Leesburg council approves Hotel Berg rooftop exception, authorizes land take for Balls Bluff park and clears consent agenda

Leesburg Town Council on June 24 approved a minor special exception allowing limited accessory uses within a mechanical penthouse at the Hotel Berg, authorized acquisition of land rights by condemnation for street work tied to the Veterans Park at Balls Bluff capital project, and approved multiple consent-agenda items including a sanitary sewer reimbursement and a flood-plain resiliency contract.

The rooftop special exception for 208 South King Street (the Hotel Berg) passed on a 5-1-1 vote after public comment from nearby residents raised noise and nuisance concerns. Council also voted 6-0-1 to approve the town's petition and certificate of take to acquire temporary construction easements and one full parcel needed for street improvements to serve the Veterans Park at Balls Bluff. Consent-agenda items A, B, D and E were approved following the removal of item C for brief council discussion.

Council members and staff said the Hotel Berg application meets the town's new zoning standards for mechanical-penthouse rooftop uses, but neighbors urged tighter controls on noise and operating hours. Scott Parker, senior planning project manager in the Department of Community Development, told the council the applicant sought approval for 200 square feet of accessory uses in the mechanical penthouse — described in the application as a 150-square-foot food-preparation area plus bathrooms — and that the application met the seven requirements of zoning section 10.4.6. Parker said staff recommended approval subject to conditions, including hours of operation and prohibitions on amplified live music in the rooftop area as proffered by the applicant.

“I won't do a dramatic reading of these, but this is what section 10.4.6(c)(8) has as the requirements for applying and the use standards for this particular application. And the applicant has met all of the 7 requirements of this code section,” Parker said during his presentation.

Kevin Ash, the applicant, said he intended the rooftop to be a social space with background music but without amplified live performances. “I was proposing was no, amplified live music. I am sensitive to, you know, the town and some of the live music issues and loud music issues, so I was willing to proffer no amplified live music. I do want to have background music up on the roof,” Ash told the council.

Neighbors urged caution. Suzanne Larkins, who gave her address as 3 Royal Street, asked the council to delay final approval until staff and the applicant could provide post‑occupancy data showing the operation would not create a nuisance for surrounding residents. “I find it concerning that council is considering ruling on the special exception without any evidence from either applicant or staff,” Larkins said, and asked for a 90‑day review period before a final ruling. Jim Norconc, another nearby resident, warned that “noise is noise, whether it's amplified or not,” and asked the council to reconsider allowing rooftop music at all.

Council members discussed the relationship between the zoning conditions and the town's noise ordinance. The council was advised that the applicant's proffer — restricting amplified live music — would be a zoning condition separate from, and in some cases stricter than, the town noise code. Under the town noise ordinance cited in the hearing, amplified outdoor music is generally allowed only during daytime and early-evening hours: up to 10 p.m. Sunday through Thursday and up to 11 p.m. on Friday and Saturday, subject to the ordinance's measured limits.

Vice Mayor moved to approve the special-exception resolution as recommended by staff with the applicant's restriction on amplified live music; Councilmember Wilt offered the motion that the council adopted. The motion passed 5-1-1. The transcript records the motion language as approving TLSPEX-2025-0002 (Hotel Berg rooftop uses and mechanical penthouse) with conditions that include a 150-square-foot food-prep area and restroom space within a total 200 square feet of accessory use, hours limited Sunday–Thursday 7 a.m.–10 p.m. and Friday–Saturday 7 a.m.–11 p.m., and the added restriction on amplified live music as discussed by staff and proffered by the applicant.

On the Balls Bluff Road item, town staff explained the council had previously authorized a small temporary construction easement (about 200 square feet) but final plans require closer to 1,000 square feet on Parcel A; Parcel E requires the full parcel. Staff told council the earlier offer to the homeowners association was based on an incorrect square-foot calculation and the revised compensation reflects the final plan. The staff presentation noted the town previously authorized $500 for the 200-square-foot area; using the final plan's figure of $10.44 per square foot increases the compensation to approximately $1,400 for that portion. Council voted 6-0-1 to approve the resolution to file the petition and certificate of take; staff said the next steps include filing the petition in court and depositing the funds so the town may enter the property while the matter is pending.

The council also approved consent-agenda items that were listed on the agenda: fiscal-year 2026 Loudon Education Foundation grant B (item A), a Laserfiche license agreement and purchase (item B), the West Market sanitary-sewer project (item E), and a flood-plain study and resiliency planning contract award (item D). Council pulled item C (sanitary-sewer reimbursement for the Crescent Sicklin/Crescent Sickle project) for brief questions; Utilities staff clarified that the Crescent Sickle work involved removal of an existing pipe (rather than fill-in-place), and the developer is installing infrastructure that will be reimbursed because it becomes town-owned infrastructure. The consent items were approved by roll call with the vote recorded as 6-0-1 after the pull-and-discuss on item C.

Ceremonial items on the agenda included two proclamations the council adopted earlier in the meeting: recognition of the inaugural board of directors of the Thomas Balch Library Endowment Foundation and a proclamation declaring June 2025 National Gun Violence Awareness Month. Both proclamations were read aloud and approved by formal motion.

Public comment included other items: Matt Chelowasky urged the council to reject a proposed closure of Church Street, saying the town should rely on “facts, data, risk, and probabilities” when considering street closures. Several members of the public spoke specifically about the Hotel Berg rooftop request and the potential for noise impacts.

Planning staff and the applicant will incorporate the council's conditions into the final resolution and the project must comply with the Town of Leesburg zoning ordinance and the conditions of approval. For the Balls Bluff acquisition, staff will proceed with filing in court and depositing the funds as required under the condemnation process; council members said the matter had the support of the homeowners association board after staff presented the corrected offer packet.

Votes at a glance - TLSPEX-2025-0002 (Hotel Berg rooftop uses and mechanical penthouse): Approved 5-1-1. Motion to approve with conditions including restricted hours and prohibition on amplified live music; mover: Councilmember Wilt (motion text recorded by council). Second: recorded as second. Outcome: approved. - Resolution to file petition and certificate of take for Balls Bluff Road improvements (Veterans Park at Balls Bluff CIP): Approved 6-0-1. Mover: Vice Mayor (recorded). Second: recorded. Outcome: approved; staff to file in court and deposit funds. - Consent agenda (items A, B, D, E): Approved 6-0-1 after item C was pulled for discussion and later approved. Item C (sanitary-sewer reimbursement for Crescent Sickle project) was discussed and approved as part of the consent items. - Proclamations (Thomas Balch Library Endowment Foundation recognition; National Gun Violence Awareness Month): Approved by motion; votes recorded as unanimous on each respective motion per the transcript.

What happens next - Hotel Berg: Applicant must comply with the zoning conditions and obtain any final inspections/permits required to operate the rooftop uses under the terms approved by council. Violations of the zoning conditions or the town noise ordinance could subject the applicant to zoning enforcement and noise-ordinance penalties, staff advised. - Balls Bluff/CIP: Town staff will file the condemnation petition and certificate of take in Loudoun County court, deposit the authorized funds, and proceed with temporary access for construction while the matter is pending.

Meeting context The meeting was attended by six council members with Mayor Kelly Burke absent. Public engagement included a mix of residents speaking on street-closure concerns, rooftop noise and nuisance potential, and support for the town's veteran-park improvements. The rooftop item drew the most public comment and the most sustained council discussion during the meeting.

Ending note Council members closed the meeting after brief announcements and motions to adjourn. The council will not meet again until after July 4, and staff reported the town's first public EV-charging station on Lassiter Way opened earlier the same day.