Maison de Poincy Condo Association 4010 Beeston Hill Christiansted, VI 00820 September 11, 2025 Leia LaPlace-Ma hew Territorial Planner Department of Planning and Natural Resources Division of Comprehensive and Coastal Zone Planning 45 Mars Hill, Frederiksted, VI 00840-4474 Via email to: leia.laplace@dpnr.vi.gov Re: Questions regarding zoning application number CCZP0069-25 Dear Ms. LaPlace-Ma hew, We respec ully submit the following ques ons in advance of the September 15, 2025, public mee ng regarding the request to rezone Parcel 6a Beeston Hill (tax parcel 2-04800-0401-00) from R-1 (Residen al ʹ Low Density) to B-2 (Business ʹ Secondary/Neighborhood). Although the applicant now asserts the intent is solely to build housing, a B-2 designa on would authorize a wide range of commercial uses that far exceed residen al development. This discrepancy raises serious concerns for neighbors and the broader community, par cularly since the exis ng R-1 zoning already provides mul ple pathways to achieve substan al residen al development without the need for business zoning. In addi on, three factors heighten these concerns and merit careful considera on of applica on number CCZP0069-25: 1. Comparison of B-2 (Current) Request vs. B-3 (Original Request): The July 31, 2025, le er to the Honorable Milton E. Po er from Ms. Alicia Barnes, on behalf of her client A a Misbeh, stated that the applicant amended the request from B-3 to B-2 ͞to address concerns raised by the community.͟ However, according to 29 V.I.C. § 228, B-2 zoning permits 197 uses which is actually more uses than B-3 which permits 143 uses. The revised request therefore expands, rather than narrows, the scope of poten al land uses ʹ intensifying concerns about the true intent of the applica on, especially given the applicant͛s current statement to focus ͞exclusively on housing development.͟ Maison de Poincy Condo Association Ms. LaPlace-Ma hew September 11, 2025 DPNR Page 2 2. Consistency with USVI Zoning Law and the Comprehensive Land and Water Use Plan (CLWUP): The stated objec ves of the USVI Zoning Law (29 V.I.C. § 221) include alignment with a ͞comprehensive land use plan and policy.͟ On December 18, 2024, a er years of community engagement, the 35th Legislature adopted an updated dra of the Comprehensive Land and Water Use Plan (CLWUP). A central theme in the CLWUP, repeated in town halls and public feedback, is the rejec on of ͞spot zoning.͟ Rezoning Parcel 6a Beeston Hill to B-2 appears inconsistent with both the objec ves of the law and the principles established in the CLWUP. Some key notes on the CLWUP: On December 18, 2024, the 35th Legislature of the USVI adopted the dra CLWUP with 12 votes in favor, 2 absten ons, and 1 no vote ʹ there were zero votes against the CLWUP. The CLWUP was strategically developed over the course of mul ple years and with great e ort and immense community involvement from residents of all three islands. These mee ngs were well adver sed and a ended. Informa on and feedback from the public obtained during each round of in-person town hall working sessions and smaller virtual working group sessions was used to incrementally develop the CLWUP. The dra of the CLWUP adopted by the 35th Legislature included nal changes based on feedback from the June 2024 town hall mee ngs held on each island, the online survey that was up through the end of July 2024, and addi onal public comment submi ed during the comment period of October 24 ʹ December 5, 2024 (see h ps://www.planusvi.com/nal-dra -plan). 3. The Proper Tools Already Exist ʹ and the Legislature Has Recently Used One: DPNR͛s May 6, 2021, report (Pe on to Amend O cial Zoning Map No. SCZ-7, Applica on No. ZAC-21-3) iden es three exis ng mechanisms that allow development under the exis ng R-1 zoning: Subdivision, Group Dwelling, and Planned Area Development (PAD) (see a ached May 6, 2021, report). Of these, Subdivision and Group Dwelling applica on require only the approval of the DPNR Commissioner and do not involve the Legislature. The PAD process, authorized under exis ng code (29 V.I.C. § 232), provides tailored framework for mul -unit residen al development on Maison de Poincy Condo Association Ms. LaPlace-Ma hew September 11, 2025 DPNR Page 3 parcels zoned R-1. This mechanism allows a ached, group, or semi-detached dwellings under a legisla vely approved master plan, while preserving the underlying residen al zoning intent and neighborhood character. Importantly, the Legislature has recently demonstrated the proper applica on of this tool in Bill No. 36-0095, which approved a PAD overlay on R-2 land in Estate St. Joseph and Rosendahl, St. Thomas. That project ʹ The Residences at 340 North ʹ authorized 80 units of mul -dwelling and single-family homes under a carefully designed and legisla vely adopted PAD. This preserved land-use integrity while s ll mee ng housing needs. Opposed to B-2 Designa on and List of Ques ons for the September 15, 2025, Public Mee ng: Collec vely, the Maison de Poincy Condo Associa on is opposed to rezoning Parcel 6a Beeston Hill to a B-2 designa on, and we submit the following ques ons to be er understand the applica on. Specically, we seek clarity on why rezoning to B-2 is being pursued, when the current R-1 designa on appears su cient to support the applicant͛s stated housing development goals. We also include ques ons about the proposed project itself. While we remain commi ed to understanding the ra onale behind this request, the alterna ves readily available under R-1, and the details of the housing development, our opposi on to a B-2 rezoning remains rm. Understanding the Request for Zoning Change 1. The applica on and the July 31, 2025, le er to the Honorable Milton E. Po er from Ms. Alicia Barnes, on behalf of her client A a Misbeh, state that the proposal is exclusively focused on housing development. If the intent is housing only, why is the applicant reques ng rezoning from R-1 (Residen al ʹ Low Density) to B-2 (Business ʹ Secondary/Neighborhood)? 2. The applica on describes the proposal as ͞to construct and build townhouses for both rental and sale.͟ The term ͞townhouses͟ does not appear in the deni ons provided in 29 V.I.C. § 225. How is the applicant dening ͞townhouses?͟ Under what exis ng zoning category would such structures be regulated? 3. The current R-1 zoning designa on for 6a Beeston Hill permits two-family dwellings. Given that a two-family dwelling could reasonably fall within the applicant͛s deni on of ͞townhouse,͟ Maison de Poincy Condo Association Ms. LaPlace-Ma hew September 11, 2025 DPNR Page 4 what prevents the proposed construc on from proceeding under the exis ng R-1 zoning on the 15.94-acre parcel? 4. DPNR͛s May 6, 2021, report (Pe on to Amend O cial Zoning Map No. SCZ-7, Applica on No. ZAC-21-3), outlines op ons available under the current R-1 zoning (see a ached May 6, 2021 report). One op on is subdivision: approximately 31 lots of 0.5 acres each, with two dwelling units permi ed per lot, for a total of about 62 units. Why has the applicant not pursued this subdivision op on, which would allow substan al residen al development without a legisla ve zoning change? 5. The same DPNR May 6, 2021, report iden es a second op on: group dwelling permits, which allows clustered development and conserva on of sensi ve parts of the property, subject to detailed plans, public review, and DPNR approval. By this method, approximately 63 units could be constructed under the exis ng R-1 zoning. Why has the applicant not pursued a group dwelling permit instead of seeking legisla ve rezoning to B-2? 6. DPNR͛s May 6, 2021, report lists Planned Area Development (PAD) as a third op on. With this op on, detailed plans are provided by the applicant and nal approval is granted by the Legislature, without the need for broad rezoning. This mechanism could preserve the residen al integrity of Beeston Hill while allowing the applicant ͞to construct and build townhouses for both rental and sale.͟ As noted earlier, the Legislature has recently approved an applica on using this mechanism. Why has the applicant not pursued this readily available op on provided under exis ng code (29 V.I.C. § 232)? Understanding the Plans for Housing Development 7. What assessment has been conducted to conrm that exis ng public infrastructure ʹ par cularly water supply, sewage capacity, stormwater management, and road access ʹ can support the proposed housing development on this site? Has the applicant provided ndings, and will those ndings be made available to the public? 8. The eleva on di erence from the highest point of the 6a Beeston Hill vs. the lowest point is quite substan al. Renderings and approximate loca ons of structures were provided in the applica on. What considera on has been given to the topography, the si ng of the buildings, run-o , and a drainage plan? Maison de Poincy Condo Association Ms. LaPlace-Ma hew September 11, 2025 DPNR Page 5 9. Tra c in the area, speeding on Beeston Hill Road, and accidents that occur while entering and exi ng the Beeston Hill Road are common concerns voiced at each of our Homeowner Associa on Mee ngs. Has a tra c impact study been conducted to assess how addi onal housing units would a ect exis ng roadways in and around Beeston Hill? If so, please provide the ndings. 10. How many housing units are being proposed, and what is the an cipated density per acre compared to exis ng residen al development in Beeston Hill? 11. Ownership and Rental Structure (per the applica on, the applicant intends to ͞construct and build townhouses for both rental and sale.͟) a. What mix of ownership versus rental units is an cipated, and how will this a ect the long-term stability of the neighborhood? b. How will the ownership and rental por ons be integrated within the development ʹ will they be in separate clusters, or mixed throughout the project? c. For the rental units, will the applicant commit to long-term residen al leases rather than short-term/vaca on rentals, and how would that commitment be enforced? d. For the owned units, what mechanisms will be in place to prevent these units from opera ng as short-term vaca on rentals? For example, the Maison de Poincy Declara on of Covenants prohibits rentals of less than 30 days and homeowners are prohibited from providing tenants any services that can be considered hotel services. e. What mechanisms will be in place (e.g., homeowner͛s associa on, covenants, or deed restric ons) to ensure that the ownership component maintains long-term stability and does not transi on into predominantly rental units over me? 12. How does the applicant plan to manage and maintain common areas and infrastructure when both rental tenants and homeowners occupy the property? 13. Market Analysis & Housing Need Maison de Poincy Condo Association Ms. LaPlace-Ma hew September 11, 2025 DPNR Page 6 a. Has the applicant conducted any market analysis showing that a mix of ownership and rentals is appropriate or sustainable for St. Croix, and in par cular, for Beeston Hill? b. At what price points are the proposed housing units expected to be o ered for sale, and how does this compare to local income levels and a ordability standards? c. For the rental component, what is the an cipated range of monthly rents, and how does this align with current market demand for long-term residen al housing versus short- term/vaca on rentals? 14. What is the an cipated meline for development, and how will construc on ac vity a ect tra c, noise, and daily life for nearby residents during the building period? The Risk of Inconsistent Precedent Approving a B-2 rezoning for what is fundamentally a residen al housing project would not only undermine the established zoning map, but also sidestep the planning tools the Legislature created to balance housing demand with neighborhood protec on. Allowing such a change would set a dangerous precedent, enabling developers to bypass processes such as the PAD process and instead request broad commercial zoning, with poten ally irreversible consequences for adjacent homeowners and the broader community. These outcomes are inconsistent with the intent of Title 29 of the Virgin Islands Code and the recently adopted CLWUP. Request for Ac on Based on zoning applica on number CCZP0069-25, DPNR͛s May 6, 2021, report (Pe on to Amend O cial Zoning Map No. SCZ-7, Applica on No. ZAC-21-3), and the applicable Territorial rules, policies, and procedures, we respec ully request that DPNR recommend denial of the proposed rezoning to B-2 for Parcel 6a Beeston Hill. If the applicant͛s intent is limited to residen al development, they should pursue any of the three op ons outlined in DPNR͛s May 6, 2021 report (subdivision, a group dwelling permit, or a planned area development) or seek an appropriate residen al rezoning rather than a sweeping and incompa ble B-2 designa on. Protec ng the residen al integrity of Beeston Hill while mee ng our housing needs requires measured and transparent planning, not overbroad rezoning that invites future commercial encroachment. DEPARTMENT OF PLANNING AND NATURAL RESOURCES Report on Petition to Amend Official Zoning Map No. SCZ-7 Application No. ZAC-21-3 PROJECT PROFILE Owner/applicant: Acreage: Current Use: Proposed Use: Surrounding Uses/Zones: Infrastructure: Public Response: ZAC-21-3 REPORT ON ZONING MAP AMENDMENT Page 2 of 6 ZAC-21-3 REPORT ON ZONING MAP AMENDMENT Page 3 of 6 ZAC-21-3 REPORT ON ZONING MAP AMENDMENT Page 4 of 6 Analysis: ZAC-21-3 REPORT ON ZONING MAP AMENDMENT Page 5 of 6 5/6/2021