[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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., --------------------------------------------------------------------------- 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