Welcome to Protect Loudoun

In December 2021, a handful of Gleedsville Road residents were made aware that Newport Academy/Institute, a private equity backed, rehab treatment company, was purchasing a family subdivision of several residential homes and a separate 10 acre plot of land and that they  intended to operate a commercial treatment facility location across the assemblage. 

Objecting to corporate misuse of neighborhood homes is not objecting to mental health. Everyone supports mental and behavioral health care, Loudoun residents are objecting to this corporation again attempting to misuse residential neighborhoods for their commercial, congregate facilities. Several of those who object to the inappropriate location 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. 

Fairfax County has made Newport aware that a unified operation spread across several residential homes is a congregate endeavor and NOT permitted in neighborhood zones. Now they are trying in Loudoun and seem to have found a support system of local officials ready to accommodate out of state corporations, and their Canadian private equity backer ONEX, rather than their own laws and 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, they determined the three home cluster for 24 clients, plus staff, was not set up to operate as separate, single-family residences or "group homes" but was enclosed and planning to share resources as a "Congregate Living Facility" which is not permissible in that Fairfax residential zone without a special permit. Loudoun County Zoning fully prohibits congregate facilities in AR-1 residential zones, the uses are incompatible and no special permit exists. 

Additionally, the three homes on Gleedsville Road were constructed to operate as a gated family subdivision. The homes share one single-lane driveway, along with multiple communal features and amenities. Protect Loudoun believes that this location, even more so than the row of McLean homes, defines congregate living and should not be misused by a company as a sprawling "sub-acute psychiatric treatment" campus (aerial photo of the subdivision displayed above). 

Not Permitted in Loudoun

Loudoun Zoning informed Newport that their intended use for the three homes was "congregate" and NOT permissible. However, Deputy Zoning Administrator Michele Lohr then went on to confirm Newport's inquiry on whether they could operate the subdivision as separate "single-family-dwellings" in order to secure "by-right" federal and state protections reserved for group homes for the disabled. 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 the alternate Deputy Zoning Administrator Michele Lohr's words and added that Loudoun Zoning had determined their proposed use to be permissible. All zoning documents are posted further below. 

Protect Loudoun supporters view this second attempt to operate a commercial treatment facility  out of multiple adjacent homes in a residential neighborhood as an intentional strategy. If Newport Academy/Institute 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 neighborhoods, and not the Loudoun community. 

Residents 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... 

A corporation should not be permitted to operate a bustling, 24/7 commercial campus out adjacent homes amongst Loudoun residents who abide by strict rules for their small home businesses. Fair Housing (FHA) group home protections were created to provide EQUAL access to housing for the disabled, they were not created to allow a corporation to have superior rights over all other residents. Commercial, medical, rehab treatment facilities should operate out of appropriate zones and this billion dollar backed company has the means to do so, they just don't want to. 

Furthermore, Newport's actions and words have described an intention to operate the homes as one single facility, sharing both staff and resources, and negating "by-right" group home use. 

This is a time sensitive issue for anyone who objects. There will be another public Board of Zoning Appeals (BZA) hearing that begins at 6pm ET on Thursday January 26, 2023 at the Board of Zoning room at 1 Harrison Street In downtown Leesburg, VA. Please attend.

BZA and Circuit Court Background

Every family in homes surrounding the proposed campus united to hire an attorney for the sole purpose of filing an appeal to the Loudoun BZA. Zoning instructed them to present a "legally sound appeal" within 30 days in December 2021. On Thursday April 28, 2022 an initial BZA hearing addressed the matter. It was 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...despite it containing instructions to appeal. The April 28 BZA transcript is posted below. 

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 is working to operate "by-right" as protected group homes), then 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 showed no concern that residents were forced to spend $30k to follow their procedures for an appeal. Residents then filed in Loudoun Circuit Court. 

At Circuit Court on September 26, 2022, a Judge ruled that the neighbors HAVE 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 only 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 initial facility, and subject to termination. 

A second Circuit Court hearing in November was again paused after County Attorney Lawrence insisted that the Judge should allow Loudoun Zoning to assign a zoning permit. The Judge again acquiesced and now residents must re-appear at another BZA hearing on January 26, 2023. 

Please donate to the ongoing legal fund via this GoFundMe link and thank you for supporting this fight to uphold zoning laws when local officials won't. 

What are the immediate impacts?

Beyond opening Loudoun residential zones to corporate misuse, private equity acquiring more family residences, and fundamentally changing the neighborhood with commercial-level traffic, noise, risks, emergency service calls and any public disturbances resulting from a sprawling psychiatric treatment campus, the use would be detrimental to a celebrated local non-profit.

A Farm Less Ordinary (AFLO), has operated from land next to the 25 acre campus for years. AFLO provides employment, purpose, and community to the developmentally and intellectually disabled in Loudoun via a peaceful, rural, flower and vegetable farm. A bustling treatment campus for adults, staying an average of 30-45 days (200+ different adults per year), in addition to the dozens of staff, vendors, deliveries, and medical personnel required, would fundamentally alter the tranquil, stable, reliable environment that was carefully selected. The campus would threaten AFLO's ability to continue. Without their largest farming location, they would likely have to shut down. 

Loudoun County Zoning rules are clear that congregate/commercial treatment centers are not permitted in agricultural residential (AR-1) zones and all residents are asking is for that to be upheld. The uses are incompatible and unsafe. ONEX and Newport have the means and ability to operate from an adequate and safe location. AFLO does not have the resources to relocate and should not be forced to vacate or shut down.

Why should all Loudoun residents care? If three homes in a family subdivision are permitted to operate this way, tomorrow it can be 5, 8, or 10. More neighborhood homes will be purchased and converted. This is precedent setting for Loudoun and would open neighborhoods 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 Protect Loudoun believes that, like other counties targeted, this lucrative business model will spread across Loudoun neighborhood if it is permitted by our Zoning Department. 

In Orange Acres, CA, Newport now operates out of thirteen homes in the same small community after starting with just two in 2010, according to residents there. Laws in California protect require 500 feet between facilities, Virginia has no such saturation protections. More reasons to care are outlined 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.