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Office of the Commissioner GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS --------0-------- DEPARTMENT OF PLANNING AND NATURAL RESOURCES 4611 Tutu Park Mall 45 Mars Hill, Frederiksted Suite 300, 2nd Floor St. Croix, VI 00840 St. Thomas, VI 00802 (340) 773-1082 (340) 774-3320 dpnr.vi.gov Report by the Division of Comprehensive and Coastal Zone Planning on the Petition to Amend Official Zoning Map No. STZ-9, Application No. CCZP0158-24 Petition of applicant, Najocki Boyd, to amend Parcel No. 19-1-2-4 Estate Smith Bay, Nos. 1, 2, & 3 East End Quarter, St. Thomas from R-1 (Residential-Low Density) to B-3 (Business-Scattered). The purpose of the request is a mixed-use development. Photo of current site condition- two-story residence under construction Property Owner(s): Najocki Boyd and Kit-Alia Freeman as per Warranty Deed dated November 27, 2018, Document No. 2018009631. Applicant Representative(s): Jennifer Jones, Esquire, and Najocki Boyd. Acreage: 1.022 acres as described on survey drawing D9-8277-T009. Surrounding Uses and Zones: To the north of the property is agricultural land, recently rezoned to B-3 (Parcel No. 19-1-2-8 Smith Bay), followed by commercial activity. To the east is agricultural land followed by residential activity. To the south is agricultural land followed by residential activity and to Recommendation Report for CCZP0158-24 the west is agricultural land, recently petitioned for B-3 zoning (Remainder Parcel No. 19-1-2 and Parcel No. 19-1-2-7 (Eastern and Western portions) Smith Bay), followed by the cemetery. MapGeo aerial view of property (marked in red) The surrounding area is zoned A-1 (Agricultural Zone), A-2, R-1 (Residential- Low Density), R-2 (Residential-Low Density-One and Two Family), R-3 (Residential-Medium Density), B-2 (Business-Secondary/Neighborhood), B-3, and C (Commercial) with 18 rezonings granted for this portion of Estate Smith Bay starting at Sugar Bay Resort and heading towards the Urman Victor Fredericks Marine Terminal (Red Hook Ferry Dock) (detailed in the table below). Plot No. Year rezoned Original zone Rezoned to Act No. 19D 1975 A-1 R-2 3736 17B 1986 A-1 B-2 5238 19-2 1991 A-1 VARIANCE 5698 17C, 17D, & 17E 2005 A-1 C 6806 19-2-149-4 2007 A-1 B-2 W/ VAR 6908 19F Rem 2007 A-1 B-2 W/ VAR 6975 19-1-2 Rem (west), 19- 1-2 Rem (east), & 19-1- 2-2 2011 A-1 A-2 7253 19-1-2-3 2011 A-1 R-2 7253 19-1-2-4 2011 A-1 R-1 7253 Recommendation Report for CCZP0158-24 19-1-1 2012 A-1 R-2 7363 19F-1-A 2012 A-1 R-3 7466 17 2013 A-1 B-2 7576 17 Rem 2013 A-1 R-3 7576 19-2-101 & 19-2-102 2016 A-1 W/ VAR VARIANCE 7970 19-2-104 2020 A-1 W/ VAR R-3 8286 19F-1 Rem 2022 A-1 C W/ VAR 8695 19N Rem 2022 A-1 R-3 8695 19-1-2-8 2024 A-2 B-3 8886 Official Zoning Map No. STZ-9 (property location indicated by red X) Infrastructure: Water needs are proposed to be supplied by public water lines, wells, and cistern. Sewage is proposed to be handled by on-site sewage treatment. Other needed DPNR Division reviews: A Flora and Fauna Study and Phase I Cultural Resources Survey will need to be conducted and reviewed by the Divisions of Fish and Wildlife and Virgin Islands State Historic Preservation Office, respectively. Development of the property would require a Stormwater Pollution Prevention Plan from the Division of Environmental Protection. Project Summary: At DPNR-CCZP’s public hearing, Attorney Jennifer Jones testified that the owners’ intent is to develop a mixed-use development consisting Recommendation Report for CCZP0158-24 of 28 residential units (mainly long-term rentals with some short-term rentals) and nine commercial units (general offices, daycare, laundromat, mailbox rental, beauty salon/barber shop, and/or self-storage units). Six buildings, up to three stories, are proposed. Each building would be a phase, taking approximately 18 months for each building to be completed. Completely built out, the development could take 6+ years. The residential units will be approximately 1200-1500 square feet with the intent to have affordable/market-rate housing with possible government incentives pursued. Conceptual Site Plan Layout Public Response at DPNR-CCZP Public Hearing held December 16, 2024: There was no opposition or concerns expressed with the proposal. There was one support letter received. Analysis of Request/Reason for Recommendation: This eastern section of Estate Smith Bay, heading towards Red Hook, was originally zoned A-1. The A- 1 zoning requires a minimum of 40 acres and was intended for large acreage agricultural use. When the zoning was adopted in 1972, it was to ensure that lands previously used for farming would maintain their highest and best use. Large acreage agricultural use ended over fifteen years ago in Estate Smith Bay and the surrounding area has had 18 zoning map amendments and two pending zoning map amendment requests. As indicated in the rezoning table previously viewed, a shift from large-scale agriculture to a mix of residential, business, and Recommendation Report for CCZP0158-24 commercial uses has been deemed acceptable by the government, as well as neighboring property owners. Rezonings have now resulted in ten A-2 zoned lots remaining in Estate Smith Bay. There are five substandard original A-1 zoned lots remaining in Smith Bay (the cemetery and undeveloped lots owned by the Virgin Islands Housing Finance Authority). The subject property was previously part of a zoning map amendment (Act 7253) and rezoned to R-1. The area has grown into a mixed-use corridor heading towards the Urman Victor Fredericks Marine Terminal (Red Hook Ferry Dock) and after analyzing the applicant’s request and the mix of surrounding uses and zones, the department recommends approval of the rezoning request. The requested zone is in line with what has been granted in the past and the proposed development would not be out of character with the surrounding area. Recommendation The Department of Planning and Natural Resources recommends the following: Pursuant to Title 29 Virgin Islands Code, Chapter 3, Section 238, Official Zoning Map No. STZ-9 for the island of St. Thoms be amended by changing the zoning designation of Parcel No. 19-1-2-4 Estate Smith Bay, Nos. 1, 2, & 3 East End Quarter, St. Thomas, consisting of 1.022 U.S. acres as described on survey drawing D9-8277-T009 from R-1 (Residential-Low Density) to B-3 (Business Scattered) with a use variance for Warehouse & Storage Services (General). ______________________________ ________________________ Jean-Pierre L. Oriol Date Commissioner Cc: Louis E. Petersen, Jr. Ph.D., Commissioner, Department of Agriculture 24-Dec-2024