Hello,
We are developing 50-acre of mixed-use development. Currently mainly all the land is parking lots and has been so for over 20 years. Some are paved (asphalt) parking lots and others are dirt parking lots.
Some lots had buildings on them in the 1800s and 1900s, would this count as previously developed although it was a very long time ago? And we may only have historic photographs and no actual permit from the time.
My understanding is that the paved parking lots would be counted as 'previously developed' but the dirt/unpaved parking lot may not be. However, if all lots have a permit to be used as parking lots, would we be able to make it count as previously developed per this sentence: 'land use that would typically have required regulatory permitting to have been initiated' ?
Thanks
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Eliot Allen
LEED AP-ND, PrincipalCriterion Planners
LEEDuser Expert
303 thumbs up
March 1, 2017 - 5:57 pm
Sarah, unpaved areas are usually approvable as previously developed if they are a very small share of an otherwise constructed-upon project site, and the site itself is located in a heavily urbanized setting. The presumption is the unpaved areas were likely disturbed at some point historically, if only for maneuvering vehicles or storing materials. If you have a regulatory permit for operating parking on the combined paved and unpaved areas, and the unpaved areas show clear consistent use by vehicles, then everything should qualify as previously developed based on the permit issuance date. However, if the unpaved areas represent a notable share of the project site, then the permit should be supplemented with documentation of historic use of the site generally. This will help respond to the previously developed definition's last phrase: the permit in itself does not constitute previous development.
Eliot
Sarah Kearney
Sustainability and Wellness ManagerStrategic Property Partners
March 1, 2017 - 6:04 pm
Thank you Eliot!