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Durham council approves annexation, rezoning for 5502 Wake Forest Highway
Summary
The City Council approved annexation and rezoning for a 2.33-acre parcel at 5502 Wake Forest Highway to Commercial General with a textual development plan after a public hearing. The council also adopted a required consistency statement; votes on associated motions were 5–2 and 6–1 on separate items.
Durham City Council voted Jan. 5 to annex a 2.33-acre parcel at 5502 Wake Forest Highway and authorize a utility extension agreement and initial zoning map change to Commercial General with a textual development plan.
Aaron Cain of the Planning & Development Department summarized staff findings and said the proposed CGD zoning was generally consistent with the place-type map. Attorney Neil Ghosh, representing the owners (Les Brouillard and spouse), said the small corner site is appropriate for limited commercial services and noted that planning commission recommended approval by a 5–3 vote.
During public comment, area residents raised concerns about increased traffic at the Highway 98–Kemp Road intersection, the need for a fire/EMS station, stormwater runoff and protection of nearby wetlands. Pamela Andrews and Donna Stanback, among others, urged more specific commitments on access, erosion control and buffers.
Ghosh told the council the proposal is not a blank check: the textual development plan eliminates uses such as nightclubs, payday lenders, electronic gaming operations, firing ranges and car washes and limits site access to a right-in/right-out on Highway 98 with full access on Kemp Road. He said the plan also commits to a 10-foot shared-use path along 98 and Kemp Road and to maintain elevation at entrances per the Bicycle and Pedestrian Advisory Committee request.
Council adopted the annexation ordinance and authorized a utility extension agreement (motion passed 5–2; councilmembers Baker and Burris voted no). The council then approved the UDO amendment to change county jurisdictional designations to city jurisdiction (motion passed 6–1, Baker opposed) and adopted the statutory consistency statement required by North Carolina General Statute section 160D-605 (unanimous).
The approvals allow the applicant to proceed with the development plan process and site design; several residents asked the council to ensure erosion-control measures and access are enforced during site-plan review.
