Planning commission recommends approval of McDonald’s expansion at 652 J. Clyde Morris Blvd.

The Newport News Planning Commission on April 16 recommended that the Board of Zoning Appeals approve a special exception (SE2025-0006) for a McDonald’s restaurant at 652 J. Clyde Morris Boulevard to expand a legally nonconforming drive-through by about 42 square feet.

City planner Yoko Zikor Zalcra told the commission the property is approximately 0.099 acres and has been zoned C-1 retail commercial since the citywide rezoning effective Aug. 1, 1997. Zalcra said the existing drive-through use predates the current requirement and has operated continuously since 1975, making it a legal nonconforming use. The proposed addition would increase the building footprint from about 4,269 square feet to 4,311 square feet, she said, and would not cross a zoning boundary.

"The proposed expansion of a non conforming use meets all applicable criteria stipulated in the zoning ordinance and is in harmony with the surrounding uses along this portion of J. Clyde Morris Boulevard," Zalcra said.

Nut graf: The special-exception process is required because the expansion alters a legally nonconforming use. Staff recommended approval with nine conditions, including submitting building elevations and a revised landscaping plan that meets transitional buffer and site green-area requirements. The Planning Commission voted unanimously, 9-0, to forward a recommendation of approval; the Board of Zoning Appeals will consider the matter on May 20, 2025.

In her presentation, Zalcra showed aerial maps and described surrounding uses: Eggleston Wellness Center, a vacant Rite Aid and Wendy’s to the north (C-1), Tint World and single-family homes to the east (R-4), and Deer Park Animal Hospital and a vacant office to the west (C-1). Zalcra reviewed Section 45-32046 of the zoning ordinance, which allows the board of zoning appeals to grant a special exception for enlarging a nonconforming use when the enlargement meets specific dimensional and locational criteria and does not constitute a new use.

Commissioners asked about the duration of conditional use permits and public feedback. Commission Chair Taylor and Commissioner Williams pressed staff on prior approvals: staff said a conditional use permit is valid for two years and that a previous conditional use (CU13-317), approved Sept. 24, 2013, expired without the approved construction taking place. Zalcra said staff received one public comment but that the commenter appeared to have misunderstood the application and did not follow up.

An applicant representative, Jennifer Smith, identified herself as the franchisee and said she was present to answer questions. "I'm the franchisee of the McDonald's, and I'm here to answer any questions you might have," Smith said.

Commissioner Stodgill noted the site plan on file dated from 1986 and said the applicant will need to submit an updated site plan and show the addition and circulation. Zalcra confirmed the applicant must submit updated plans and that the proposed 42-square-foot addition is in line with an existing bump-out and with the drive-through lane.

Staff recommended nine conditions of approval, including that building elevations be submitted prior to issuance of a building permit; a revised landscape plan meeting transitional buffer and site green-area requirements be submitted and approved by the director of planning prior to permit approval; all landscaping be installed and maintained; and that there be no more than one freestanding sign on the property. The staff report lists the full set of conditions.

After discussion, a motion to recommend approval was seconded and the commission approved the recommendation unanimously, 9-0. The commission's recommendation is advisory; the Board of Zoning Appeals will hold a public hearing on the request on May 20, 2025.

The commission's executive secretary also reported that the Board of Zoning Appeals on April 15 approved two other special exceptions for properties with less than 50 feet of frontage, and staff reminded commissioners of upcoming Planning Commission meetings and a work session on the comprehensive plan update following the April 16 meeting.