[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Notices]
[Pages 7184-7185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3602]
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NATIONAL CAPITAL PLANNING COMMISSION
Memorandum of Understanding With The Peterson Companies L.C.
AGENCY: National Capital Planning Commission.
ACTION: Notice of amendments to memorandum of understanding.
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SUMMARY: The National Capital Planning Commission (Commission) entered
into a Memorandum of Understanding (MOU) with James T. Lewis
Enterprises, Ltd. on May 7, 1985, relating to the PortAmerica
development in Prince George's County, Maryland. \1\ The original MOU
was incorporated in Pub. L. 99-215. On April 7, 1988, the MOU was
amended to allow for revisions in the Conceptual Site Plan (CSP). On
February 1, 1990, the second MOU was amended to allow for revisions in
the Conceptual Site Plan (CSP) for the Waterfront Parcel. The third
amended MOU was approved by the Commission on April 5, 1990, clarifying
the permitted height and treatment of architectural features and
uninhabited mechanical penthouses. The MOU approved by the Commission
on January 8, 1998, in addition to recognizing the new developer,
permits flexibility in the provision of green area and shoreline
stabilization, and the alignment of trails, particularly along and
adjacent to the shoreline of Smoot Bay. These changes are necessary to
facilitate the filing of a revised Conceptual Site Plan to Prince
George's County by the new Developer, The Peterson Companies L. C.,
reflecting changes in use and activities for the project. Specifically,
the new uses contemplated by the Peterson Companies involve a change
from residential to commercial waterfront development with
entertainment, retail, restaurant and hospitality venues in accordance
with Prince George's County Council Bill No. CB-44-1997.
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\1\ Published at 53 FR 6209, March 1, 1988, amended 55 FR 14498,
April 18, 1990, and corrected at 55 FR 21674, May 25, 1990.
FOR FURTHER INFORMATION CONTACT: Sandra H. Shapiro, General Counsel,
National Capital Planning Commission, 801 Pennsylvania Avenue, NW.,
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Washington, DC 20576, telephone (202)482-7223.
SUPPLEMENTARY INFORMATION: The parties agree to the following text
amendments: Developer in the DEFINITIONS Section, and Preservation of
Green Area Along Shoreline, Other Green Areas, Hiker Bike Trail, and
Shoreline Stabilization in the RESTRICTIONS Section. In addition a
[[Page 7185]]
footnote has been added for RESTRICTIONS; Provision 3, Other Green
Areas in the RESTRICTIONS Section has been deleted, and the provisions
that follow have been renumbered accordingly; and the signatories have
been changed to reflect the heads of the two agreeing parties.
The text amendments are as follows:
Footnote to RESTRICTIONS: The language in this MOU will be further
amended upon Commission review of updated development plans, including
the incorporation of revised maps for the new project. This Fourth
Amendment to the MOU has been requested by the new Developer, to
facilitate its schedule for financing and filing an appropriate
application for review by the County. These amendments are intended to
achieve that purpose. The Commission will act on the substance of the
Developer's proposal upon receipt of an appropriate submission
including a revised conceptual site plan. Nothing in this Fourth
Amendment restricts NCPC's authority regarding its review or action on
this project.
Developer: The Peterson Companies L.C., its successor and assigns.
2. Green Area Along Waterfront: The Developer shall incorporate
green areas, to the maximum extent practical, along the waterfront and
throughout the Waterfront Parcel. The primary focus of the green area
shall be to break up continuous linear views of hardscape, structures
and buildings. A justification for the percentage of green area
proposed will accompany the Commission's review of the Developer's
revised Conceptual Site Plan for the property. Green areas within 98
feet of the new shoreline generally extending from the northern
boundary of the Gudelsky Tract to Rosier Point immediately east of the
proposed restaurant shall not contain any buildings or structures,
except that, between 85 feet and 98 feet from the new shoreline,
unenclosed building appurtenances, such as porches, steps and awnings,
may be constructed. The approximately 3 acre ``Rosalie Island'' site
shall not be considered green area.
4. Trails: The Developer will dedicate or grant easements for
continuous public trails, a significant portion of which shall be
located along the waterfront, that will permit future connections with
proposed trails, including the Potomac Heritage Trail, along the
Potomac River north and south of Smoot Bay.
10. Shoreline Stabilization: Subject to the requirements of the
Corps, the Developer shall retain the right to stabilize the shoreline
by creating a bulkhead, revetment, and/or other means along the entire
shoreline, as may be necessary according to sound engineering practice.
Wherever practicable, the Developer will maintain or provide trees,
shrubs and other landscaping behind the entire shoreline protection
elements.
Sandra H. Shapiro,
General Counsel.
[FR Doc. 98-3602 Filed 2-11-98; 8:45 am]
BILLING CODE 7502-02-P
