Planning commission backs McDonald’s request to expand nonconforming drive‑through at 652 J. Clyde Morris Blvd.

The Newport News Planning Commission on April 16 voted unanimously to recommend that the Board of Zoning Appeals approve SE-2025-0006, an application by McDonald’s Corporation to expand a legally nonconforming drive‑through restaurant at 652 J. Clyde Morris Boulevard.

The expansion is limited to a 42‑square‑foot bump‑out that would increase the building footprint from about 4,269 square feet to a maximum of about 4,311 square feet. Staff told the commission the addition does not create a new use and is within the limits for enlarging a nonconforming use under the city’s zoning ordinance, and recommended approval with nine conditions, including submission of building elevations and a revised landscape plan prior to issuance of a building permit.

The special‑exception review centered on whether the enlargement meets the criteria in the zoning ordinance for expanding a nonconforming use adjacent to single‑family homes. Staff reported the site has been zoned C‑1 Retail Commercial since the citywide rezoning that took effect Aug. 1, 1997, and that a prior conditional use permit (CU13‑317) approved Sept. 24, 2013, had expired because construction authorized by that permit never occurred. Staff also said the restaurant has operated continuously since 1975 and therefore qualifies as a legal nonconforming use.

Commissioners asked staff and the applicant about public outreach, the age of the site plan on file, and how the addition relates to the existing drive‑through lane. Staff said it received one public comment, which appeared to reflect a misunderstanding of the application, and that the site plan on file dated from 1986 would have to be updated when the applicant applies for permits. The commission examined plan pages and elevations showing the small bump‑out in line with an existing projection and confirmed the change is intended to serve as a pickup window in line with the drive‑through configuration.

Jennifer Smith, identified in the hearing as the franchisee and applicant, attended and answered commissioners’ questions. After the public hearing was closed, a commissioner moved to accept the planning department’s recommendation; the motion was seconded and carried on a roll call vote of 9‑0.

Votes at roll call were recorded as follows: Commissioner Bowdidge — yes; Commissioner Woodard — yes; Commissioner Michelle — yes; Commissioner Williams — yes; Commissioner Shook — yes; Commissioner Stodgill — yes; Commissioner Dias — yes; Commissioner Black — yes; Commissioner Taylor — yes. The commission’s recommendation means the Board of Zoning Appeals will consider the special exception at its May 20, 2025 hearing.

Staff listed the nine recommended conditions in the staff report. Among those: building elevations must be submitted to the Department of Planning prior to building permit issuance; a revised landscape plan meeting transitional buffer and site green‑area requirements must be approved by the director of planning prior to building permit approval; all landscaping must be installed and maintained in healthy condition; and there shall be no more than one freestanding sign on the property. The staff report stated the expansion is in harmony with surrounding uses along this portion of J. Clyde Morris Boulevard.

The commission’s action was procedural: it recommended BZA approval. The transcript and staff presentation do not record any permit issuance, building permit approval, or operational changes beyond the application for the special exception and the conditions the BZA would impose if it follows staff’s recommendation.

The Board of Zoning Appeals hearing on SE‑2025‑0006 is scheduled for May 20, 2025.