesses secure permanent downtown locations; opponents said the general rezoning route removes public-review levers that conditional rezoning provides.