ST. THOMAS – The Committee of the Whole, led by Senate President Novelle E. Francis Jr. met in the Earle B. Ottley Legislative Hall to receive testimony on rezoning requests for the islands of St. Thomas and St. John. Senators cannot vote on measures in the Committee of the Whole; however, action will be taken at the next scheduled Legislative Session.
Lawmakers first considered Bill No. 35-0137, An Act granting a use variance for Parcel No. 9-3 Estate Glucksberg, No. 22, Cruz Bay Quarter, St. John, Virgin Islands to allow the applicant to lease individual bedrooms under the category “Lodging/Rooming house”. The measure was proposed by Senator Novelle E. Francis, Jr., by request of the Governor.
Leia LaPlace-Matthew, Territorial Planner at the Virgin Islands Department of Planning and Natural Resources delivered an official report on the zoning petition. The proposed use is to allow for individually leased bedrooms under the category of “Lodging/Rooming house.” It would amend the zoning map from R-2 (Residential Low Density One and Two Family) to R-4 (Residential-Medium Density). Before and after DPNR’s public hearing on May 22, 2023, 73 letters and petitions were received. Concerns included the location appropriateness of the rezoning, inadequate parking, potential street congestion, neighborhood overcrowding, potential environmental hazards, and safety and affordability.
The intent of the rezoning is to allow for construction of a co-housing development. The original plans allowed for housing for 72 people. However, revised plans now allow for housing for 24 people. Each unit, consisting of a private bedroom and bathroom, would be offered for rent under independent leases, as permitted by the zoning variance. All tenants would have access to shared communal facilities like a kitchen, living dining, and laundry rooms, and shared deck space. The Department stated that the rezoning of the property to R-4 is not appropriate. However, the Department recommended that a use variance be granted to the R-2 (Residential-Low Density-One and two Family) zoned Parcel No. 9-3 Estate Glucksberg No. 22 Cruz Bay Quarter, St. John to allow for Lodging/Rooming House.
Lawmakers then considered Bill No. 35-0241, An Act granting a zoning use variance for Lot No. 3, Second Street, Subdivision of Estate Thomas, Kings Quarter, St. Thomas, Virgin Islands, to allow for a restaurant and a fruit bar. The measure was proposed by Senator Novelle E. Francis, Jr., by request of the Governor. Keshoy Samuel, Planning Technician delivered the official report on the petition. The rezoning request is to allow for a restaurant and fruit bar on the first floor of the existing two-story building. The fruit bar would serve freshly blended smoothies. The fruit bar would not serve alcohol and would not offer dine in service. Hours of operation would be Monday to Saturdays from 7am to 8pm and no nighttime entertainment. At the DPNR-CCZP public hearing held on January 19, 2024, there was no opposition or concerns with the proposal. A petition with 16 signatures in support of the proposal was received before the hearing. No post hearing comments were received. The bottom floor of the property was used commercially in the past, operating under grandfather non-conforming status. After the 2017 Hurricanes, the use ended. Section 234h of the Zoning Code states “any non-confirming use of a land or building which has ceased by discontinuance or abandonment for a period of three (3) years shall thereafter conform to the provisions of this subchapter. The area is predominantly residential with business used mixed through the subdivision. The B2 zoning district was intended to accommodate small neighborhood business districts similar to that of a small shopping center. The proposal would not significantly conflict with the neighborhood, as a similar takeout restaurant once operated in the neighborhood on another property. The Department recommended that a use variance be granted to the R-4 (Residential-Medium Density) zoned Lot No 3. Second Street, Subdivision of Estate Thomas, Kings Quarter, St. Thomas to allow for a restaurant and a fruit bar.
Finally, lawmakers considered Bill No. 35-0256, An Act amending Official Zoning Map No. SJZ-1, St. John, Virgin Islands, to allow for the rezoning of Parcel No. 6-A Estate Susannaberg, No. 17A Cruz Bay Quarter, St. John from R-2 (Residential-Low Density-One and Two Family) to P (Public). The measure was proposed by Senator Novelle E. Francis, Jr., by request of the Governor. Keshoy Samuel, Planning Technician delivered the official report on the petition. The Government of the US Virgin Islands is the property owner. Jermaine McClean, District Engineer for DPW and Jeffery Boschulte testified at the DPNR-CCZP’s public hearing that the Department of Public Works is working on a Disaster Recovery Project for DPW’s maintenance building which was damaged in the 2017 Hurricanes. Additionally, the property houses the Department’s main office building, VITRAN Office, and Island Green Building Association’s recycling building. The building repair project is federally funded, requiring compliance with many processes and guidelines. At the DPNR-CCZP public hearing held on January 17, 2024, no opposition or concerns were expressed. After the hearing, one letter of opposition was sent, voicing concerns that residential land in the north shore is of premium value. The original parcel (Parcel No. 6) was used as a nonconforming landfill before the 1972 adoption of the zoning law and stopped operating in the early 1990s. The Department recommended that Parcel No. 6-A Estate Susannaberg, No. 17A Cruz Bay Quarter, St. John be rezoned from R-2 (Residential-Low Density-One and Two Family) to P (Public).
Senators present at today’s legislative session were Novelle E. Francis, Jr., Marvin A. Blyden, Angel L. Bolques, Jr., Ray Fonseca, Alma Francis Heyliger, Donna A. Frett-Gregory, Marise C. James, Javan E. James, Sr., Franklin D. Johnson, Carla J. Joseph, and Milton E. Potter.
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