ST. THOMAS – The 35th Legislature of the Virgin Islands, led by Senate President Novelle E. Francis, Jr. convened in Committee of the Whole to receive testimony on zoning requests as well as to discuss the draft Comprehensive Land and Water Use plan. Senators cannot vote on measures in the Committee of the Whole; however, action will be taken at the Wednesday, December 18 Session.
Lawmakers considered the following zonings:
Bill No. 35-0401, An Act amending Official Zoning Map No. STZ-10 (ZAT-24-10) for the island of St. Thomas, Virgin Islands rezoning Parcel No. 41-51-1 Estate Frydenhoj, No. 3 Red Hook Quarter St. Thomas from R-2 (Residential-Low Density-One and Two Family) to B-4 (Business-Residential). Keshoy Samuel, Planning Technician at DPNR delivered the recommendation report. Carvelle A. Rogers, Colette A. Rogers Anthony and Jacklin I. Rogers are the property owners. Clifford Graham, authorized agent for the property stated that the intention is to demolish the upstairs and redevelop on the existing foundation. The resulting two-story building would be available for restaurant and office usage and could have a total of 25 parking spaces. Redevelopment would occur in one phase and take nine to twelve months to complete. According to the department, the B-4 zoning would not be out of character with the surrounding area. There were no opposition or concerns with the proposal during its DPNR-CCZP public hearing held on September 17, 2024. The Department recommended the rezoning be approved.
Bill No. 35-0406, An Act amending Official Zoning Map No. STZ-10 (ZAT-24-11) for the island of St. Thomas to rezone Parcel No. 3J-1A Estate Mariendahl, No. 4 Red Hook Quarter, St. Thomas, Virgin Islands, from R-2 (Residential-Low Density-One and Two Family) to B-2 (Business Secondary/Neighborhood). Leia Laplace-Matthew, Territorial Planner at DPNR delivered the recommendation report. George Rogers and Carvelle Rogers are the property owners. Authorized agent Clifford Graham stated that the intention is to redevelop the existing single-family residence into an office space and install a standpipe for potable water provision to water haulers and private citizens constructing homes. There were no opposition or concerns with the proposal during its DPNR-CCZP hearing held on September 17, 2024. The property, while developed as a residence, it is recognized that the surrounding area has become mixed use. There was no opposition to the petition, and the Department recommended the rezoning be approved.
Bill No. 35-0407, An Act amending Official Zoning Map No. STZ-10 (ZAT-24-9) for the island of St. Thomas, Virgin Islands, to rezone Parcel No. N-1-Remainder of Tract 1 Estate Nazareth, No. 1 Red Hook Quarter, St. Thomas, Virgin Islands, from R-2 (Residential-Low- Density-One and Two Family) to P (Public). Planning Technician Keshoy Samuel delivered the recommendation report. The Government of the Virgin Islands is the property owner. The master plan for the area has allocated space for the VI Olympic Committee the Cricket Association, the Swimming Association, the VI Soccer Federation, and tennis. The VI Soccer Association’s plan is to build a FIFA approved soccer facility. The athletic field would include spectator bleachers, locker rooms, restrooms, concessions, a training room building, maintenance building, future dormitory, and 126 parking spaces. Development would occur in three phases and take 2-3 years to complete. At the DPNR-CCZP public hearing held on September 26, 2024, there was no opposition or concern expressed with the proposal. Two post-hearing letters of support were received. The Department recommended the rezoning be approved.
Bill No. 35-0421, An Act amending Official Zoning Map No. SCZ-11 (ZAC-24-7) to rezone Plot No. 13-A Combined Estate Hogensborg, West End Quarter, St. Croix from R-1 (Residential-Low Density) to R-2 (Residential-Low Density-One and Two Family) and Remainder of Parcel No. 4 Combined Estate Hogensborg, West End Quarter, St. Croix be rezoned from R-1 (Residential-Low Density) to B-3 (Business-Scattered) to allow for a mixed use development. The measure was proposed by Senator Novelle E. Francis, Jr., by Request of the Governor. Leia Laplace Matthew delivered the recommendation report. Ashwash Enterprise is the property owner. Authorized agent Clarence Browne stated that the proposal is to allow a residential subdivision for home ownership, with 20-22 lots, and future green space/town home/mixed use development. At the DPNR-CCZP public hearing held on October 23, 2024, three adjacent property owners and one post- hearing comment expressed concerns with the gut to the west and mitigation measures to lessen flooding, industrial uses, and pollutants nearby, traffic flow, property owner past development and buffers to address sound and flooding. According to the Department, the property’s southern access to public water and sewer lines and location to public transportation along the Queen Mary Highway, the mixed-use character of the area makes the request reasonable. The Department recommended the rezoning be approved.
Bill No. 35-0404, An Act ratifying the Governor’s approval of Minor Coastal Zone Permit No. CZMIW0001-23 issued to Coakley Plantation, LLLP for the installation and the submerged lands occupancy of two 224’ long and 3” ODHDPE pipes in approximately 6’-7’ of water to be used as an intake and brine discharge for a reverse osmosis plant. Marlon Hibbert, Director, of the Division of Coastal Zone Management at the Virgin Islands Department of Planning and Natural Resources delivered brief testimony. If ratified, the permit allows for the installation and submerged lands occupancy of two 224’ long, 3” OD (Outside Diameter) HDPE (High Density Polyethylene) pipes in approximately 6’– 7’ of water to be used as an intake and brine discharge for a reverse osmosis plant. The pipes will be installed seaward of Plot 14, Estate Coakley Bay, Christiansted, St. Croix, USVI. A rental fee of $3,420 per year, payable annually in advance would be charged for the two pipes and water area covered under the permit occupying the submerged lands area. The term of the permit will be for twenty years. Benjamin Keularts, Representative for Coakley Plantation, LLLP stated that the project is located in St. Croix on the shoreline of Coakley Bay and Carden Bay. The project, located in Coakley Bay, seeks to construct an ocean water intake and brine discharge pipeline off the shoreline of the property at 14 Estate Coakley Bay that would yield up to 100 gallons per minute and provide an average of 30,000 gallons per day of potable water, and results in a discharge of an average of 45,000 GPD of brine. The project seeks to allow Coakley Bay Plantation LLP to eliminate drawing from existing freshwater wells, and instead use seawater as the source of potable water, which would then eliminate negative impacts on the availability of freshwater resources and also improve ground water recharge.
Bill No. 35-0422, An Act ratifying Minor Coastal Zone Permit No. CZMIW0002-23 issued to 555 Madison Investors V, LLC for the installation of a 408 sq. ft. dock and a four-inch reverse osmosis intake line on and seaward of Plot 7W Estate Nazareth, St. Thomas, Virgin Islands. If approved, the minor CZM permit would be for the use and occupancy of the submerged lands seaward of Plot No 7W Estate Nazareth St Thomas VI, and for the installation of a dock consisting of a 21’ x 4’ section and a 7’ wide by 42’-6” long dock totaling 408 (four hundred and eight) square feet, the permit allows for the placement of a four inch (4”) diameter reverse osmosis intake line on the underside of the dock. A rental fee of $9,000 payable in advance would be charged. The term of the permit is for twenty years. Alex M. Moskowitz, Partner at Dudley Newman Feuerzeig LLP, who serves as counsel to 555 Madison Investors V, LLC reminded lawmakers that 555 Madison had been collaborating with territorial partners to ensure that the dock is built to protect and preserve coastal resources. The dock meets guidelines set forth by DPNR for the Permitting of Residential Docks and Piers as accessory uses in R-1 and R-2 zoning districts. A dock design has been chosen that minimizes impacts to corals, coral critical habitat, and seagrass.
Bill No. 35-0424, An Act ratifying Major Coastal Zone Permit No. CZT-06-21 (L&W) issued to Jack Rock B-A C, LLC for the development of a marina facility consisting of a restaurant, dock, moorings, wave attenuator, storage and services yard, warehouse building, the dredging of 7,200 yards of material, and the use and occupancy of 45.83 acres of submerged land located on and seaward of Parcel No. 3 (Consolidated 9B-A), Estate Nazareth, St. Thomas, Virgin Islands. Marlon Hibbert, Director for the Division of Coastal Zone Management (CZM) in the Department of Planning and Natural Resources delivered brief testimony. If this permit is ratified, it allows for the Development of a marina facility including a 10,000 square foot restaurant, retail and marina services building, a 10,000 square foot warehouse building, a boat dry storage and services yard area (which can accommodate dry stacking), a 23,119 square foot dock consisting of four fixed piers and bulkhead, forming 17 permanent slips, a 380 square foot wave attenuator, and the installation of 68 moorings for a managed mooring field. This permit also allows for the dredging of 7,200 cubic yards of material and the use and occupancy of approximately 45.83 acres of submerged land. A rental fee of $150,000 per year, payable annually in advance. The fee is comprised of the sum of $50,000 per year for the marina, which occupies 6.73 acres and $100,000 per year for the managed mooring area, which occupies 39.1 acres. The fee shall be with credit to the permittee for licensed moorings by vessels paying mooring fees directly to DPNR. For the first three years, the fee for the occupancy of the submerged lands is reduced to fifty thousand dollars ($50,000) per year. The term of the permit is for seventy-five years.
All measures were proposed by Senator Novelle E. Francis, Jr., by Request of the Governor.
Additionally, lawmakers considered the draft Comprehensive Land and Water Use plan. The process to complete the plan began in October 2022 with a series of intergovernmental meetings. Jean Pierre Oriol, Commissioner of the Department of Planning and Natural Resources delivered comments. A series of public engagement town halls began in February 2023, which were followed by town halls in July and November 2023. Over 1500 residents participated in the town halls over the last 18 months. The plan integrates feedback from community meetings, volunteer working groups and online submissions. This helped identify key concerns such as avoiding spot zoning, enhancing local control over land use and prioritizing environmental protection. The process culminated with four guiding themes, Making Better Land & Water Use Decisions; Protecting our Natural Resources; Preparing for a More Sustainable Future; and Living & Thriving Together. A draft of the plan was released in October 2024 and is expected to be approved by the legislature by December 2024. Specific island recommendations for St. Croix, St. Thomas, and St. John have been highlighted. These include the establishment/establishment of government services on government property, a desire to enhance Cruz Bay as a walkable town, maximization of opportunities on St. Croix to capitalize on the National Heritage Area Designation, and the redevelopment of areas on St. Thomas. Oriol reiterated that the adoption of the plan would not alter current regulations.
Senators present at today’s Committee of the Whole were Novelle E. Francis, Jr., Marvin A. Blyden, Angel L. Bolques, Jr., Samuel Carrión, Diane T. Capehart, Dwayne M. DeGraff, Ray Fonseca, Alma Francis Heyliger, Donna A. Frett-Gregory, Kenneth L. Gittens, Marise C. James, Franklin D. Johnson, Carla J. Joseph, and Milton E. Potter.
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