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 April 24, 2024 Honorable Justa E. Encarnacion Commissioner Department of Health Charles Harwood Complex 3500 Est. Richmond Christiansted, VI 00820 Attention: Paul Ferreras, Project Manager Via email: paul@pfpe.pro ZONING CERTIFICATION - REMAINDER 11 ESTATE PENITENTIARY LAND Dear Commissioner Encarnacion, As per Title 29, Chapter 3, Subchapter 1, Section 228, Medical Laboratories are found in the Zoning Code under the category Laboratory and are permitted as a matter of right in the B-1, B-2, B-3, B-4, C, and P zoning districts. Emergency Medical Services or Ambulance Service is found in the Zoning Code under the category Service, Office & and is permitted as a matter of right in the I-2 zoning district. Based on the above existing zoning categories, the R-3 zoned Plot No. Remainder 11 Estate Penitentiary Land would not be permitted for the uses Medical Laboratory or Emergency Medical Services. Temporary zoning approval was granted December 28, 2022 using the category so that the CZM Federal Consistency process would not be held up. Coastal Zone Management, Earth Change, and Building Permits were issued; however, the Certificate of Occupancy cannot be issued until a zoning map amendment, as advised in the temporary approval, is granted by the Legislature. It was noted as part of the temporary approval that it is advised a zoning map amendment to the P-Public zoning district be petitioned where the Medical Laboratory can be permitted as a matter of right and the Emergency Medical Services be permitted as an accessory use to the Medical Laboratory. The uses cannot be permitted as an accessory use to as the site will not be operating as a Medical Clinic and is not located upon the same lot (Zoning lot or Lot of record) as the principal use (i.e. Medical Clinic). DPNR has taken some liberties in granting a temporary approval but a rezoning to the P-Public zoning district is required to be consistent with the law. Penitentiary Land- temporary approval update April 24, 2024 Page 2 of 2 If there are any further questions or concerns, please contact Leia LaPlace, Territorial Planner, Division of Comprehensive and Coastal Zone Planning (CCZP) at 340-773-1082 extension 2215 or leia.laplace@dpnr.vi.gov. Sincerely, Jean-Pierre L. Oriol Commissioner cc: Amanda Jackson-Acosta, Director, Division of Permits CCZP file