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Special P&Z Committee Meeting on Legal Issues Related to Newport Academy

Published on 4/27/2019

The McLean Citizens Association (MCA) Planning and Zoning (P&Z) Committee is aware of and monitoring the issues and discussion surrounding the properties on Davidson Rd and Kurtz Rd and their proposed use by Newport Academy. Multiple members of the P&Z Committee attended the meeting organized by Supervisor Foust on April 24, 2019 at McLean High School and are well aware of the opinions expressed on all sides of the issue in that forum. This issue will not be addressed at our next P&Z meeting, scheduled for April 30, 2019, but we will consider scheduling a special meeting of P&Z in May dedicated to this issue.  As the County process stands now, our local government is considering strictly legal issues related to the definitions of what constitutes a group home under relevant federal, state, and county laws.  The P&Z Committee is open to receiving case law that would support a conclusion, under the facts represented by Newport Academy, that this is or is not a protected, by-right use within the meaning of 1. The federal Fair Housing Act; 2. Virginia law including Va. Code 15.2-2291; and 3. the Fairfax County Zoning Ordinance. With full respect for everyone’s concerns and opinions, the P&Z Committee is not currently in a position to accept or evaluate concerns that do not fall into the narrow, legal bounds described here at this point in the process.  The MCA and its Committees are not government agencies.  As the government’s process unfolds, the P&Z Committee will continue to monitor their decisions.