Council approves amendment to annexation agreement for former Sears lot; paves way for C2 rezoning

The Mayor and City Council voted 5-0 on May 19 to authorize the city manager to negotiate and execute the first amendment to Annexation Agreement X-184 covering the former Sears site (now partly CarMax) and its outlot, a nearly 14-acre property in the Fields Road area.

City staff told the council the amendment reflects market realities and recent changes in the city’s zoning code (the “retool” ordinance) that had created a legal nonconformity for automotive sales uses in the MXD floating zone. Staff recommended converting the property’s expected future zoning to C2 (general commercial), vesting previously approved plans that conform to C2, and extending an annual temporary-use permit for parking on the outlot for five more years.

Planning and economic development staff said the outlot had been envisioned in earlier sketch plans for office/commercial development but that market conditions and county constraints — including a transfer station with a restrictive covenant that precludes residential on nearby parcels — make C2 more practical. Staff also told the council that CarMax had asked the city to waive the typical $2,200 rezoning fee; staff recommended the waiver because the city’s prior zoning changes had contributed to the legal nonconformity.

Council members said the amendment is largely a housekeeping and market-driven change that reduces process complexity, preserves redevelopment opportunities, and eliminates the nonconforming status of the auto sales use. Mayor and councilmembers asked that the applicant still follow site- and permitting-related requirements under the chosen zone.

The council’s approval is a policy-level step; staff indicated that a formal rezoning application under C2 would come back to the council later this summer for review. The resolution passed 5-0.