While one battle continues in the courtroom, a new front has opened up in the McLean area’s protracted war against Newport Academy, a for-profit rehabilitation program for teenagers and their families.

Newport Academy recently leased two properties on Plantation Drive in Great Falls that it plans to turn into residential facilities for teens with depression, anxiety, trauma, and other mental health issues, according to a letter from the company’s legal representatives to Fairfax County Zoning Administrator Leslie Johnson.

Sent on Oct. 8, the letter asks Fairfax County to affirm that the proposed use would constitute a group residential facility and, therefore, would be a by-right use, meaning it would not need to go through the county’s zoning approval process.

“The physical characteristics of the Property are ideal for such a group home,” the letter says, highlighting the property’s distance from adjacent sites, one of which has no residents. “The Property also boasts beautiful outdoor space, including both a covered and uncovered deck, and significant grounds.”

In the letter, McGuireWoods attorney Sean Murphy and Relman Colfax partner Michael Allen state that the property in question – a 10,390 square-foot home located at 11740 Plantation Drive – “contains ample space for parking,” including a garage and circular driveway, and “presents no problems for parking or local traffic.”

The law firm also sent a separate request for a use determination on the property at 11901 Plantation Drive, which would be used for the same purpose.

Newport Academy’s potential new neighbors disagree with its characterization of the two properties.

The residents who own the six other properties on Plantation Drive, which is just north of Route 7, wrote their own letter to Johnson on Nov. 3 asking the county’s zoning administration division to deny Newport Academy’s requests.

The residents argue that Newport Academy’s proposal would violate the Fairfax County Zoning Ordinance because its patients could count as transient occupants instead of residents, and because it would exceed the eight-person limit for group homes if the two leased properties are combined into a single facility.

The residents also say Plantation Drive is an “inappropriate” location for Newport Academy’s proposed facility, which would have adverse impacts on traffic and pedestrian safety.

“The proposed use presents substantial and untenable risks of harm from significant additional traffic, including large trucks, on the single lane driveway,” the residents stated. “This driveway is used by pedestrians, including children walking to and from their bus stop. There have been numerous incidents involving vehicles on the driveway in recent years.”

Newport Academy previously attracted residents’ ire when it sought to open two rehabilitation facilities along Davidson Road and on Kurtz Road in McLean.

Johnson determined in May 2019 that, since it would consist of three adjacent properties, the proposed Davidson Road facility would constitute a congregate living facility, which is not a by-right use.

Johnson found that the Kurtz Road site, on the other hand, would qualify as a group residential facility. The county board of zoning appeals ultimately upheld her decision on Mar. 11, leading residents from the surrounding neighborhood to file a lawsuit that is still waiting to be heard in Fairfax County Circuit Court.

“Due to the ongoing legal process regarding our home on Kurtz Road, we cannot comment on the matter,” Newport Healthcare Senior Director of Communications Kristen Hayes said when asked about the lawsuit.

Newport Academy has been operating a residential treatment program for adolescent girls at 1318 Kurtz Road in McLean since Mar. 22.

Plantation Drive resident Norman Chirite believes similarities to the situation with Davidson Road suggest that he and his neighbors have sufficient grounds to oppose Newport Academy’s request.

He will present their case to the Great Falls Citizens Association during its land use and zoning committee meeting tonight (Tuesday).

“I think what they’re doing is pretty problematic,” Chirite said. “It’s like they didn’t get what they wanted in McLean so they just moved down the road, and you know, we’re going to fight back a little bit.”

Unlike the Davidson Road properties, though, the houses on Plantation Drive have already been used as group residential facilities. They previously belonged to Sagebrush Treatment Center, which operated treatment programs for adult men recovering from substance abuse.

Newport Academy says that its plans for the property will be less intensive than how it has been used for the past three years.

The company says that the services it plans to provide through the facilities on Plantation Drive will be “a key resource,” especially as the COVID-19 pandemic exacerbates mental health issues for many people.

“Many teens lack access to quality treatment for mental health issues like depression, anxiety, and trauma, or face long waiting lists for programs,” Hayes said. “…We look forward to expanding in this area to provide these much-needed mental health treatment services for teens.”

Photo via Google Maps

Fairfax County’s Board of Zoning Appeals has delayed making a decision on appeals of a zoning determination for a controversial teen rehab facility proposed in McLean.

Newport Academy, a therapy program for teens with mental health issues, wanted to open two treatment facilities — one along Davidson Road and another at 1318 Kurtz Road.

Newport Academy has hinged its claim on the two locations being by-right uses — a use that won’t require approval by the Board of Supervisors.

Fairfax County Zoning Administrator Leslie Johnson issued a letter in May saying that Newport Academy’s three adjacent properties at 1620, 1622 and 1624 Davidson Road would be a congregate living facility.

Newport Academy originally tried to appeal the Davidson Road decision, but has withdrawn the appeal.

The Board of Zoning Appeals’ public hearing today (Wednesday) focused on three appeals from McLean residents regarding Johnson’s determination that the proposed Kurtz Road facility in the Salona Village neighborhood is a group residential facility — a win for Newport Academy.

The three appeals argue that the Kurtz Road facility should be designated as a congregate or medical use facility.

At the start of the public hearing today, county staff gave an overview of the appeals saying that the appellants have concerns about noise, falling property values, safety risks and increased traffic.

“Trying to skirt the zoning laws”

Roughly 50 people attended the public hearing today.

Attendees who testified in support of the appeal — against Newport Academy’s Kurtz Road facility — mentioned safety risks, traffic concerns on the narrow Kurtz Road,

Some of the Salona Village residents took issue with how close the facility would be to Franklin Sherman Elementary School (6633 Brawner Street).

Opponents to Newport Academy also voiced concerns about crime possibly increasing from the patients leaving the facility without permission and also how the facility would affect the local community.

One local said he and other neighbors met with the Carlyle Group, the investors behind Newport Academy, and suggested that Newport Academy use a house with more acreage and in an area with fewer traffic issues.

“Kurtz Road is full of walkers and bicyclists and people pushing strollers,” one female resident said. “I think the traffic from Newport would create a very dangerous situation.” Emergency vehicles, visitors, doctors and employees would add more vehicles to the road throughout the day, the woman said.

“Newport Academy is trying to skirt the zoning laws,” one Salon Village resident said — echoing a sentiment shared by several attendees.

“A Safe Haven”

Michael Allen, the lawyer representing Newport Academy, said that the girls, ages 12-17, at the facility would be “highly supervised.”

Allen told the board that Newport Academy screens its applicants, who mostly have anxiety, depression and eating disorders.

“Newport takes the appropriate safeguards at admission,” Allen said. Once admitted, Newport Academy does random room searches, random drug and alcohol tests and has tutoring and counseling, Allen said.

Board Member V. Max Beard asked why Newport Academy chose the McLean location and “Why create this kind of turmoil for yourself?” Allen responded that Fairfax County is a “county of opportunity” and a closer option for families in the Mid-Atlantic area.

Ultimately, Allen said that people who have disabilities and mental health should live alongside everyone else. “I suspect the neighbors testifying today will watch Newport like a hawk,” he said.

People who spoke in support of Newport Academy — including several licenses counselors — called the proposed facility a “safe haven” and “surrogate village.” Supports said that patients will be monitored 24/7 and supervised within the fenced in property.

Some parents praised Newport Academy for helping their kids. “We want them to be our neighbors,” one person said.

Newport Academy’s Plans for Kurtz Road 

After facing a backlash from neighbors and local officials, Newport Academy’s intentions for the McLean properties have been unclear.

Dranesville District Supervisor John Foust previously told Tysons Reporter in the fall that Newport Academy plans to sell the properties and wanted the determination reversed for the Davidson Road properties so that the zoning determination wouldn’t negatively impact future plans.

One of the three Davidson Road properties is currently for sale.

Allen told Tysons Reporter that Newport Academy is not pursuing the Davidson Road properties anymore, but does intend to open at Kurtz Road if the Board of Zoning Appeals upholds Johnson’s determination.

Staff said today that Newport Academy has received a mental health treatment license from the Virginia Department of Behavioral Health.

Allen added that Newport Academy officials are feeling confident about their case.

Next Steps

Zoning staff recommended that the board uphold Johnson’s determination.

After more than four hours of discussion of testimonies, the board decided it would be best to defer the decision to a later date.

The appellants requested that the board delay its consideration by a few weeks to respond to arguments and material received “last minute” from Newport Academy. Allen, representing Newport Academy, also requested time to submit a post-hearing brief.

Board Member James Hart said he’s concerned about paperwork piling up, leading to further delays to give the board time to consider the arguments, which could then lead to more paperwork.

The board will consider the appeals again on March 11.

Appeals of a zoning determination for a controversial therapy facility proposed in McLean will head to Fairfax County’s Board of Zoning Appeals next week.

Newport Academy, a therapy program for teens with mental health or addiction problems, wanted to open two treatment facilities — one along Davidson Road and another at 1318 Kurtz Road — but faced a backlash from neighbors and local officials.

Fairfax County Zoning Administrator Leslie Johnson issued a letter in May saying that Newport Academy’s three adjacent properties at 1620, 1622 and 1624 Davidson Road would be a congregate living facility.

Newport Academy, which has hinged its claim on the two locations being by-right uses — a use that won’t require approval by the Board of Supervisors — originally appealed the Davidson Road decision.

Dranesville District Supervisor John Foust previously told Tysons Reporter in the fall that Newport Academy plans to sell the properties and wants the determination reversed so that the zoning determination won’t negatively impact future plans.

Newport Academy, though, has withdrawn its appeal regarding the Davidson Road facility.

The Board of Zoning Appeals will just hear the three cases regarding the Kurtz Road facility in the Salona Village neighborhood.

In August, Johnson issued a letter saying that the Kurtz Road facility is a group residential facility — a win for Newport Academy that McLean residents are trying to appeal.

The Board of Zoning Appeals will consider the three appeals at 9 a.m. on Wednesday, Jan 22.

A Facebook group of local residents that has been fighting Newport Academy’s attempt to open the facilities is urging people to come to the appeal hearing.

Image via Google Maps

Appeals of zoning determinations for controversial proposed therapy facilities in McLean will head to Fairfax County’s Board of Zoning Appeals in January.

Newport Academy, a therapy program for teens with mental health or addiction problems, wanted to open two treatment facilities — one along Davidson Road and another at 1318 Kurtz Road in the Salona Village neighborhood.

While the planned treatment facilities have received widespread community backlash, Newport Academy has hinged its claim on the two locations being by-right uses — a use that won’t require approval by the Board of Supervisors.

Fairfax County Zoning Administrator Leslie Johnson issued a letter in May saying that Newport Academy’s three adjacent properties at 1620, 1622 and 1624 Davidson Road would be a congregate living facility.

Newport Academy is trying to appeal the Davidson Road decision, saying that county staff overreached in its determination.

While Johnson later noted that Newport Academy is no longer planning to open a facility at the Davidson Road properties, Dranesville District Supervisor John Foust told Tysons Reporter that the appeals process will continue for Davidson Road.

Foust said that Newport Academy plans to sell the properties, but doesn’t want the zoning determination to negatively impact future plans elsewhere.

In August, Johnson issued a letter saying that the Kurtz Road facility is a group residential facility — a win for Newport Academy.

Three appeals from McLean residents want the decision about 1318 Kurtz Road overturned.

The Board of Zoning Appeals will consider the four appeals at 9 a.m. on Jan 22.

First image via Google Maps

A controversial for-profit therapy program got a win in a Fairfax County zoning official’s letter.

Newport Academy, a therapy program for teens with mental health or addiction problems, wanted to open two treatment facilities — one along Davidson Road and another at 1318 Kurtz Road in the Salona Village neighborhood.

While the planned treatment facilities have received widespread community backlash, Newport Academy has hinged its claim on the two locations being by-right uses — a use that won’t require approval by the Board of Supervisors.

Fairfax County Zoning Administrator Leslie Johnson issued a letter yesterday (Wednesday), saying that the Kurtz Road facility is a group residential facility based on her review of Newport Academy’s revised license application.

Johnson’s letter notes that Newport Academy is no longer planning to open a facility at the Davidson Road properties.

“Newport Academy has instead filed a revised license application with the Virginia Department of Behavioral Health and Developmental Services to operate a single Mental Health Children’s Residential Service for up to 8 female residents ages 12-17 to be located at 1318 Kurtz Road,” the letter said.

More from Johnson’s letter to the legal counsel for Newport Academy:

Your August 5 letter did not fully respond to my questions, but you did indicate that at the time of admission a resident is expected to stay between 45 and 90 days, with the average stay between 45 and 60 days. You note that Newport Academy is not a drug rehabilitation facility and does not provide detoxification services; no individual who enters treatment with Newport Academy is currently using illicit substances.

Further, you state that no staff will live at the Kurtz Property, but you did not indicate how many non-resident staff will be on site at any one time. You stated that my request for such information is solely within the purview of VDBHDS. (We have requested and received this type of information from other providers of residential mental health and disability services as part of similar use determination requests.) Based on a review of the license application for the Kurtz Road property, it appears that at least 8 staff members will be on site from 8:00 am to 7:00 pm. You indicate that mornings will typically be set aside for academics and individual therapy, afternoons for group therapy (including music therapy, life skills counseling, yoga, meditation and other fitness activities) and evenings reserved for additional study and therapy as needed. Meals will be eaten in a family-style setting, and residents are engaged in programming and under staff supervision from the time they wake up until they go to sleep, with “awake” supervising staff on site 24 hours per day.

With regard to parking, you note that the Zoning Ordinance does not limit the amount of parking on a residential lot, but that the driveway can accommodate up to 8 vehicles, not including the 3-car garage… It appears that the property currently complies with these provisions. However, any future paving or expansion of the driveway within the front yard could conflict with this provision. Finally, you indicate that Newport Academy will take appropriate actions–through the use of a shuttle, off-site parking, and other means as necessary–to minimize the number of vehicles (whether staff or visitors) parked at the property at any given time.

The facility will need to be licensed by the Virginia Department of Behavioral Health and Developmental Services.

Johnson noted that the determination is not a written order or notice of a zoning violation and that it can be appealed to the county’s Board of Zoning Appeals.

Image via Google Maps

The Fairfax County Board of Zoning Appeals is set to determine this fall whether or not a contentious for-profit therapy program for teens can open in McLean.

Newport Academy’s plans to turn its three purchased homes (1620, 1622, and 1624 Davidson Road) into a treatment facility got derailed after the county’s zoning administrator said the facility is not a by-right use.

While the zoning administrator added that the facility would require approval from the Board of Supervisors, Dranesville District Supervisor John Foust has previously said that he would oppose the facility if it was brought to the county board for a vote.

Newport Academy is looking to appeal the ruling, and now the zoning issue is set to go before the Board of Zoning Appeals on Oct. 30, BZA staff told Tysons Reporter, adding that people interested in the case should check a week or two before that date to confirm it will still take place.

“These dates do sometimes change, although I do not believe that will be the case for this hearing,” staff wrote.

It is unclear what will happen to Newport Academy’s proposed group home at 1318 Kurtz Road, which was not addressed in the zoning administrator’s ruling.

Around half the attendees at last night’s McLean Citizens Association’s Planning and Zoning Committee meeting left abruptly after discovering that the contentious Newport Academy wouldn’t be discussed at the meeting.

Kim Tomsen, a McLean community resident since 1975, spoke up early in the meeting and began asking the committee about the future of Newport Academy, which would bring a for-profit mental health care facility into a McLean neighborhood.

Her concerns were quickly shut down by Rob Jackson, the committee’s chair, who said that Newport Facility was not up for discussion or on the agenda, since there was nothing “pending” on the matter.

In May, the zoning administrator determined that the facility is a congregate living facility, which is not permitted as a by-right use at the location. Newport Academy wants to appeal the decision.

Now, the fate of the Newport Academy is in the hands of the Fairfax County Board of Zoning Appeals, which are not likely to make a decision until September when the board is back in session.

The committee proceeded to discuss various items on their agenda including home businesses and modernization of zoning ordinances before community members decided to voice their concerns. Tomsen was among the first of more than a dozen people to leave the room after realizing that none of her concerns would be addressed.

Tomsen and a handful of people that Tysons Reporter spoke to said they saw online that the committee would discuss Newport Academy.

The brief committee agenda posted online before the event outlined three topics for discussion that evening — none of them relating to the controversial Newport Academy or commercial housing in residential areas.

“Then it’s a waste of our time to attend,” Tomsen said to the committee members and attendees.

“If someone put that online, they misled you,” Jackson replied back to her.

A Facebook user named Tom Shen, the founding member of the “Fairfax County Rehab Facility Discussion” group, posted an update in the group Monday (July 290 evening asking members to “help protest against commercial housing in residence zones” by showing up to the Tuesday, July 30, meeting.

It is unclear if this was the only message online requesting the presence of people opposed to commercial housing in residential areas. Tysons Reporter reached out to Shen to ask about the post, but has not heard back.

In its appeal to the Board of Zoning Appeals (BZA), group home operator Newport Academy said county staff overreached in its determination against a planned facility in McLean.

There have been more than a few stories recently on the Newport Academy’s planned opening of a for-profit therapy program in a McLean neighborhood, but as Fairfax County Board Chairman Sharon Bulova pointed out, it’s an issue that could set precedent in Fairfax.

In May, Fairfax County Zoning Administrator Leslie Johnson issued a letter saying that because the Newport Academy’s three adjacent properties at  1620, 1622 and 1624 Davidson Road shared staff and resources, they were not individual properties eligible for by-right development but as a congregate living facility.

But in the appeal filed to the Board of Zoning Appeals, the Newport Academy laid out its argument that it had been the unfair victim of public backlash and a selective zoning ruling.

“The Newport Academy has been deprived of the right to operate each of the Davidson Properties… as a residential facility for up to eight individuals with mental illnesses as permitted and consistent with [Virginia code],” the company said in the appeal.

The appeal also lays out a timeline of events starting with Newport Academy purchasing one property at 1624 Davidson Road and another at 1318 Kurtz Road. In August, the company sent a series of questions to the Zoning Administrator regarding the prospect of opening multiple homes at Davidson Road, to which zoning answered that the group residential facility may occupy a dwelling unit without any proffered or development conditions and that there was no limitation on the number of group residential facilities.

After this, the appeal says Newport Academy invested millions of dollars on the purchases and renovations for the other properties. Now, the Newport Academy is saying Johnson’s ruling is inconsistent with Virginia law and other codes.

The appeal also alleges that the Newport Academy was the victim of a “sophisticated campaign to turn elected and appointed public officials against Newport Academy’s efforts to provide appropriate mental health services to adolescents in McLean” that included dozens of letters, emails and phone calls from local residents.

The Newport Academy reiterated that it is a group residential facility, defined in zoning ordinance as “a group home or other residential facility with one or more resident or nonresident staff persons, in which no more than eight mentally ill, intellectually disabled or developmentally disabled persons reside… or eight handicapped persons reside.”

Newport Academy alleges in the appeal that Johnson employed external factors without a statutory basis.

“The Zoning Administrator considered factors including common ownership, physical proximity, and programmatic elements of the proposed use at the Davidson Properties, factors not found in either the Virginia statue or the Zoning Ordinance,” the appeal said. “This ‘single facility’ analysis is foreclosed under [Virginia code], which unambiguously invests [the Virginia Department of Behavioral Health and Developmental Services] (VDBHDS) as the sole authority to determine whether a home meets the requirements of being considered a ‘residential facility.'”

The Newport Academy argues repeatedly throughout the appeal that Johnson stepped on the VDBHDS’ role as the licensing agency.

The appeal also points to other group residential facilities in Fairfax, like the properties at 8333, 8337, and 8341 Lewinsville Road, which share a driveway and programming across the three facilities.

When, or if, the appeal will be heard by the BZA is still to be determined. The appeal was received on Friday, June 14, and must be scheduled within 90 days if accepted unless other arrangements are agreed to. Brian Worthy, a Fairfax County spokesman, said that county staff are currently going through the application before the county officially accepts it — a standard procedure for every application.

Updated 2:45 p.m. — Bulova’s Office noted that the interview does not represent an endorsement of the Kurtz Road property and that an official letter from the Zoning Administrator is still pending.

What started as residents upset over a series of group homes slated to move into a residential cul-de-sac has ballooned into a contentious issue that could set precedent in Fairfax County.

The Newport Academy, a for-profit therapy program for teens with mental health or addiction problems, wanted to turn its three purchased homes (1620, 1622, and 1624 Davidson Road) into a treatment facility. The plan hinged on the buildings being a by-right use, meaning no zoning approvals would be required, but a letter from Fairfax County Zoning Administrator Leslie Johnson said this wasn’t the case.

The issue seemed settled. The Facebook group that had been the bastion of local resistance disbanded. But yesterday, Fairfax County staff confirmed that Newport Academy had filed an appeal to the Board of Zoning Appeals (BZA).

Outgoing Fairfax County Board Chairman Sharon Bulova weighed into the discussion to lay out next steps and take a stance on the issue.

TR: We received confirmation that Johnson’s decision is being appealed to the BZA – does it end there or could it move up to the Planning Commission or Board of Supervisors?

Bulova: If they deny it — if the BZA says “no, county staff is correct” — then they could file a special exception, which is what she said they needed to do. I’m assuming BZA will agree with county staff, but that doesn’t mean it’s over for them because they could file a special exception. Then it would go to the Planning Commission and Board of Supervisors.

They’re appealing this decision probably because they don’t want to move forward with a special exception faced with the kind of opposition they’re getting from the community.

TR: I saw in your letter to the residents that you have concerns about the facility. I was wondering if you could lay out what parts of this facility are concerning to you?

Bulova: I have been very supportive of group homes. I think they’re important, they provide an important service in our community, where people get the kind of support and help that they need, whatever the disability or need.

My concern about the Newport Academy is that this isn’t just a group home, this appears to be a little campus being developed out of a single family neighborhood. This is not a group home, but a [cluster] of individual homes being turned into a complex. That, to me, is a different situation than an individual group home where someone is able to live in a community and get the kind of supportive help they need.

The Kurtz Road [location] may be fine, but the Davidson ones are encircled and fenced in together. That’s something different

TR: In your experience as Chair, have there been other instances of projects or controversies like this?

Bulova: Group homes come up all the time, and back in the olden times group homes used to cause some concerns within a community. I remember back in the olden days, there were community days about the group home. Federal law stepped in and said “you can’t do that, group homes have to be treated like a family moving in.”

Generally, they are welcomed into the community. We’ve never dealt with something in my experience where someone seemed to have consolidated the properties and is trying to create a complex or campus of buildings. I’ve never seen this before. I see this not as being about a group home, but about something very different that changes, I think, the nature of the residential community.

After a seeming defeat, Newport Academy is fighting back against a zoning ruling that would keep it out of a McLean neighborhood.

Newport Academy, a for-profit therapy program for teens with mental health or addiction problems, wanted to turn its three purchased homes (1620, 1622, and 1624 Davidson Road) into a treatment facility.

Newport Academy’s plans to open the McLean facility hinged on it being a by-right use, which wouldn’t require approval by the Board of Supervisors. Dranesville District Supervisor John Foust has previously said that he would oppose the facility if it was brought to the county board for a vote.

In May, Fairfax County Zoning Administrator Leslie Johnson determined that the facility at Davidson Road would not be permitted as a by-right use and would require approval from the Board of Supervisors.

On Friday (June 14), Newport Academy filed an appeal to that ruling, staff at the Board of Zoning Appeals told Tysons Reporter. Zoning policy stipulates that the case will be scheduled within 90 days of the appeal being accepted unless staff and the appellant agree to something outside of that timeframe.

Brian Worthy, a Fairfax County spokesman, said that county staff are currently going through the application before the county officially accepts it — a standard procedure for every application.

While the zoning official’s ruling seemed to be a win for neighbors opposing the controversial treatment facility, Newport Academy’s push to appeal the zoning determination signals a possibly longer fight ahead for both sides.

Currently, Newport Academy has three jobs listed for McLean: a part-time fully licensed adolescent therapist, an LPN licensed practical nurse and a housekeeper.

Newport Academy also has plans for another project at 1318 Kurtz Road — a standalone property that was not considered in Johnson’s review. What will happen to the Kurtz property remains unclear.