Welcome to Protect Loudoun

In December 2021, a handful of Gleedsville Road residents were made aware that Newport Academy/Institute, a national, private equity backed, for-profit rehab treatment company, was purchasing a family subdivision of residential homes and a separate 10 acre plot of land near them. They intend to use the subdivision of homes to operate a commercial treatment facility location for 24 adults aged 18-28. 

Objecting to corporate misuse of neighborhood homes for profit isn't objecting to mental health. Everyone supports mental and behavioral health care, Loudoun residents are objecting to corporations misusing residential zones for commercial, congregate facilities. Several of those who object have worked extensively in the mental healthcare field, others continue to work and volunteer with local organizations dedicated to providing care and support for mental health and developmental needs. 

Newport was already told by Fairfax County in 2019 that a unified operation spread across several adjacent residential homes is congregate and NOT permitted in neighborhood zones. Now they are testing Loudoun and seem to have found a support system of local officials that prefer out of state corporations over their own community. 

Not Permitted in Fairfax

In 2019, Newport purchased and began operating out of a row of three McLean neighborhood homes on Davidson Road. After Fairfax County Zoning was made aware by residents, they determined the three home cluster for 24 people, plus staff, was not operating as separate, single-family residences or group homes but was enclosed and sharing resources as a "Congregate Living Facility" which is not permissible in that Fairfax residential zone. Loudoun County Zoning also prohibits congregate facilities in this AR-1 residential zone. 

Additionally, the three homes on Gleedsville Road in Loudoun make up a gated family subdivision that share one single-car entry and driveway, and several communal features and amenities. We believe that this location, even more so than the row of McLean homes, define congregate living and should not be misused by a company as a for-profit campus (aerial photo of the compound displayed above). 

Not Permitted in Loudoun

Loudoun Zoning informed Newport that their intended use for the three homes was "congregate" and therefore NOT permissible. However, Loudoun Zoning went on to provide information on how Newport could usurp local zoning laws by operating the row of homes as separate "single-family-dwellings" in order to secure "by-right" federal and state protections reserved for group homes. Loudoun Zoning did not perform a site check to see that the three homes in question were a unified family subdivision before providing what we believe was inaccurate alternate use information. In a letter to select neighbors, Newport cited that suggestion from Deputy Zoning Administrator Michele Lohr and added that Loudoun Zoning had determined their proposed use to be permissible - NOT what was stated. All zoning documents are posted for reference further below. 

We can only view this second attempt to operate a commercial treatment facility for 24 clients out of three adjacent homes in a residential neighborhood as an intentional strategy. If they are permitted by Loudoun County to supersede zoning laws, it will establish a precedent for all Loudoun neighborhoods which will benefit Newport’s wealthy stakeholders and Canadian private equity investors – not those who seek their care, not our neighborhoods, and not the Loudoun community. 

Those who run businesses out of their homes are held to strict rules and standards, only a specific number of visitors and cars can frequent the location out of consideration for the neighborhood setting. However, unlike a traditional group home, Newport's for-profit commercial rehab facilities host dozens of cars for staff, vendors, visitors, client transport, deliveries, etc... Our community can't understand how a non-resident corporation would be permitted to operate a bustling commercial campus out of a cluster of homes amongst Loudoun residents abiding by strict rules for their small home businesses. Commercial treatment facilities should operate out of appropriate zones, this company has the means to easily do so. 

This is a time sensitive issue for anyone who objects. All families who live in the homes surrounding the proposed facility united to hire an attorney for the sole purpose of filing an appeal to the Loudoun Zoning Board (BZA). On Thursday April 28, 2022 a public hearing finally addressed the matter. It was an embarrassment and a disservice to Loudoun residents on several fronts. The majority of the BZA members seemed confused about the permitting but steadfast in backing Loudoun Zoning's position that neighbors had no standing and would not be affected by a large commercial campus next door. They also recited Loudoun Zoning's narrative that their determination letter was merely advice and should not have been appealable. 

After four hours of legal arguments and testimony from 30+ neighbors, the BZA decided to dismiss the case rather than make a call. Specifically, they said they wanted to wait until Newport filed more permits and shared more details about their plans (not necessary since Newport believes they are able to operate as a "by-right" federally protected group homes), that neighbors could "come back for another bite at the apple", and finally - they expressed concern for Newport's finances after investing in the homes but NO concern that residents were forced to spend tens of thousands to follow their procedures for appeal. 

At Circuit Court on September 26, 2022, a Judge ruled that the neighborhood HAS standing, and would be affected by a commercial operation next door. That decision overruled the insistence from Loudoun Zoning and the BZA that residents had no grounds to object. After several of his questions were refused by Newport due to VDHBDS considering a license, the Judge decided to rule on merits after VDHBDS completed their assessment of the proposed campus. In late October, VDHBDS issued a "first conditional" license through December 27, subject to unannounced inspection of the permitted five bedroom facility, and subject to termination. However, since the nineteen "death or serious incident" and "human rights inspections" issues across their three McLean facilities haven't resulted in a license being revoked, it's hard to say what would.    

Please donate anything you can to this GoFundMe link and thank you for supporting this fight to uphold Loudoun zoning laws. 

What are the immediate impacts?

Beyond opening Loudoun residential zones to this corporate misuse, negatively impacting home values, private equity acquiring more family residences, and fundamentally changing the neighborhood with commercial-level traffic, noise, risk of runaways, emergency service calls, and public disturbances that are reported around their other locations, the 25-acre congregate campus would be detrimental to a celebrated local non-profit.  

A Farm Less Ordinary (AFLO), has operated from the land next to the targeted row of homes for years. AFLO provides employment, purpose, and community to developmentally and intellectually disabled via a peaceful, rural, flower and vegetable farm. A commercial campus for 24 adults staying an average of 30-45 days (194-288 different rehab clients per year), in addition to the dozens of staff and medical personnel required, would fundamentally alter the tranquil, stable, reliable environment that was carefully selected and would threaten AFLO's ability to continue. 

Loudoun County Zoning rules are clear that congregate/commercial treatment centers are not permitted in agricultural residential (AR-1) zones and that should be upheld. This billion dollar backed corporation has the means and ability to operate from an appropriate zone. AFLO does not have the resources to relocate and, moreover, should not have to be forced to vacate.

Why should all Loudoun residents care? Your neighborhood may be next. If this corporation is permitted to operate commercial facilities out of groups of residential homes, it will be precedent setting and open every neighborhood in Loudoun to this use - by Newport and the dozens of others in the troubled teen and rehab industries with the same business model. HOAs don't matter, they mean nothing for "by-right" uses and we strongly believe that, like other counties targeted, this lucrative business model will spread across Loudoun if it is permitted. More reasons to care are described below. 

In addition to what Fairfax has already determined was a zoning misuse, we are concerned that this company will saturate and fundamentally alter the area as they have elsewhere. 

Newport initially purchased two homes in a Orange Park Acres, California and now operate out of 12, despite pleas from the community (see the PDF article below for full details). As mentioned in the article, deep pockets of a private equity backed company allows them to easily outbid anyone looking to purchase a home, even amidst a housing shortage in a competitive market. 

Loudoun residents fighting this planned corporate endeavor do not want to see this county meet the same fate as Orange Park Acres and likewise, residents in Orange Park are passionate about helping us ensure that our zoning laws prohibiting congregate facilities are enforced.