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HomeMy WebLinkAbout2013-06-04CITY OF COLUMBIA HEIGHTS 590 - 401' Avenue NE, Columbia lleights, MN 55421 -3978 (763) 706 -3600 TDD (763) 706 -3692 Visit aa• rvebsilu ap rvrvm ci.co /unrbin- Ne % /rer.nur.ns MEMBERS: Marlaine Szurek, Chair Rob Fiorendino Chris Little Tracey Kinney Keith Roberts PLANNING AND ZONING COMMISSION MEETING 7:00 PM TUESDAY, JUNE 4, 2013 CITY HALL COUNCIL CHAMBERS 590 - 40TH AVENUE NE 1. Roll Call Minutes May 7, 2013 meeting 2. Public Hearings: Case #2013 -0601, Variance to the minimum floor area City of Columbia Heights EDA 44215"' Street Case 42013 -0602, Ordinance Amendment Section 9.106(D)(b) City of Columbia Heights 3. New Business Request for Special Meeting Renaissance Fireworks 4, Other Business 5. Adjourn The Responsibility of the Planning Commission is to: • Faithftdly serve the public interest. • Represent existing and future residents, and base our decisions and recommendations on the Comprehensive Plan and Zoning Ordinance. • Recognize the rights of citizens to participate in planning decisions. • Protect the natural environment and the heritage of the built environment. • Exercise fair, honest, and independent judgment. • Abstain from participation when they may directly or indirectly benefit from a planning decision. PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MAY 7, 2013 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Kinney, Roberts, and Szurek Members Absent- Fiorendino Also present were Sheila Cartney (Asst. Community Development Director), and Shelley Hanson (Secretary) and Gary Peterson (Council Liaison). Motion by Kinney, seconded by Roberts, to approve the minutes from the meeting of March 5, 2013. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2013 -0501 APPLICANT: First Lutheran Church LOCATION: 1555 40'x' Avenue NE REQUEST: Conditional Use Permit for School Cartney explained that at this time First Lutheran Church is requesting a CUP per Code Section 9.109 (3)(c) to allow a Charter School in the R -1 Zoning District. The church will continue their operations as usual. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for Religious Institution. A school inside a religious institution meets the spirit and intent of the Comprehensive Plan. ZONING ORDINANCE The property located at 1555 — 40`x' Avenue NE is zoned R -1, Single Family Residential, as are the properties to north, east and west. The properties to the south are zoned R -2A, One and Two family residential and Park and Open Space. Schools are permitted as a Conditional Use Residential Districts. PROPOSAL The applicant is proposing to add a charter school to their location. If approved the school will start out with three kindergarten classes of 66 students (22 students in each class) then increase each year by 66 students until 2015 when they will have 3 kindergarten classes, 3 first grade classes and 3 second grade classes (198 students) using 9 or 10 classrooms. First Lutheran Church was originally Silver Lake Elementary school and is designed for a school use. There are 206 parking stalls available at the site. Adding of the new school only require 23 stalls which can P & Z Minutes Page 2 May 7, 2013 be accommodated by the parking lot. The church and the school will share the choir room, gym, and Martin Luther Hall. School will be in session from August 15 through June 15°i. Cartney told members they meet all required conditions. FINDINGS OF FACT Section 9.104 (11) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Schools, public or private, K -12 are specifically listed as a Conditional Use in the R -1, Single Family District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area far Religious Institution. The proposed use is not changing the current use, rather just adding to it. A church and school are both in harmony and meet the general intent of the Comp Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use as a school will not impose hazards or disturbing influences on neighboring properties. The subject property was originally built as a school. There is more than enough room at the church to accommodate the schools classroom needs and parking needs. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by adding a small charter school to the church. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. There will be no physical changes to the appearance of the existing building to accommodate the school. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. P & Z Minutes Page 3 May 7, 2013 (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. As stated before the original use of the subject site was for a school, at which time the parking was built appropriately. One performance standard for a school is that the school be served by a major collector or higher classification roadway, 40'h Avenue meets this requirement. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. Considering the church was previously a school there should be no negative cumulative effect. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. Staff recommends approval of the proposed CUP for a school located at 1555 40`x' Ave NE. Questions from members: Roberts asked if the size of the classrooms meet State guidelines. He said there is a minimum square footage for each classroom established by the State. Cartney stated they should meet all standards since this building was originally a public school. Public Hearing Opened: A member asked the representatives what type of Charter School this would be. Rick Campion from Prodeo Academy stated the focus will be on early literacy to close the achievement gap. Kathy Ehlers, 4010 Hayes St -said this is an older building so she questioned whether asbestos remediation has been done to ensure the safety of the students. The representative from First Lutheran Church said that it has been done. Ms. Ehlers then asked if all the classrooms would be on ground level so safety existing is met. Again, the church representative said that the classrooms are at ground level on one side and it is a two story level on the other, but all existing is approved. Ms. Ehlers asked how much vehicle traffic they expect each day. Mr. Campion stated the students would be bussed to the site and there would be three teachers on site each day, so the traffic should be minimal. P & Z Minutes Page 4 May 7, 2013 Ms. Ehlers wondered why this was the first anyone in the neighborhood heard of this plan. She said she thought the church should have notified area residents of the plan and held some type of an informational meeting even if it was just for good public relations. Cartney said she can't address the Church Council's decision regarding this matter, but they meet the necessary legal requirements of notification by going through this process whereby all residents within 350 feet were notified and allowed to express their opinions at this Public Hearing. Public Hearing was closed. Motion by Kinney, seconded by Little, that the Planning Commission recommends the City Council approve the Conditional Use Permit for a school located at 1555 40 °i Avenue subject to certain conditions of'approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of' the Zoning and Development Ordinance, including: 1. The number of classrooms is limited to 10 2. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives All ayes. MOTION PASSED. The following Resolution will go to the City Council May 13, 2013 RESOLUTION NO. 2013-30 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FIRST LUTHERAN CHURCH TO ALLOW A CHARTER SCHOOL AT 1555 40Ta AVENUE NE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #201 -0501) has been submitted by First Lutheran Church to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 1555 —40 °i Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (3)(c), to allow a school, public or private, K -12 in the R -1 Single Family Residential District for the property located at 1555 40 °i Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 7, 2013; P & Z Minutes Page 5 May 7, 2013 WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of tire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia I- (eights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one CI) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The number of classrooms is limited to 10 2. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. Passed this 13 °i day of May, 2013 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest Tori Leonardt City Clerk P & Z Minutes Page 6 May 7, 2013 . Cartney told members that based on the recommendation of the EDA Board the City will be initiating a variance request and an Ordinance amendment to the Planning & Zoning Commission at the June meeting. Both these requests will address the minimum size of homes when built on small lots, like those in the scattered site district and the lots being marketed by Anoka County. Based on the fact that a 2 car garage is also required, it becomes difficult to also place a larger home on the lots. The suggestion is to change the Ordinance to address the amount of finished square footage in the home rather than the square footage of the footprint. This would allow the footprint size to be reduced. The Ordinance amendment will take some time to complete, so the variance will be necessary for the builder to begin construction of the first model home on one of the City lots being re- developed. The meeting was adjourned at 7:14 pm. Respectfully submitted, Shelley Hanson Secretary .. CASE NUMBER: 2013 -0601 DATE: June 4, 2013 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights EDA LOCATION: 4421 5th Street NE REQUEST: Variance PREPARED BY: Sheila Cartney, Assistant Community Development Dir. INTRODUCTION At this time, the applicant (the City) is requesting a variance to the minimum floor area requirement on the main floor of 960 square feet for a two story dwelling. The subject property is part of the City's Scattered Site program and has been approved by the Economic Development Authority (EDA) for a model home. The model homes that have been approved for the Scattered Site program are two -story homes with three bedrooms and two baths. The particular model home for this subject lot has a main floor area of 581 square feet with a finished area of 1,169 square feet. ZONING ORDINANCE Code Section 9.106 (D)(b) requires one and one -half and two story dwellings shall have a minimum floor area of 960 square feet on the main floor, plus 120 square feet for each additional bedroom over two. CONSIDERATIONS. For the scattered site program the EDA has selected one builder and two model homes for 11 lots. The two model homes are two -story homes with a main floor area less than 960 square feet. The majority of the scattered site lots are 5,160 square feet or less limiting the type and size of house that can be built. In almost all cases the required two - car garage will have to be detached (as with the subject lot) setbacks just cannot be met with attached garages and floor area ratio requirements. The builder and the EDA have chosen to build primarily two -story dwellings on these lots to maximize the green space while providing a desirable home with three bedrooms and two baths, which is severely lacking in Columbia Heights. City of Columbia Heights Plan 4421 5t" Street - Variance Commission January 2, 2013 Case # 2013 -0601 The intent of this code is to achieve a total square footage of space, as evidenced with a split entry/level home, no minimum main floor area required, but simply a 1,020 square foot aggregate floor area is required. COMPREHENSIVE PLAN The Comprehensive Plan designates the subject lot as low density residential. A single family home is consistent with this designation. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. The lot is 5,160 square feet and 40 feet wide which is limiting to the size and style of house that can be built. A two -story home maximizes the space while allowing some green space for a yard. Adhering strictly to the requirement of a main floor area ratio of 960 square feet would be difficult in designing a two -story home while maintaining open space and lot coverage requirements. Allowing a two -story home on this lot allows for more finished area. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The subject site is part of the City's Scattered Site Program. New construction and these small lots are severely limited to a small portion of properties in the city. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. As written the ordinance does not take into consideration the challenges of a 40 foot wide lot and the challenges of designing a house and required two car garage to fit while meeting setbacks and lot coverage requirements. If a two -story house was built with the minimum main floor area of 960 square feet the total finished area would be 1, 920 square feet which would be over building in many neighborhoods in Columbia Heights. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. Page 2 City of Columbia Heights Pla 4421 5th Street - Variance Commission January 2, 2013 Case # 2013 -0601 The granting of the variance would be in harmony with the general purpose and intent of the comprehensive plan. The comp plan designates this property as single family residential and that is what is proposed to be built. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variances should not be materially detrimental to the public welfare or the use of the properties in the vicinity. The variance requests will have conditions imposed on them to help ensure this. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the variance to allow a main floor area of 581 square feet than the minimum requirement per Code Section 9.106 (D)(b) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The above grade minimum floor area shall be 1,162 square feet. ATTACHMENTS • Draft Resolution • Location Map • Site Plan Page 3 RESOLUTION NO. 2013-34 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR 44215"' STREET WHEREAS, a proposal (Case # 2013 -34) has been submitted by the City of Columbia Heights to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4421 5 °i Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 379 - square foot area variance to main floor area for a two -story dwelling per Code Section 9.106 (D)(b). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December June 4, 2013; WIIEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in it reasonable mariner not permitted by the zoning ordinance. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. Resolution No. 2013 -34 FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The above grade minimum floor area shall be 1,162 square feet. Passed this 10th day of June, 2013 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Tori Leonhardt, City Clerk Z<00 WE v " 7 Iq FI]-, 01 11 MIR-, o N w A iT Affili— i 7$101 , I I- c . 0 . 92,2 b �t2 1�2 61". 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LO a) OR (-i OOZ 2"E OCZ ®D zzz �� J e�z vim, w u. 51h St NE 40' Alley 3 w 0 N Ul A Proposed house $ 4421 8 24' Timbercraft Homes Proposed constuction 4421 5th St. NE Columbia Heights, MN ou Scale 1 "= 15' Existing Garage Alley 3 w 0 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2013 -0602 DATE: June 4, 2013 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for minimum floor area of one and one -half and two story dwelling PREPARED BY: Sheila Cartney, Assistant Community Development Director INTRODUCTION In May 2013 the Economic Development Authority (EDA) finalized contracts to list and sell 12 scattered site lots and build with Timbercraft Homes. The majority of the scattered site lots are 5,160 square feet (40' wide lots). Timbercraft has presented the EDA with two model home styles for buyers to choose from both two -story homes. The models have a main floor area of 581 square feet (1,169sq.ft finished) and 597 square feet main floor area (1,197sq.ft. finished) both with unfinished basements. City Ordinance requires a one and one -half and two story dwellings to have a minimum floor area of 960 square feet on the main floor, plus 120 square feet for each additional bedroom over two. At the EDA meeting the representative from Timbercraft Homes explained that with these narrow lots it is hard to build a home with a large horizontal footprint that takes up the majority of the lot, it is more advantageous to build vertically to preserve what little open space there is. He also indicated that the model homes are minimums and if a buyer wanted a larger home they could build it if it fits within the parameters of the code, which could be accommodated on a few of the lots. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to "Advocate housing efforts that attract and retain residents, especially young families." An implementation strategy listed is to seek first time homebuyers for purchase of city owned property. Another goal listed is to "Preserve and reinvest in the housing stock to protect values and investment in the city." The Scattered site program obtains these goals by providing affordable "starter" homes and reinvesting in neighborhoods. of Columbia Heights Planning Commission City of Columbia Heights, Floor Area Ratio FINDINGS OF FACT June 4, 2013 Case # 2013 -0602 Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to `Advocate housing efforts that attract and retain residents, especially young families. "An implementation strategy listed is to seek first time homebuyers for purchase of city owned property. Another goal listed is to "Preserve and reinvest in the housing stock to protect values and investment in the city. "The Scattered site program obtains these goals by providing affordable "starter" homes and reinvesting in neighborhoods. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would apply to all one and one -half and two -story dwellings throughout the City. 3. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of particularproperty. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particularproperty. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the proposed zoning amendment. Attachments Y Draft zoning ordinance Page 2 DRAFT ORDINANCE NO. 1612 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO FLOOR AREA REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (D) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (D) Dwellings (2)Roor area requirements. The following floor area requirements shall apply to all dwelling units within the city: (b) on,- and e One -half and two story dwellings shall have a minimum floor area of 960 550 square feet on the main floor, plus 120 square feet for each additional bed}eem- ever two with a total above grade minimum floor area of 1,020 square feet. Section 2: This Ordinance shall be in full force and effect from and after 30 days after its passage. First reading: June 10, 2013 Second reading: June 24, 2013 Date of passage: Offered by: Seconded by: Roll call: Mayor Gary Peterson Tori Leonhardt, City Clerk Mayor: Gary L. Peterson Coaneilmembers: Bruce Nawrocki Bobby Williams Tanmicra Diehm Donna Schmitt City Manager Walter R, Fehst COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT DEPARTMENT DATE: May 30, 2013 TO: Planning and Zoning Commission FROM: Sheila Cartney, Assistant Community Development Director RE: New Business: Special Meeting Request Renaissance Fireworks applied for an Interim Use Permit (IUP) on May 23, 2013, the deadline for applications was May 6, 2013. Since they made application on May 23r`I it was too late to make it in the newspaper for the Public Hearing notice and are not able to make it on the June 4tl' Agenda; therefore they are requesting a special meeting for their public hearing. If they waited until the next public hearing it would be on July 2, 2013 two days before the 4t" of July event making their sales event only two days. They have had IUP's in the city for the past 8 years in the same locations (4005 Central & 4300 Central). If the Planning and Zoning Commission were to hold a Special meeting it could be scheduled for June 18, 2013 (if you want it on a Tuesday) allowing for the notice to go to the paper this week, and be published on June 131" and time for notices to go to the neighbors. If the Planning and Zoning Commission agrees to the special meeting the action is to call a public hearing for June 18, 2013 at 7:OOpm (or a date and time of your choosing). Serenity Venture Group Renaissance Fireworks Inc. 1625 County Highway 10 Suite D Spring Lake Park Mn 55432 218 - JULY -4TH City of Columbia Heights, Renaissance Fireworks Inc would like to request a Special Planning and Zoning meeting for our two firework tent locations at 4300 Central Ave and Columbia Heights Center 40th and Central. Thank you, Krissy Allex krissyPrenaissancefireworks.com Cell: 651- 497 -1364