Some Brookhaven residents are unhappy with the plans for a new $70 million mixed-use development on Dresden Drive.

Parkside on Dresden is a mix of townhomes, apartments, and 32,000 square feet of retail and restaurant space. The development plans include a stand-alone building at 2546 Caldwell Road, and renderings show a rooftop deck that will back up to single family homes in the Ashford Park neighborhood. 

Neighbors say there’s not enough of a buffer between the proposed rooftop deck and their homes. A petition with about 80 signatures was circling early this week.

“The rooftop bar in the proposed location is not consistent with the stated intent of the project to create a buffer zone between the project and the residential community,” reads a letter from the Brookhaven Fields Civil Association to the mayor and city council.

Residents discovered the rooftop feature when the building was listed on Loopnet, a real estate leasing website. 

“It’s really disturbing that this is going to be directly in our backyard,” said a resident at an April 9 Brookhaven City Council meeting. “I have a five-year-old son, and he will wake up every hour to people who are partying on a rooftop bar.”  

The city issued a memo in response to the uproar, which states: “Patios on a rooftop or at ground level are not regulated separately by the zoning ordinance because these uses are considered accessory to a restaurant use.” 

Because a building permit for the stand-alone restaurant has not been submitted, city staff said they cannot confirm plans for a rooftop patio. A tenant has not signed a lease for the restaurant at this time.

Zoning at Parkside at Dresden was approved in two phases by the Brookhaven City Council in 2017 and 2018 under Mayor John Ernst. The city said this week that building plans are not required to be submitted during the rezoning process.

“The applicant is only required to submit a conceptual site plan. Any specific conditions to the site are required to be listed in the zoning conditions. If a specific regulation is not listed in the zoning conditions, city ordinances apply,” said the city’s memo. “There was no condition approved by the City Council that addressed restrictions on patios or the restaurant.” 

Nothing has changed since the original Land Disturbance Permit was approved, the city said.