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Recommendation Report CCZP0085-25 1.16.26

Collection
Hearing Records
Sub-shelf
Zoning
Kind
Hearing Record
Entity
Legislature of the Virgin Islands
Date
2005
Type
Bill No. 36-0266__CCZP0085-25 15 Est Susannaberg
Pages
9
Text
Native Text
Identifiers
Bill No. 36-0266__CCZP0085-25 15 Est Susannaberg, Act 7082

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. SJZ-1, Application No. CCZP0085-25 Petition of applicant, Ronnie Jones/Susannaberg LLC, to amend Parcel No. 15 Estate Susannaberg, No. 17A Cruz Bay Quarter, St. John from R-4 (Residential- Medium Density) to R-3 (Residential-Medium Density) zoning to develop a hotel/guesthouse. MapGeo aerial view of property (marked in yellow) Property Owner(s): Susannaberg, LLC as per Warranty Deed dated June 29, 2005, Document No. 2005007620. Applicant Representative(s): Ronnie Jones, manager and Kurt Marsh, Jr., architect. Acreage: 2.967 acres as described on survey Drawing No. A9-591-T002. Surrounding Uses and Zones: Surrounding the property to the north and west is National Park land. …

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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. SJZ-1, Application No. CCZP0085-25 Petition of applicant, Ronnie Jones/Susannaberg LLC, to amend Parcel No. 15 Estate Susannaberg, No. 17A Cruz Bay Quarter, St. John from R-4 (Residential- Medium Density) to R-3 (Residential-Medium Density) zoning to develop a hotel/guesthouse. MapGeo aerial view of property (marked in yellow) Property Owner(s): Susannaberg, LLC as per Warranty Deed dated June 29, 2005, Document No. 2005007620. Applicant Representative(s): Ronnie Jones, manager and Kurt Marsh, Jr., architect. Acreage: 2.967 acres as described on survey Drawing No. A9-591-T002. Surrounding Uses and Zones: Surrounding the property to the north and west is National Park land. To the east and south are residential lots. Recommendation Report for CCZP0085-25 MapGeo aerial view of property (marked in red) There have been nine rezonings in Estate Susannaberg (table with details below). Original zonings are R-1 (Residential-Low Density), R-2 (Residential- Low Density-One and Two Family) and P-Public. Parcel No. Year rezoned Original Zone Rezoned to Act No. 3C 1997 R-2 C 6145 6 REM 2022 R-2 P 8608 6A 2024 R-2 P 8849 9 1976 R-1 B-4 3811 12 2022 P R-3 8574 15 2009 R-1 R-4 7082 25 REM & 25B 2024 R-1 R-3 8882 28 2013 R-1 B-4 W/ USE VARIANCE 7577 29 2016 R-1 B-2 7974 Recommendation Report for CCZP0085-25 Official Zoning Map No. SJZ-1 (property s location indicated by red X) Infrastructure: Water needs will be provided by cisterns. Sewage will be handled by a wastewater treatment plant. Other needed DPNR Division reviews: None. Project Summary: At DPNR- onnie Jones testified a 2008 attempt was made to rezone the property to construct six dwelling units. The rezoning was granted for R-4 zoning by Act No. 7082. The project did not come to fruition due to the death of his business partner. The site has been used as a campground. The current proposal is for the phased construction of a 48-room hotel/guesthouse that would be phased. The first phase would be development of the public spaces; restaurant, event space, spa, gym, pool, and 42 parking spaces. The second phase would be the first set of guest rooms. The third phase would be the final set of guest rooms and landscaping. A total of six buildings are proposed with a maximum height of three stories. Recommendation Report for CCZP0085-25 The proposal includes 12 ADA accessible guest rooms, two ADA accessible parking spaces, and possibly green roofs. Timeline for completion is to be determined. Conceptual site plan layout Public Response at DPNR-CCZP Public Hearing held November 25, 2025: There were two commenters and three post-hearing emails/letters submitted for the file. Questions, comments, concerns, and opposition posed by attendees were are attached as an appendix to this Recommendation Report for CCZP0085-25 report (File item 19. Applicant Response to Public Comments). They were generally of the nature of: 1. Public hearings development details and the difference between the requested R-3 zone versus the current R-4 zone. 2. Objection in part because of unauthorized widening of access road to Parcel 15, encroaching on parcels. 3. Objection: systemic issues and negative impacts on island and St. John moratorium needed on all rezonings and variances. a. Broken Promises and Exploitation i. Rezoning requests often promise community benefits but results in: 1. Parcels sold to developers for profit. 2. Unchecked development that disrupts residential areas. ii. Original zoning maps were designed to prevent spot rezonings and maintain continuity, but this framework is being eroded. b. Examples of Negative Outcomes i. Adrian (Parcel 5C): Rezoning led to Midway Grocery evolving into a gas station, food truck, outdoor bar, restaurant, and nightclub. Resulted in noise pollution, light pollution, and traffic hazards. ii. Other areas: 1. Susannaberg: Promised organic farms but turned into bars and concert venues. 2. Contant: Rezoned for middle-income condos but sold to luxury timeshare developers. 3. Gifft Hill: Variance for worker housing resulted in unsafe stacked shipping container housing. 4. Wharfside Village & Dolphin Market: Hotels built without ADA compliance, fire safety, or proper permits. c. Nonconforming Uses and Lack of Enforcement i. Widespread illegal or unpermitted uses on R-1 and R-2 parcels: 1. Restaurants, bars, car repair shops, boat storage, laundromats, heavy equipment yards. 2. Multi-apartment buildings without permits. 3. Residences operating as hotels. Recommendation Report for CCZP0085-25 ii. DPNR lacks control and oversight, allowing unsafe and environmentally damaging practices. d. Call for Action. i. Before approving any new rezonings, DPNR should: 1. Address decades of uncontrolled and illegal development. 2. Enforce existing codes and correct violations. ii. Continuing to approve rezonings perpetuates harm to the iii. recommend against rezoning Parcel 15 for any use beyond what is currently allowed. 4. Supports rezoning conditionally, requesting three key requirements: a. 15-foot setback i. The site plan presented on November 25, 2025, public hearing condition. ii. Current zoning rules reduce setbacks for higher-density zones but given proximity to National Park lands and R-1 parcels, setbacks are critical. iii. An unpermitted structure previously straddled the property line and there are ongoing encroachment issues (land clearing, tenant activities like auto-wrecking and storage beyond property boundaries). b. Height limitation i. Requests a maximum three-story condition, consistent with -3 allowances. ii. The six-story maximum permitted under R-3 would be out of character for the area and negatively impact viewsheds. iii. Architect made statement about terraced, low-impact design. c. Stormwater and waste management i. Require condition for installation of a fence and surface water berm along the zoning boundary to prevent contamination of a sensitive gut (natural drainage area) on adjacent property. ii. Concerned about erosion, sedimentation, and trash from adjacent auto wrecking operations. iii. Cited Virgin Islands Code (Title 29, Section 230) requiring parking areas to prevent drainage onto adjoining properties. d. Additional Points Recommendation Report for CCZP0085-25 i. Supports rezoning only if the three conditions are imposed to protect health, safety, and welfare. ii. Notes that the parcel should revert to R-1 if construction does not begin within 36 months after permits, per Section 238 (c) of the Zoning Code. iii. Mentions historical context: R-4 designation was approved in 2006 for a six-unit dwelling but was never built. Analysis of Request/Reason for Recommendation: The request is for a switch between the two residential medium density zonings, due to the differences in the Table of Permitted Uses and Development Provisions of the R-3 and R-4 zones. The R-3 zone has a more permissive Table of Permitted Uses but more restrictive development provisions when compared to the R-4 zone. Comparison of the R-3 and R-4 zones (Uses and Development Provisions) R-3 R-4 Table of Permitted Uses 38 Uses permitted as a matter of right. 15 Uses permitted subject to conditions. 31 Accessory uses permitted subject to conditions. Wireless Facilities subject to Rules and Regulations 23 Uses permitted as a matter of right. 12 Uses permitted subject to conditions. Wireless Facilities subject to Rules and Regulations Residential Density (persons per acre) 80 120 Max. Lot Occupancy/Coverage 30% for all principal residential structures 50% for all principal structures Min. Lot Width No Requirement 40 feet Max. Height in stories 6 3 Usable open space 35% No requirement Min. Lot Area 6,000 sq ft 3,000 sq ft Neither zone has setback requirements. The R-3 would create less environmental and site impact due to the more restrictive development provisions. The R-4 zone is most often found in the town areas where there is little green space on small lots and greater density. The R-3 and R-4 zones: Recommendation Report for CCZP0085-25 R-3 R-4 Proposed Uses of Hotel/guesthouse, restaurant, event space, spa, gym, & pool Permitted hotel, event space, & pool with the other uses as accessory subject to conditions Pools permitted as a matter of right. Gym and event space permitted subject to conditions. All other uses would not be permitted. Residential Density (48 room hotel/guest house= 72 persons per acre) 2.967 ac. X 80= 238 persons 2.967 ac. X 120= 357 persons Max. Lot Occupancy/Coverage 30% for all principal residential structures or 38,772.756 sq ft. 50% for all principal structures or 64,621.26 sq ft. Max. Height in stories 6 permitted but 3 proposed 3 Usable open space 35% or 45,234.882 sq ft. green space No requirement for green space Property satisfies the Minimum lot width and Minimum lot area requirements. R-3 zone would be more restrictive in all categories except for the maximum height limitation. In the 2024 Comprehensive Land and Water Use Plan, A Plan for St. John section notes that some community members expressed interest in seeing the Susannaberg/Centerline Road area continue to evolve into a new mid-island mixed-use center. In Actions for St. John, it was noted for Centerline that options be explored for zoning reform that will help make it easier to provide needed -use, mid- pedestrian access. One strategy could be to tailor the zones to each island rather than a blanket Table of Permitted Uses and Development Provisions. Recommendation Report for CCZP0085-25 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. SJZ-1 for the island of St. John be amended by changing the zoning designation of Parcel No. 15 Estate Susannaberg, No. 17A Cruz Bay Quarter, St. John consisting of 2.967 acres as described on survey Drawing No. A9-591- T002, from R-4 (Residential-Medium Density) to R-3 (Residential-Medium Density). ______________________________ ________________________ Jozette J. Walker, CPM Date Assistant Commissioner Cc: Jean-Pierre L. Oriol, Commissioner 1.16.2026