Crescendo Studios now has plans to expand after opening a few months ago in Merrifield.

The education-oriented music studio is looking to use a currently empty space adjacent to the studio’s existing location (8101 Lee Hwy), according to Fairfax County documents.

With the extra square footage, Crescendo would offer both an expanded music education center with group and private lessons and on-site recording studios, according to the application.

The studio’s application in June to the county noted that they would be able to increase their clientele and take on around 90 students.

“The majority of the students are expected to be between the age of 7 and 17, though some adults may also enroll,” according to the application.

The music school’s proposed hours of operation would be noon- 9 p.m. Monday-Friday and 10 a.m.-5 p.m. on Saturday. The recording studio would be available 9 a.m.-9 p.m. on weekdays and 10 a.m.-8 p.m. on the weekend.

Crescendo told the county that the expansion would not affect parking in the area.

The Fairfax County Planning Commission is slated to hold a public hearing on the proposal in November.

Photo via Facebook and image 2 via Fairfax County 

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After a slew of noise violations, Bey Lounge agreed with the Town of Vienna to no longer offer live music.

Rami El-Hasrouni, one of the co-owners of Bey Lounge, told the town’s Board of Zoning Appeals last night (Wednesday) that the lounge (303 Mill Street) would no longer need its live entertainment permit, which the board was considering revoking.

“We’re going to be a straight restaurant from now on,” El-Hasrouni told the board.

The issues for the lounge started several months ago when it received a number of noise complaints and then was found guilty of three noise violation cases in a General District Court.

El-Hasrouni told Tysons Reporter that the cost of paying for lawyers and the permit renewal “were way too much” for the lounge, which is known for its Lebanese cuisine and live music.

“Right now, we are in the process of changing the lounge in general just because once we don’t have live entertainment we are going to lose all our customers, so we are very in risk of losing our business right now,” he said.

The “new concept” under consideration could possibly add more seating and “putting more grocery inside the lounge,” he said, adding that a timeframe hasn’t been set yet.

“Hopefully, it works,” he said.

Photo via Google Maps

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A public hearing tonight (Monday) will determine the fate of a contentious, mixed-use development previously approved by the Vienna Town Council.

The proposed redevelopment would add a mixed-use, four-floor building with ground-floor retail and more than three dozen multi-family residential condominium units to 380 Maple Avenue.

After a long series of delays, the Town Council approved the development in June. A few weeks later, the new Town Council decided to hold a public hearing on possibly rescinding the project’s rezoning application, pointing to the town’s failure to notify the county about the project, along with other issues.

Now, the project faces a joint public hearing by the Town Council and the town’s Planning Commission tonight that will allow community members to give their opinions on possibly adjusting or rescinding the proposal. The event starts at 8 p.m. in the Vienna Town Hall (127 S. Center Street).

The Vienna Business Association will speak out at the meeting against the proposition to revoke the license.

According to a press release from the Vienna Business Association:

The question on July 15th is not whether we support the 380 Maple Avenue development, it’s whether we want to create in our Town the climate and reputation that will ensue from a rescinding vote.

  • The rescind motion also raises many questions:
  • Can businesses and developers be assured that the town is negotiating in good faith, or will negotiations suffer from a concern of “will they rescind this too?”
  • Do businesses and commercial property owners need to take proactive steps to keep their rights from being infringed by adjacent residents?
  • What legal liability does the Town create for itself by rescinding? Is the liability limited to the developer’s costs to date, or to the loss of future potential revenue from the development?

Image via Town of Vienna

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Bey Lounge is at risk of losing its live-entertainment permit after a slew of noise complaints got the restaurant and bar in trouble with the Town of Vienna.

The town’s Board of Zoning Appeals is set to hold a public hearing next Wednesday, July 17, on potentially revoking the Bey Lounge’s live entertainment permit.

Located at 303 Mill Street, Bey Lounge offers Lebanese cuisine, hookahs and live music. Over the last several months, the lounge received a number of noise complaints.

Town Attorney Steve Briglia told the Town Council on Monday, July 1, that a General District Court had found Bey Lounge guilty of three noise violation cases, ordering the hookah bar to pay $1,500. Briglia said that the cases won’t be appealed to the Circuit Court.

Zoning Administrator Frank Simeck filed an application to revoke the hookah bar’s live entertainment permit, prompting the public hearing next week, which starts at 8 p.m.

Photo via Google Maps

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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.

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The McLean Citizens Association (MCA) unanimously voted to oppose a controversial series of group homes proposed in McLean.

The vote is the latest push in a fight led by neighbors against plans to open a series of new group homes in a residential neighborhood by McLean High School.

MCA voted last night (June 5) to oppose a special exception that would allow the Newport Academy, a for-profit therapy and rehabilitation program for teens, to open a facility at Davidson Road.

The group also voted to support Fairfax County Zoning Administrator Leslie Johnson’s determination that the facility would not be permitted as a by-right use and would require approval from the Board of Supervisors.

MCA members shared a common sentiment at last night’s meeting: this is not the last time they expect to hear about Newport Academy.

“The MCA will revisit this case if new facts become available or circumstances of the proposed use change, including but not limited to additional facts becoming available about the proposed use at Kurtz Road,” the draft resolution said.

Rob Jackson, the chair of MCA’s Planning and Zoning Committee, said that the vote on the resolution is possibly the beginning, rather than the end, of MCA’s involvement in the Newport controversy.

“We’re just taking one bite of the apple,” Jackson said. “I think we need to wait to see where the next shoe drops.”

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The McLean Citizens Association (MCA) could finally be weighing in tomorrow night regarding the group homes controversy, but the fight may already be over.

A draft resolution planned to be discussed at MCA’s Wednesday (June 5) meeting would oppose a special exception that would allow the Newport Academy, a for-profit therapy and rehabilitation program for teens, to open a facility at 1620, 1622 and 1624 Davidson Road, located in a residential neighborhood near McLean High School.

But the proposed resolution comes late in the game — local residents started protesting the issue more than two months ago.

A grassroots group opposing a rehabilitation facility recently claimed victory, although the sourcing for that win remains unclear.

An administrator on the Davidson and Kurtz Road Rehab Facility Facebook page — a nearly 500 member group that had been a discussion board for residents opposed to the development — said last Tuesday (May 28) he received the following statement from the Newport Academy:

Newport Academy is the nation’s leading provider of mental health residential and outpatient treatment for teens and young adults. As such, we have received direct requests from parents, clinicians, insurance companies and other referral sources to bring our well-recognized adolescent mental health treatment program to the Northern Virginia market. To that end, we acquired multiple properties to extend our reach more formally into the McLean community. Although these group homes are fully legal and protected under the Fair Housing Act, as well as other applicable federal, Virginia and Fairfax County laws, Newport Academy has listened to the community’s feedback and has opted to modify its expansion plans by ceasing planned openings on Davidson Road.

Our commitment to service the Northern Virginia market remains intact. We look forward to opening these much-needed services in McLean in the near future and hope to keep the lines of communication open with the community and its elected officials as we seek to contribute in a positive way towards addressing the mental health crisis in the greater DC area.

After repeated calls to the main company line and to the group’s community liaison in McLean over a week, Tysons Reporter was unable to confirm the source of the statement.

Staff at Dranesville District Supervisor John Foust’s office said they received an identical statement, but could not get confirmation from the Newport Academy that they were the source.

Two weeks ago, Fairfax County Zoning Administrator Leslie Johnson wrote in a letter that the facility would not be permitted as a by-right use and would require approval from the Board of Supervisors. Foust had previously said he would oppose the development if it was brought to the Board of Supervisors for a vote.

The Facebook group shut down one day after the statement allegedly from the Newport Academy was posted, though some members have already started another splinter group to continue discussing the facility and other community concerns.

What will happen with the other proposed group homes not addressed in Johnson’s letter — like the one at 1318 Kurtz Road — remains unclear. The MCA resolution states that the group will revisit the facts regarding the Kurtz Road property.

The MCA meeting starts at at 7 p.m. in the McLean Community Center (1234 Ingleside Avenue).

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The Fairfax County Police Department is looking to keep pace with Tysons’ rapid urbanization with completely different service from the rest of the county.

Chief Edwin Roessler Jr. talked to Tysons Reporter about the new, urban-style police station and service model he hopes to bring to Tysons in the future.

“It’s going to be different from all of the other stations,” he said. “In Fairfax right now it’s isolated. It’s got gates. It’s got cars.”

Roessler said that the station will be “very small” and that the officers will be trained for flexible policing styles that include: rail, retail, nightlife, vertical in high risers, bike and foot patrol.

“I envision it as that old school, early 1900s police station where it’s just part of the environment,” he said. “You see a small police station — it’s part of the fabric of the community.”

While the police department considered Segways for Tysons earlier this year, Roessler said that the pilot program showed they were “too clunky to work right now.”

Roessler started thinking about adding a Tysons station back in 2003 when he was a patrol major working with the county’s zoning staff on a strategic staffing plan.

He said that he helped to put together a team that traveled to Boston, Chicago, New York City and San Diego to find out how their police stations handled rapid urbanization in the 1890s-1920s. The takeaway: police departments need to plan ahead of time to make sure they have the personnel and equipment in order to avoid making quick changes to respond to a tragedy.

Working with the county’s zoning staff is a “really crucial piece” as the process for a Tysons station continues,  he said.

For the last few years, Roessler said that he’s been working with different county agencies to get a land purchase or proffer for a Tysons police station — even if it’s just two floors in a mixed-use development.

“We’ve come close several times to getting a proffer in a mixed-use facility to have that urban station, but we continue to work on finding an area that would be conducive to a police station there,” he said.

Currently, nine full-time officers are assigned to the Tysons urban community — a number Roessler said he’d like to boost in the five-year staffing plan, which would also hopefully address the police department’s understaffing issue.

Tysons, Reston and Merrifield are the urban centers where Roessler plans to switch from “this 1940s-style of one person per patrol car” to a range of policing styles.

“We have to patrol like in Tysons, Reston in pairs because we have to go up 30 plus floors and it’s not fair for the community for one patrol officer ti come and wait for the other one,” he said. “It expands the response time.”

A new Lorton station within the next two years is part of larger redistricting effort that will shrink police district stations’ response areas countywide.

With tighter boundaries and the same amount of personnel, Roessler said that policing will become more efficient and engage in the community within smaller geographic areas, which will lead to detecting more crime. The police department will then need more support personnel for more cases, he said.

After the Lorton facility opens, Fairfax County Police Department will hold community meetings across the county about redistricting each district station to ensure a continuity of service, he said.

“I hope within five years we’re going to have a date inked in where we can have another station,” he said.

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Neighbors opposed to a controversial for-profit therapy program got a win from a Fairfax County zoning official’s letter.

A piece of the Newport Academy’s plans to open a facility treating teenagers with mental health or addiction problems in a McLean neighborhood hinged on that facility being a by-right use — a use that won’t require approval by the Board of Supervisors. But local officials are now saying that isn’t the case.

Fairfax County Zoning Administrator Leslie Johnson said in a letter to local residents that the facility is a congregate living facility, which is not permitted as a by-right use at the location.

According to Johnson’s letter, in August 2018 the Newport Academy sent a letter to the Department of Planning and Zoning stating its intent to open two homes — one at 1624 Davidson Road and one at 1318 Kurtz Road — and asked if it could purchase a neighboring house and operate it as a licensed home.

In response, the zoning staff agreed that the buildings would be considered group residential facilities, which are limited to eight residents. The response did not directly answer whether a neighboring home could be used as a licensed home, and the Newport Academy did not contact Fairfax County after it purchased the properties at 1620 and 1622 Davidson Road.

But Johnson said the Newport Academy’s assertion that the homes were separate operations — crucial for qualifying for the eight resident limit — were contradicted by other applications listing the operations as a single program with residents above the limit for the group residential facility classification.

The appearance of the Newport Academy program being a single facility didn’t stop there. Johnson’s letter to the community notes that in April, county staff learned that a 6-foot fence had been built around the facility, “creating the appearance of a completely enclosed facility.”

Johnson’s letter said the supposedly separate facilities were listed as having shared staff, like a security guard and night staff, in both public meetings and other permit applications.”

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If you’re looking for a place to house your servants, watchman and tenant farmers, there’s good news — Fairfax is in the middle of a process to simplify its complex and humorously outdated zoning code.

At a Fairfax County Board of Supervisors Development Process Committee meeting yesterday (May 14), the committee reviewed a series of proposed changes to modernize the zoning code — a process dubbed zMOD.

During the meeting, a consultant working on the modernization said Fairfax County’s zoning wasn’t the most labyrinthine he’d seen, but it was close.

Much of the process involves consolidating a wide array of residential classifications — like dormitories, fraternity/sorority houses, rooming/boarding houses, etc. — into a single use, like “residence hall.” Servants quarters and housing for tenant farmers in Fairfax are now grouped together as “caretaker quarters.”

But the regulations also add new zoning uses to the code as well, like electric vehicle charging or solar collection systems.

At the meeting, staff said part of the new zoning would include extensive modifications to accessory dwelling unit (ADU) zoning. These are dwelling units designed as separate from the primary residence.

Currently, all ADUs require a special use permit, but under the new regulations, an administrative approval could be obtained if the unit is located entirely within the main residence — like a basement separate from the main house.

The zMOD process is scheduled to be presented as a consolidated draft to the Board of Supervisors in July. Work is expected to continue on the zMOD process throughout 2019 with public hearings on the final draft in spring and summer 2020.

Photo via Fairfax County Government

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