The V.I. Legislature Committee of the Whole heard three zoning applications Tuesday evening; a controversial botanical garden rezoning; a rezoning to allow an affordable housing development and a use variance for a planned St. John gas station.
Several neighbors vigorously opposed Klaus and Jackie Neuburger’s request to rezone the land where their botanical garden sits in Estate Crown and Hawk from R-1 (Residential-Low Density) to R-3 (Residential-Medium Density). The Neuburgers have allowed weddings and other gatherings at the gardens in the past, and want to improve and expand their facility, adding gift shops and some food and beverage service. But some of the business’ immediate neighbors said the weddings already cause disruptive noise and traffic problems. They were adamantly opposed to any expansion that might bring in much more business.
""Mr. and Mrs. Neuburger do not live there, they do not have to listen to the loud music and safari buses," said neighbor Chrystalia Petersen. "A quiet, peaceful piece of heaven will be turned into Klaus and Jackie Neuburger’s hell."
While more people opposed the plan, some testified in support. St. Thomas resident Davis Gumbs said he supports the rezoning request because there is a need for more tourist attractions.
Weddings and events are allowed under the current zoning and "are essential to a botanical garden," responded Klaus Neuburger.
"It doesn’t live on beauty alone; it has to have visitors," he said.
Stuart Smith, director of Comprehensive and Coastal Zone Planning at the Department of Planning and Natural Resources, said the CCZP was recommending the rezoning request be denied. Smith said the change would mean any future owners of the property could build a hotel, apartment complex, convention center or single family homes. While some occasional functions were acceptable, the increase in capacity, the addition of retail outlets and food service all expanded the business beyond what was acceptable for a quiet neighborhood with a botanical garden, he said.
Several senators suggested the Neuburgers try to work out an understanding with their neighbors and perhaps return and request a use variance rather than a rezoning.
DPNR recommended approving Guilderoy Sprauve’s request for a use variance to allow him to build a three-pump gas station in Estate Adrian, St. John. Plans call for double-walled above ground gas storage tanks, a store, automated self-service gas pumps and a small solar power system, Sprauve said.
DPNR also recommended approving a V.I. Housing Finance Authority request to rezone 57.2 acres in Estate Donoe, St. Thomas, from R-1 (Residential – Low Density) to S (Special). VIHFA wants the rezoning to build 60 affordable, single-family homes and 40 townhouses. Each home would have its own small sewage treatment aerator, similar too, but much better than the traditional septic tanks many properties have, said acting VIHFA Executive Director Adrienne Williams.
Meeting in committee of the whole, the Legislature cannot vote on a rezoning, only hear testimony. If a senator now sponsors any of the three rezoning and variance requests, it will be voted upon by the full Legislature when it meets in session.
