Durham City Council approves Highway 98 annexation for future retail development

The Durham City Council approved a controversial project Monday night, expanding the city’s footprint at its eastern end.

Council members voted 5-2 to annex 2.3 acres at 5502 Wake Forest Highway in eastern Durham County. The project was presented as a commercial opportunity for a local family that owns the property, but it drew sharp criticism from neighbors who said the area is being crushed by rapid growth without adequate infrastructure.

The split vote came after over an hour of discussion, during which a handful of residents spoke against the annexation and rezoning.

Mayor Leo Williams and council members Javiera Caballero, Chelsea Cook, Matt Kopac and Carl Rist supported the project, while council members Nate Baker and Shanetta Burris opposed it.

The ‘hard corner’

The project was brought by Morning Star Law Group for owners Leslie and Pat Brouillard. Along with the annexation, the council voted 6-1 to rezone the land at N.C. 98 (Wake Forest Highway) and Kemp Road from “rural residential” to “commercial general.” Baker cast the lone no vote.

Nil Ghosh, the Brouillards’ attorney, said the project will bring services to a key intersection that has seen a lot of residential development.

“There is no current plan for the site, no end user, no prospective tenant,” he said. “However, we’re hoping someday that it will provide some retail.”

The Brouillads have owned the property for 25 years and see the rezoning as part of their “retirement and estate planning,” Ghosh said.

“Retail follows rooftops,” he said, adding that the small site will likely house a “small one-off operation” to serve the growing amount of residential development already approved in the area.

‘Where is the much needed infrastructure?’

Opponents were not swayed. They argued that the two-lane highway corridor continues to pose a threat to drivers and residents.

“I feel that there’s already too much traffic on Highway 98,” said resident Vicki King. “This would probably slow down that flow even more.”

Pamela Andrews, the president of Preserve Rural Durham, said the property is at a busy intersection where several wrecks have already happened. The area has had no new fire or emergency services station in years.

“We continually bring up the dangers of Highway 98 along with the increased traffic volume due to the 68 new developments approved or pending,” Andrews said. “Over 22,000 dwellings have been approved in southeast Durham, over 50,000 additional people will live in southeast Durham. Where is the much- needed infrastructure?”

The split vote

Cook asked city staff to explain why the Durham Planning Commission had previously found the request “inconsistent” with future zoning.

Planning Director Sarah Young told Cook that when the new Unified Development Ordinance was drafted to match the new zoning map, it was a “straight translation” that didn’t take into account case-by-case issues.

“As council makes decisions on cases, we continue to update what the map is to reflect what y’all’s will is through your approvals,” Young said. “If the council were to approve something, the new zoning map would be reconciled to match that.”

The Planning Commission makes recommendations to the City Council on development proposals. Last January it recommended by a 5-3 vote that the council approve the project.

Commissioner Malcolm Gregory said the project could bring some “notable commercial space” to the growing corridor, while Commissioner Zuri Williams said it was “premature” to rezone a property with no guidance on what will be built.

In the end, Ghosh committed to several safety and usage changes to get the approval:

• The site cannot be used for nightclubs, payday lenders or car washes
• The developer agreed to a 10-foot multi-use path and a raised crosswalk that maintains the same elevation for pedestrians crossing the entrance to the property
• Access to the property from N.C. 98 will be limited to “right-in, right-out” only

“Commercial use at the hard corner of (N.C.) 98 and Kemp Road simply makes a lot of sense,” Ghosh said. “There’s really not a whole lot more to it.”

This story was originally published January 6, 2026 at 12:45 PM.

Kristen Johnson

The News & Observer

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Kristen Johnson is a local government reporter covering Durham for The News & Observer. She previously covered Cary and western Wake County. Prior to coming home to the Triangle, she reported for The Fayetteville Observer and spent time covering politics and culture in Washington, D.C. She is an alumna of UNC at Charlotte and American University.