A proposed rezoning of 15.9 acres in Estate Beeston Hill on St. Croix that was vetoed by the governor in 2022 will be back for a public hearing before DPNR’s Division of Comprehensive and Coastal Zone Planning Monday — with a few tweaks.
Property owner Atta Misbeh is seeking to rezone the parcel from R-1, or residential low-density, to B-2, or business-secondary/neighborhood, to construct townhouses that would be for sale and for rent, according to the application.
Notably, Misbeh has eliminated a shopping center and restaurant that was included in the proposal three years ago that sought a zoning change from R-1 to B-3, or business-scattered. While the Department of Planning and Natural Resources had recommended against the change, citing issues like congestion and stormwater drainage, the Senate approved it in December 2022 after a contentious hearing, only to be vetoed by Gov. Albert Bryan Jr. the following month.
Explaining his decision, the governor said at the time that the Senate’s approval eroded people’s property values and their confidence in government to protect them, especially as the zoning change was added to the agenda as an addendum, against what DPNR was recommending. “Like, come on man,” he said in January 2023.
Misbeh’s agent, Alicia Barnes of Rittenhouse Consulting LLC, said in a July letter to Senate President Milton Potter regarding the new zoning request that the revised proposal addresses concerns raised by the community the last go-around. “We are now focusing exclusively on the housing development portion and have eliminated the proposed shopping center,” and switched from a B-3 to a B-2 zoning request. “We are confident that these changes address the primary concerns previously expressed by the public regarding the rezoning,” she wrote.
Neighbors, however, remain opposed.
As they did in 2022, when they gathered close to 1,000 signatures, they are again circulating a petition against the zoning change that is up for consideration Monday, even though it is seeking a B-2 designation and not a more commercial-intensive B-3 as before.
Their opposition is focused on disruptive spot zoning changes and the fact that a B-2 designation would still allow all manner of businesses to be built in the future on the land that borders established residential neighborhoods.
“If approved, this would open the door to commercial development such as grocery stores, restaurants, and more than 150 other specific businesses, that would forever change the green hillside and the residential character of the area,” according to the petition on change.org. “The primary goal of B-2 zoning is to create commercial centers that meet the everyday needs of residents. Beeston Hill is located within 10 mins of at least 8 commercial shopping areas so a new development area that would destroy a green hillside would be over development for the island.”
As one resident wrote on the petition site, “If the intent was to build condos the application would be for a rezoning from R1 to R2, but he did not do this. He applied for B2. If he is granted the rezoning of B2 he does not have to stay to the plan to build condos and could build anything he wants that falls under B2. This is a clear intent to deceive DPNR, the residents of St. Croix and the members of the Virgin Islands Senate.”
Furthermore, the rezoning request “contradicts the newly adopted Comprehensive Land & Water Use Plan and represents another example of harmful spot zoning. Commercial over development of Beeston Hill would strain infrastructure, increase traffic, and undermine the natural beauty that makes St. Croix so special,” the petition states. As of Friday morning, it had garnered 275 verified signatures.
The territory’s Comp Plan, as it is known, was adopted by the 35th Legislature in December and is intended to address the cycle of disjointed zoning amendments and uncoordinated projects that have often left communities frustrated.
Senators were particularly vocal about ensuring the plan addresses tangible infrastructure issues, such as outdated zoning laws and a permitting system that many residents say favors developers over long-term community well-being.
In the lead-up to the plan’s adoption, including multiple town halls seeking community input, residents expressed a desire to eliminate spot zoning practices and improve the transparency of land use decisions. In response, the plan proposes streamlined processes that prioritize fairness and equity while enabling economic growth.
Members of the public who would like to attend Monday’s hearing, which will be held virtually via Zoom at 2 p.m., must register with Territorial Planner Leia LaPlace by emailing her at leia.laplace@dpnr.vi.gov.
To request the rezoning application files, email LaPlace with the subject line “Application No. CCZP0069-25.”
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