PRESCOTT – The Prescott Planning Commission meeting saw a full house at the Aug. 7 meeting. Bob Colson, representative of Cedar Corporation, who was hired in June 2022 to revise the zoning ordinance review, explained a hearing was being held to allow citizens the chance to comment on the proposed text and map amendments for the zoning ordinance. After Colson explained the procedure and timeline of the zoning ordinance reviews and tax and map amendments, the meeting opened to public comment.

Chris Most, who owns Great Rivers Development with his family, asked for clarification on the R4 zoning changes. As the zoning classification for his development is changing from R2 to R4, he asked for an updated list to see what the classification of R4 means.

City Administrator Matt Wolf said on the city’s website under “News,” people can find information on Chapter 635, including public notice and full changes.

Rick Murphy, owner of Cernohous Chevrolet, addressed the commission to discuss vehicle sales and service establishments moving from permitted use to conditional use.

“I think that’s kind of crazy,” he said, commenting Cernohous Chevrolet has been in business for 91 years and they can’t support that decision.

Mayor Robert Daugherty asked Murphy if he understood the reason why it’s being changed.

“I was explained why it’s being changed, in your opinion,” Murphy said. “But I still don’t think it’s a valid reason why we’re being brought into it as well.”

Wolf explained the planning commission discussed zoning changes for over six months and decided it didn’t want to only look at changing that to a C2 district; they wanted to look at the whole chapter. They wanted to be proactive and look at situations where there may be potential future problems or to correct existing problems, specifically looking at vehicle sales and parts being sold.

Wolf further remarked that Cernohous Chevrolet is the example they want everyone to meet; the city would welcome more businesses like Cernohous Chevrolet, but some others in the community do not meet the same standards in terms of a well-run business. He added that those businesses affect property values around them and the City of Prescott. Because of that, the plan commission looked at conditional use permits for vehicle sales so it would have the option to decide if it wanted to allow the business to carry the permit forward if it isn’t meeting the conditions of the permit.

“That’s my point exactly,” Murphy said. “We haven’t done anything wrong. You guys are saying somebody else might come in and do something wrong so therefore we’re going to make you a conditional use. We’re going to punish you because somebody else might come in down the road and do something wrong. There has to be a better way to do it.”

Plan Commission member David Hovel explained that with zoning, you can’t pick and choose who you will make follow the laws. He mentioned asking if the City of Prescott would be able to write a letter to grandfather in Cernohous Chevrolet.

Colson explained that with conditional use, if Cernohous Chevrolet doesn’t change their use then there would be no issues.

Murphy restated that he understood what they were saying, but he can’t support it.

“It seems like we’ve been there forever, we’ve been permitted forever and now you’re saying well, we don’t want businesses like you, is what you’re saying,” Murphy said. “You’re not leaving us as permitted anymore. It just seems like there could be problems and there’s really no advantage to us to go to this.”

He added that the City of Prescott would have the final say but they are against it.

Scott DeGross, representative of Victory Fireworks, spoke on his surprise to receive information from the city stating that two of their buildings could be seen as primarily storage because “they’re open such a small portion of the year.”

 “It’s pretty troublesome,” he remarked. “Are we a target of the city to be reclassified at some point?”

Directing his questions to the plan commission, he asked if anyone knew how many days they were open last year or how many employees they employ.

“Do you track how many days every other business is open?” DeGross asked. “It seems like a slippery slope.”

Pat Pechacek of St. Croix Terrace Mobile Home Park spoke up in agreement with Murphy regarding the C2 changes, saying if Murphy decides to make changes to his property in the future, he would need “to go through a lot more hoops than he would if he was not conditional use.”

Pechacek has been selling mobile homes since 1972 and said C2 zoning specifically points out that dealerships, mobile home and manufactured housing can be located there, including selling and repairs. He said he was informed this week that his business will no longer be considered C2 on Frontage Road, but will be mobile home district.

 “I’m open to discuss that,” he said.

He said he feels the city is pushing out businesses that have been in the city for decades. He voiced his frustration that being in the mobile home district states that you can’t have a dealership, so he would be in danger of not conforming which in turn hinders his licensing agreement. He worries that since he isn’t currently selling mobile homes, he could lose the ability to sell them in the future. 

“You guys are taking this opportunity away from me because this whole ambiguity of you stopped doing it for one year,” Pechacek said. “I’m really against this whole losing our ability to have a dealership up there and to have the facilities that we do up there.”

Adam Bauer, Welch, Minn., owner of the former JDL Woodworking building, said when he bought the property, he bought it with a view to change it. He expressed his frustration over having to apply for a conditional use permit.

“I felt like me stepping up to the plate and buying property in Prescott in the city would allow a person to run a business out of there without asking permission per se,” Bauer said.

When he first purchased the burned property, the city informed him he couldn’t put an industrial business there. He had to obtain a permit from the state, which took over six months, and now it’s being changed to a conditional use permit.

“I hate to say it, I feel like I’m going back to asking my mom to do something,” Bauer said.

He reiterated he doesn’t agree with the idea of having to obtain a conditional use permit for a business every year.

“Bob, do they have to get a permit every year?” Hovel asked.

“No, only if that was a stipulation put on by the city that you needed to come back with. But normally conditional use permits are not annual,” Colson answered.

Colson reiterated that normally conditional use permits go with the land once granted and unless terms are violated, they continue.

Rich Shiely stated his concern for St. Paul’s Lutheran Church, which is located within the zoning district. He asked if the church would have to get a conditional use permit.

“I’m concerned a little bit about the religious persecution that can happen,” Shiely said. “And I am also concerned about the fact that if we have another pandemic of some kind, some kind of medical issue, or some kind of climate issue, and the city decides the conditional use permits need to be subservient to those issues. How is that going to affect everybody’s businesses as well?”

He said it was not in the best interest of businesses to apply these types of changes so soon after the pandemic.

“Let’s hold steady,” he finished.

Mary Swanson, Prescott resident, asked for clarification on whether her development would go from multi-family zoning to single-family zoning. She said as a longtime resident, she feels that strong businesses are important to the community.

“The last thing we need to do is put in more restrictions, things that make us more anti-business,” Swanson said. “It has to be things that encourage business and encourage development and encourage growth and encourage more tax money.”

Plan Commission member Kate Otto asked Hovel to give clarity on and to share with residents the commission’s reasons for the C2 change.

Hovel explained that by changing to conditional use permits, they can prevent businesses from filling the city that detract from the city’s aesthetic appeal.

“Change happens whether you want it or not,” Hovel said, adding that the intent of this ordinance is to make the city look nice. He further stated that the commission can make a recommendation, but the city council makes the ultimate decision.

Hovel also said if they don’t approve the conditional use for highway commercial, then he wants to implement an ordinance that dictates standards for curbside appearance in a C2 zone, adding that the “tough thing” about curbside appearance is that it can be subjective.

Randy Murphy of Cernohous Chevrolet said working with a curbside appearance ordinance would be “a much better solution.” He said their business has sales and service agreements with the manufacturer and those can be affected by their permitted use status.

“For our business, it can impact it,” Randy Murphy said.

After hearing public comments, the plan commission, who were conflicted and not in agreement, approved the zoning revisions with the exception of the C2 conditional use permit. When Wolf reminded the commission on what items would be added back, Plan Commission member John Peterson abstained as Hovel shared his thoughts.

“I still want to change some of that but at this point I don’t want to pick and choose just yet,” Hovel said.  

The plan commission recommends approving the zoning changes apart from restoring all Principal Permitted Uses under 635-24 Highway Commercial District C-2. It would now read as:

1. Principal permitted uses. All principal permitted uses of the Central Commercial District, plus manufactured and mobile home service and sales vehicle and equipment sales and service establishments, warehousing, wholesaling and storage establishments.