We are having a bit of difficulty determining exactly what to include as "buildable" land. We have received feedback that even if open space is allowed to include sidewalks or plaza areas, it would be considerede buildable. Our project includes PUD "qualifying" open space required by zoning code, city code requirements for at least 10% of individual lots to be open space, and there are utility easements. The roadways are considered nonbuildable, but they were allowed to be narrower with additional areas around the site left open for access in case of fire. There are also CCR requirements that prevent any owner from altering, expanding, or making additions that increase or expand the footprint, or increase the building height.
The reference manual defines buildable land as "excluding public rights-of-way and land excluded from development by codified law or LEED ND prerequisites". Would only the roadways be considered "nonbuildable" and the remaining areas of the site and open space be considered "buildable" even with all the zoning, city, and CCR requirements? Could any of this site area be considered part of the nonbuildable 15% that is voluntarily set aside and protected from construction by easement, deed restriction, or other enforceable legal instrument as described in the reference manual?
Eliot Allen
LEED AP-ND, PrincipalCriterion Planners
LEEDuser Expert
303 thumbs up
July 7, 2021 - 12:34 pm
Marc, nonbuildable land includes: a) public rights-of-way (ROW) regardless of street or sidewalk width within the ROW; b) privately owned ROW if deeded in perpetuity to public access; c) utility easements that prohibit construction within the easement; d) parcels of land transferred to local government in fulfillment of code requirements for public facility set-asides, e.g. park, open space, school, or fire station; and e) land excluded from development by ND SLL prerequisites. Nonbuildable land does not include those portions of developable parcels left unbuilt to satisfy setback, lot coverage, or CC&R requirements. Nor could these latter types of areas be used in the 15% adjustment of baseline buildable land, which instead is again intended for voluntary set-aside of discrete public facility locations, e.g. additional open space acreage in a given habitat area. Hope this helps,
Eliot