On May 15, 2019, the Fairfax County Zoning Administrator released a letter that concluded the three properties owned by Newport Academy on Davidson Road did not constitute a Group Residential Facility but rather, a was a Congregate Living Facility. The Zoning Administrator based her "determination on both the proposed physical layout of the Davidson Properties and on the characteristics of this use, as described in Newport Academy's Initial and Revised Application and by Newport Academy's officers." The determination is "based on the facts and information available to date. Should facts or circumstances change, this determination is subject to change."
The May 15 letter did not address the property on Kurtz Road that is still under review.
It's the Committee's understanding that Newport Academy has the right to challenge this interpretation with the Board of Zoning Appeals and, potentially, the courts. The letter does not constitute "a written order or a notice of zoning violation," according to the County.
After reviewing the May 15 letter the Planning & Zoning Committee reevaluated its interim position and is presently drafting a resolution of support for the Zoning Administrator's letter and opposition to the proposed use of the Davidson Road properties that also urges the County not to grant Newport Academy any special exception, variance or waiver that would allow the three properties to operate as proposed. Once adopted by the Committee via email, it will be presented to the MCA board of directors at the June meeting for approval.