ST. CROIX, VI — The Committee of the Whole, led by Senate President Milton E. Potter convened at the Frits E. Lawaetz Legislative Conference Room. Lawmakers considered rezonings in the territory. Senators cannot vote on items in the Committee of the Whole and action will be taken at the next scheduled Legislative Session.

Lawmakers considered Bill No. 36-0267, An act rezoning Parcel No. 19-2-111 Estate Smith Bay, Nos. 1, 2, and 3 East End Quarter, St. Thomas from A-1 (Agricultural Zone) to R-3 (Residential-Medium Density). The measure was sponsored by Senator Milton E. Potter by Request of the Governor.

Keshoy Samuel, Planning Technician at the Virgin Islands Department of Planning & Natural Resources delivered testimony stating that the property owners, Selwyn Gumbs and Asiah Clendinen Gumbs seek to amend the zoning designation. The property owners would design two apartments within the existing bottom floor footprint of a two story building, The bottom floor would be converted into two rental units, a 1 bedroom unit and a two bedroom unit. Testimony said that conversion into the two rental units would require minimal work, and could be ready in approximately two weeks. At the DPNR-CCZP public hearing held on December 29, 2025, no opposition or concerns were expressed, and no post hearing comments were received. The proposal is consistent with the 2024 Comprehensive Land and Water Use Plan. The Department recommended that the zoning request be approved.

Property owner Asiah Clendinen-Gumbs said that before the property was purchased, the home had operated for almost 30 years as a two story, four unit dwelling, demonstrating its long standing use as a multi-use residence. The zoning request in requested to be in compliance with Virgin Islands zoning regulations, which allows three dwelling units within the existing structure. Clendinen-Gumbs stated that the surrounding area already has a mix of zoning designations, including R-1, R-2, R-3, B-2, B-3, and commercial. The requested designation would fall within the area’s current landscape and ongoing development.

Senators also considered Bill No. 36-0269, An act granting a zoning use variance to Plot Nos. 24B and 24D, Estate Body Slob, King Quarter, St. Croix to allow for a bus and passenger terminal. The measure was sponsored by Senator Milton E. Potter by Request of the Governor.

Keshoy Samuel, Planning Technician at the Department of Planning and Natural Resources, delivered testimony that said the Government of the Virgin Islands Department of Public Works, seeks a use variance for the P (Public) zoning designation. The site has operated as a bus terminal for over 30 years. The use variance amins to allow the continued operation of the non-conforming bus terminal. The surrounding use of the land include business to the north including the La Reine Chicken Shack, the east, the Villa La Reine Shopping Center, vegetable and fish markets to the south, and undeveloped land to the east and the west.

At the DPNR-CCZP public hearing held November 25, 2025, project representative Kenneth Serrant stated that the existing 400 square foot terminal building will be demolished and replaced with a new 2,100 square foot facility. The new building will accommodate three employees, 50 transit passengers and 30 parking spaces for cars and buses. Construction is anticipated to be completed in 12 months. No opposition or concerns were received at the meeting.  No post hearing comments were received. The site has been used as a bus terminal for more than 30 years. However, this use is not listed in the Table of Permitted Uses for the P (Public) zoning district. When the zoning code was adopted in 1972, bus terminal use was permitted in the C (Commercial) and I-2 (Light Industry) zoning district. The variance is needed to bring an existing government operation into zoning compliance on government owned land. The Department recommended that the rezoning be approved.

Policymakers then considered Bill No. 36-0270, An act rezoning Plot Nos. 11-F and 11-G Estate Penitentiary Land, Company Quarter, St. Croix from R-3 (Residential-Medium Density) to P

(Public). The measure was sponsored by Senator Milton E. Potter by Request of the Governor.

Keshoy Samuel, Planning Technician at the Virgin Islands Dept of Planning & Natural Resources delivered testimony stating that the Department of Health, seeks to amend the zoning designation to bring the property into zoning compliance for the BSL-3 Public Health Laboratory and Emergency Medical Services offices. The site, formerly the Ralph De Chabert Housing Project is leased from the Virgin Islands Housing Authority. The surrounding area includes residential, commercial, and public uses including a Fire Station and the Juanita Gardine K-8 School.  The proposed use will be conducted in the two story building designated for office and laboratory functions. The laboratory will not be for public use.

At the DPNR-CCZP public hearing held on March 25, 2025, concern regarding the permanent use of the site was raised. It was clarified that the site will be used as a non-public facing lab and office. No opposition or post hearing comments were received. The proposed rezoning follows 10 previous petitions for rezoning government owned properties to P (Public) in accordance with Title 29, Chapter 3, Section 229(q) which mandates that public owned properties must be shown as zoned P-Public on zoning maps. 10 similar rezonings have been approved since 2022 for government agencies across the territory. Additionally, the rezonings bolster eligibility for federal disaster recovery funding. The Department recommended that the zoning map amendment be approved.

Lawmakers then considered Bill No. 36-0271, An act rezoning Plot Nos. 31-B, 32-B, 34-CA, 34-CAA, and 34-CB Strand Street, Christiansted Town, St. Croix from R-3 (Residential-Medium Density) to B-2 (Business-Secondary/Neighborhood). The measure was sponsored by Senator Milton E. Potter by Request of the Governor.

Gail Pagan, Planning Technician at the Virgin Islands Department of Planning and Natural Resources, delivered testimony that the property owner Highest Potential Design, LLC, on behalf of Centerline Car Rental, LLC seeks to amend the zoning designation. The site is located in the Historic Christiansted Town District. It is surrounded by non-residential uses to the north, east, and part of the south. There is undeveloped land to the west and the remaining southern portion. The applicant seeks to allow a hotel car rental agency to operate a matter of right, rather than being restricted to serve only Hotel Caravelle patrons. At the DPNR-CCZP Public Hearing held on September 15, 2025, there was no opposition to the proposal. A question was asked about property tax implications, which was clarified as determined by a property’s use because all 18 zoning district are multi use, allowing for residential and non-residential uses.

The B-1 and B-2 zones would allow the intended use, the B-1 zone is more appropriate, given its alignment to represent and maintain the historical commercial character of the business center of Christiansted Town. The B-2 zone is intended more for major shopping centers outside of the primary B-1 business areas such as the Golden Rock Shopping Center. Development between B-1 and B-2 zones are similar,  but B-1 better supports the district planning goals.  The Department recommended that rezoning to the B-1 zoning district is more consistent with the Comprehensive Plan and more appropriate for the intended use.

Finally, Senators considered Bill No. 36-0200, An act rezoning a portion of the Remainder of Estate Beeston Hill (South Portion), Matricular No. 6a, Company Quarter, St. Croix, from R-1

(Residential–Low Density) to B-2 (Business–Secondary/Neighborhood). The measure was sponsored by Senator Milton E. Potter by request of the Governor.

Gail Pagan, Planning Technician at the Virgin Islands Department of Planning & Natural Resources said that Attah Misbeh, seeks to amend the zoning designation of the property. The purpose is to develop townhouses for rental and sale; a 24 unit clustered residential development on three to four acres. Seventy percent of units are proposed to be rentals, split evenly between short and long term rentals. Thirty percent would be for purchase. Access is proposed via the private Beeston Hill Road. Construction is estimated to last 24 months.

At the DPNR-CCZP hearing held on September 15, 2025, there were 50 attendees. 39 formal letters of objection were received. Some reasons for objection included community integrity and zoning, stating that residents valued the quiet residential character of Beeston Hill and its surrounding neighborhoods. Additionally, the B-2 zoning permits non-residential uses, posing long term risks to neighborhood integrity. The proposed zoning contradicts the Comprehensive Land and Water Use Plan, and misrepresents the project’s stated residential intent. Objectors also stated that traffic, environmental, stormwater and infrastructure studies had not been conducted, and that the site has had a history of flooding.

Residents support well planned housing to address the affordable housing crisis on the island of St. Croix. However, concerns were raised about the proposed rental mix and lack of guarantees for permanent housing have undermined the stated goals. The community did not oppose housing development, but opposed the proposed B-2 zoning.  The Department recommended that the rezoning be denied, in favor of other tools such as a subdivision, a group dwelling permit, or a Planned Area Development.

Alicia Barnes, speaking on behalf of applicant Attah Misbeh spoke on behalf of the proposed rezoning. Barnes stated that the proposed B2 rezoning is necessary because it allows townhouse and apartments at a matter of right, which strengthens the applicant’s ability to secure millions in private financing. The projects design would include six two story buildings, green space, buffers and required parking. Barnes stated that the applicant’s ownership of the land, concrete company and heavy equipment help control development costs. Concerns over issues such as traffic, environmental impact, and capacity will be evaluated during development review, and stated that unused acreage will remain as a buffer.

David Doward, MD, a resident of St. Croix strongly opposed the rezoning. Dr. Doward stated that while he supported housing and responsible development, the commercial rezoning of Beeston Hill is unnecessary and overbroad.  Dr. Doward noted that DPNR has recommended denial of the rezoning twice, and has identified multiple legal pathways that would allow the project, without converting residential land to B-2 commercial use.  Dr. Doward also voiced concern over the project’s unit mix, which seemed to prioritize rentals and short term rentals over home ownership and stated that the structure did not meaningfully advance stable housing opportunities for Virgin Islanders.  Dr. Doward also stated that rezoning the entire parcel will introduce long time uncertainty, as the designation allows over 200 uses, and leaves most of the land without clear development plans, and was in direct objection to the Comprehensive Land and Water Use Plan.

Senators present at today’s Committee of the Whole meeting included Milton E. Potter, Kenneth L. Gittens, Marvin A. Blyden, Angel L. Bolques, Jr., Dwayne M. DeGraff, Ray Fonseca, Novelle E. Francis, Jr., Alma Francis Heyliger, Hubert L. Frederick, Carla J. Joseph, Clifford A. Joseph, Sr., and Avery L. Lewis.

The Division of Public Affairs is committed to providing the community with accurate information on legislative proceedings and other events at the Legislature of the Virgin Islands. Visit legvi.org.

####