Our client is planning to build a new office building in an existing suburban office/warehouse park (lot number 54). The lot is currently used to provide parking for the adjacent lot (lot number 53). As part of the purchase of lot number 54, an easement was created to require that our project provide enough parking to meet code requirements for lot number 53. Therefore, in order to meet zoning requirements and the requirements of the legal easement, our property (lot number 54) must provide enough parking to meet the zoning requirements for both lots. A copy of this easement can be provided at submission if requested. Specifically, for our building - lot number 54, the code-required parking count for the new building is 162 (49,093 SF. X 3.3 spaces/ 1000 SF). The total parking requirement for lot number 53 is 157 spaces. Ninety six of those spaces are provided within the boundaries of lot number 53, leaving an additional 61 spaces that must be provided on our lot (number 54), bringing the total parking spaces required for our project to 223. Our project site design provides for 215 parking spaces using a structured garage (145 spaces on-grade, including under the deck, and 70 spaces on the structure) - 8 spaces below the required zoning and easement provisions. In addition, we will designate preferred carpool parking for 5% of the building occupants. We would like to confirm that the inclusion of the existing parking encumbrance together with the local code requirements would satisfy the intent of Alternative Transportation, SS Credit 4.4.
Yes, you should pursue achievement of this credit by including the parking provided to meet the code requirements of the adjacent lot. Normally, LEED specifically prohibits earning this credit when parking capacity exceeds minimum local zoning parking requirements for a project applying for LEED certification in order to provide sufficient parking for adjacent buildings NOT applying for LEED certification, as established by SSc4.4 ruling dated 9/24/01. However, this is an extremely special case, due to the pre-existing requirements of the legal easement on your property and thus the requirement is to not exceed the minimum parking required by zoning for both buildings in total. Your certification submission must include relevant sections of the easement agreement. Also, include documentation demonstrating that parking capacity meets, but does not exceed, the minimum local zoning requirements for both your building on lot 54 AND for the adjacent existing building on lot 53, including the existing parking on that adjacent lot. Lastly, all of the parking provided on your site must be included in your project scope and in the calculations for ALL LEED credits being pursued. Applicable internationally.