Ord 33-99 PULLED FROM AGENDA AUGUST 17, 1999
ORDINANCE NO. 33-99
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLOR. IDA, REZONING AND PLACING LAND PRESENTLY ZONED R-I-
A (SINGLE FAMILY RESIDENTIAL) DISTRICT, IN PART, AND GC (GENERAL
COMMERCIAL) DISTRICT, IN PART, IN THE CF (COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF N.W. 3RD
AVENUE, BETWEEN WEST ATLANTIC AVENUE AND N.W. 1sT STREET, AS
THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, as being zoned R-1-A (Single Family Residential) District, in part,
and GC (General Commercial) District, in part; and
WHEREAS, at its meeting of August 16, 1999, the Planning and Zoning Board for the City of Delray
Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the
property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be,
and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for
the following described property:
The East 20 feet of Lot 1 (less the South 8 feet thereof, and the East 20 feet of Lots 2
thru 12, inclusive, Revised Plat of Block 36, Town of Delray as recorded in Plat
Book 5 at Page 38 of the Public Records of Palm Beach County, Florida.
The subject property is located on the west side of N.W. 3rd Avenue between
Atlantic Avenue and N.W. 1 st Street; containing 0.20 acre, more or less.
Section 2. That the Planning Director of said City shall upon the effective date of this ordinance,
amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1
hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby
repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to
be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second and final
reading.
PASSED AND ADOPTED in regular session on second and final reading on this the day
of ,1999.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 33-99
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLA~~
FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNEI~=~/~/-1
SUBJECT: MEETING OF AUGUST 17, 1999
REZONING FROM R-I-A (SINGLE FAMILY RESIDENTIAL) AND GC (GENERAL
COMMERCIAL) TO CF (COMMUNITY FACILITIES) FOR PROPERTY LOCATED ON
THE WEST SIDE OF N.W. 3"[~ AVENUE~ BETWEEN W. ATLANTIC AVENUE AND
N.W. '1sT STREET~ ASSOCIATED WITH THE TENNIS CENTER EXPANSION.
The proposal incorporates the eastern 20' of Lots 1-12 within Block 36 (.20 acre, 8,800 sq. ft.). Lots 1-
6 are currently zoned GC (General Commercial) and lots 7-12 are zoned R-1-A (Single Family
Residential). All of these lots are vacant, with the exception of a vacant house (Williams House, 1935)
on lots 5-6 and church building and pastor's house (House of God, 1926) situated on lots 11-13. The
church building and pastor's house have been gutted and are scheduled to be demolished, but the
historic house on lots 5 and 6 is being relocated to the Spady Museum (170 N.W. 5th Avenue).
The properties within Block 36 are being aggregated by the Community Redevelopment Agency to
accommodate redevelopment of the block per the West Atlantic Avenue Redevelopment Plan. The
City is purchasing the eastern 20' of Lots 1-12 to accommodate the tennis center expansion with the
addition of three tennis courts and a % practice wall. Associated with this project is a traffic pattern
modification request to close a portion of N.W. 3rd Avenue 140' north of W. Atlantic Avenue to N.W. 1st
Street, and a Conditional Use Modification request to allow the tennis center expansion. The portion
of right-of-way to be closed is to be utilized as part of the expansion, and the tennis center is a
conditional use in the CF zoning district. These requests will be presented to the Commission at
second reading of the rezoning, if the rezoning passes on first reading. Additional background and an
analysis of the request are found in the attached Planning and Zoning Board Staff Report.
The Planning and Zoning Board will hold a public hearing regarding this item at its meeting of August
16, 1999. Their recommendation along with public comments, if any, will be presented at the
Commission meeting.
By motion, approve on first reading the ordinance for rezoning from R-1-A (Single Family Residential)
and GC (General Commercial) to CF (Community Facilities) based upon positive findings with respect
to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D)(5), and setting a public hearing date of September 7,
1999.
Attachments: P & Z Staff Report and Documentation of August 16, 1999
Ordinance by Others
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N DEL~Y BEACH TENNIS CENTER EXPANSION
CITY OF DELRAY BEACH, FL From: GC (General ~mmmial} & R-1-A (SingLe Family R~idential)
PLANNING ~ ZONING DEPARTMENT TO: CF (Cemmun~ Familia)
-- DIGITAL ~SE ~P S~TEM ---
MAP REF: LM565
LEGAL VERIFICATION FORM
FILE #:
PROJECT NAME: TENNIS CENTER EXPANSION
LEGAL DESCRIPTION
East 20 feet of Lot 1 (less the South 8 feet thereof)j and the East 20
feet of Lots 2 thru 12 inclusive, Revised Plat of Block 36, Town of
Delray as recorded in Plat Book 5 Page 38 of the Public Records of
Palm Beach County, Florida.
SOURCE of Legal Description: Survey (copy attached)
VERIFIED B DATE:
VERIFICATION REQUEST NEEDED BY: AUGUST 12, 1999
LEGAL DESCRIPTION IN ORDINANCE (NO) VERIFIED PRIOR TO SECOND
READING:
VERIFIED BY: DATE:
VERIFICATION REQUEST NEEDED BY:
PLANNING AN D ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: August 16, 1999
AGENDA ITEM: V.B.
ITEM: Rezoning From GC (General Commercial) in Part and R-1-A (Single
Family Residential) in Part to CF (Community Facilities) in Conjunction
with the Expansion of the Delray Beach Municipal Tennis Center.
GENERAL DATA:
Owners ........................... House of God Church & Community Redevelopment Agency
Applicant ......................... David T. Harden, City Manager
City of Delray Beach, Florida
Location .......................... North side of Atlantic Avenue, west side of N.W. 3rd Avenue
Property Size .................. 0.20 Acre
Future Land Use Map ..... LD (Low Density 0-5 du/ac) & GC (General Commercial)
Current Zoning ...............GC (General Commercial) and R-1-A (Single Family Residential)
Proposed Zoning .......... CF (Community Facilities)
Adjacent Zoning .... North: R-1-A
East: CF (Community Facilities)
South: GC
West: GC & R-1-A
Existing Land Use .......... Vacant
Proposed Land Use ........ Rezoning a strip of land 20' x 440' in conjunction with the
expansion of the Delray Beach Tennis Center by construction of
three tennis courts and one % court practice wall.
Water Service ................. n/a.
Sewer Service ................n/a.
The item before the Board is that of making a recommendation on a City
initiated rezoning from R-1-A (Single Family Residential) and GC (General
Commercial) to CF (Community Facilities) for properties associated with
the tennis center expansion.
The subject properties are located on the west side of N.W. 3rd Avenue,
between W. Atlantic Avenue and N.W. 1st Street.
The proposal incorporates the eastern 20' of Lots 1-12 within Block 36 (.20 acre,
8,800 sq. ft.). All of these lots are vacant, with the exception of a vacant house on lots
5-6 and two vacant structures situated on lots 11-12. A historic single family
residence (Williams House, 1935) is located on Lots 5-6, and there is a church and
associated pastor's residence (House of God, 1926) on Lots 11-12. The church
building and pastor's house have been gutted and are scheduled to be demolished,
but the residence on lots 5 and 6 is being relocated to the Spady Museum (170 N.W.
5th Avenue). The church may relocate one block to the north.
The properties within Block 36 are being aggregated by the Community
Redevelopment Agency to accommodate redevelopment of the block per the West
Atlantic Avenue Redevelopment Plan. The City is purchasing the eastern 20' of Lots
1-12 to accommodate the tennis center expansion, and a request to change the
zoning to an appropriate designation is now before the Board.
PROJECT DESCRIPTION
The proposal is to rezone the subject area (8,800 sq. ft. or .20 acre) from R-1-A
(Single Family Residential, Lots 7-12) and GC (General Commercial, Lots 1-6) to CF
(Community Facilities). The rezoning is being processed to accommodate the
expansion of the existing tennis center (zoned CF) with the addition of three tennis
courts and a % rPdractice wall. Associated with this project is a request to close a
portion of N.W. 3 Avenue approximately 140' north of W. Atlantic Avenue to N.W. 1st
Street. The portion of right-of-way to be closed (17,600 sq. ft. or .40 acre) is also to
be utilized as part of the expansion. A tennis center is a conditional use in the CF
zoning district, and a Conditional Use Modification request to allow the addition, as
well as a traffic pattern modification to close a portion of N.W. 3rd Avenue are also
before the Board in association with the expansion. The City's contract with the ATP
tournament states that 7 hard courts must be provided, and only 4 exist. The
balance of the existing courts (15) are clay. In addition to being used for the
tournament, the tennis courts will be utilized on a daily basis by the tennis center.
P & Z Staff Report
Tennis Center Expansion - Rezoning from R-1-A and GC to CF
Page 2 ~--
ANALYSIS
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1(Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is
part of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body
which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations.
Future Land Use Map: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use
designation.
The FLUM (Future Land Use Map) designations for the subject properties are GC
(General Commercial) and LD (Low Density Residential). The properties are currently
zoned R-1-A and GC. The proposed CF zoning to accommodate the Tennis Center
expansion is consistent with both the GC and LD Future Land Use Map designations.
Thus, the proposed zoning will be consistent with the GC and LD FLUM designations.
Concurrency: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
The proposal is to expand the tennis center for the addition of three tennis courts and
a % practice wall. As described below, the impact on the level of service standards
should be minimal.
Water and Sewer:
There are currently 8" water and sewer mains within N.W. 3rd Avenue. These
infrastructure facilities, constructed in 1992, will be abandoned to accommodate the
expansion. Water service will be re-routed via an 8" extension westerly on N.W. 1st
Street and connection to an existing 20" main on N.W. 4th Avenue.
Drainaqe:
Paving and drainage plans are not required for rezoning analysis. The expansion
involves the closure of a portion of an improved right-of-way, and the rezoning of
portions of adjacent properties to accommodate the installation of tennis courts and a
practice wall. The existing drainage facilities along N.W. 3rd Avenue south of N.W. 1st
Street will be modified to accommodate the expansion. The tennis center complex is
located within Wellfield Protection Zones 1, 2 and 3. The expansion area is located in
Zone 3. There are no problems anticipated complying with South Florida Water
P & Z Staff Report
Tennis Center Expansion - Rezoning from R-I-A and GC to CF
Page 3
Management District criteria. If the Conditional Use Modification request is approved,
a paving and drainage plan must be provided with the submittal of the site plan
modification.
Streets and Traffic:
The three tennis courts will generate 100 vehicular trips onto the surrounding roadway
network. The tennis center complex is located within the City's TCEA (Traffic
Concurrency Exception Area) designation, which encompasses the CBD, OSSHAD
(Old School Square Historic Arts District) and the West Atlantic Avenue Business
Corridor, which includes the tennis center property. The TCEA exempts the above
described areas from complying with the Palm Beach County Traffic Performance
Standards Ordinance.
Parks and Open Space: Park and Open Space dedications do not apply to
recreational facilities.
Solid Waste:
The addition of three tennis courts is not anticipated to have any adverse impact on
this level of service standard.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of
overall consistency is to be made. ,Other objectives and policies found in the
adopted Comprehensive Plan may be used in the making of a finding of overall
consistency.
COMPREHENSIVE PLAN:
A review of the Goals, Objectives, and Policies of the Comprehensive Plan was
undertaken and the following applicable Objectives and Policies were identified.
Future Land Use Element Objective A-l: Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate in
terms of soil, topographic, and other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
Future Land Use Element Policy C-1.5: The following pertains to the Atlantic
Avenue Redevelopment Area:
This area extends in a corridor along Atlantic Avenue eastward from 1-95 to
Swinton Avenue. The present land uses in this area include single family
homes, duplexes, mini-parks, commercial uses along Atlantic Avenue and N.W.
5th Avenue, and scattered vacant parcels.
P & Z Staff Report
Tennis Center Expansion - Rezoning from R-I-A and GC to CF
Page 4
The West Atlantic Avenue Redevelopment Plan was adopted by the City
Commission on July 11, 1995. The plan establishes Future Land Use Map
designations, zonings, special development standards, and design guidelines
for the Redevelopment Area. Future development in the area must be in
accordance with the provisions of the redevelopment plan.
Open Space and Recreation Element Objective A-2: Park and recreation
facilities shall be adequately and efficiently provided through the
implementation of the following policies:
Open Space and Recreation Element Policy A-2.1: The City shall provide
additional park, recreation, and open space facilities through enhancement of
existing facilities, major capital improvements, and the provision of new
services to geographic areas which do not have facilities readily available to
them.
Open Space and Recreation Element Policy A-2.2: The City, through the Parks
and Recreation Department, shall place its first recreation priority on the
provision of facilities for activities which serve all residents of community and
which can be achieved through completing the development of existing park
areas, enhancing existing facilities, and adding specialized items such as
playgrounds to existing facilities.
Public Facilities Element Objective D-l: Provisions are to be implemented to
maintain and upgrade existing public facilities to retain the acceptable level of
service for the facility and to maintain the "marketability of the facility and the
City".
Capital Improvement Element Objective A-l: The city shall direct financial
resources to the task of maintaining and upgrading existing public facilities as
necessary to assure that the entire City achieves the adopted levels of service.
To this end, the City shall allocate sufficient reserves and annual recurring
funding to address critical needs and system deficiencies.
The rezoning is being requested to accommodate the expansion of the tennis center
with the addition of three tennis courts and relocation of a % practice wall. The
expansion of the center will enhance the opportunities to gain additional private users,
as well as for the City to host additional sporting and entertainment events, which is
consistent with the policies and objectives expressed above.
Section 3.3.2 (Standards for Rezoninq Actions): Standards A-C and E are not
applicable. The applicable performance standards of Section 3.3.2 are as
follows:
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land uses both existing and proposed;
P & Z Staff Report
Tennis Center Expansion - Rezoning from R-I-A and GC to CF
Page 5
or that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The subject area is surrounded by the following zoning districts and land uses: to the
north are single family residences on properties zoned R-I-A (Single Family
Residential); east is the Tennis Center/Stadium on property zoned CF (Community
Facilities); south are commercial properties zoned GC (General Commercial); and
west are vacant lots, a vacant church and two vacant residential structures. The
eastern 20' of Lots 1-12 are being rezoned to accommodate the expansion of the
tennis center and to be consistent with the CF zoning designation of the existing
facility. The existing tennis center is screened with a green chain link fence and
mature landscape materials. Adequate screening will be required to buffer the
expansion from the residential properties to the north.
Block 36 is identified in the adopted West Atlantic Redevelopment Plan as an area
targeted for redevelopment. The plan proposes a mixed office and commercial
development with parking lots within this block. However, a mixed-use development,
consisting of residences, may be accommodated. There are no concerns with
compatibility with existing residences to the north nor future development to the west.
Based upon the above, positive findings can be made with respect to the applicable
performance standards.
Section 2.4.5(D)(5) (Rezonincl Findin.clS):
Pursuant to Section 2.4.5(D)($) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
a. That the zoning had previously been changed, or was originally established,
in error;
b. That there has been a change in circumstances which make the current
zoning inappropriate;
c. That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances particular to the site and/or neighborhood.
The reason for the rezoning is "b". The rezoning is being requested to accommodate
the expansion of the tennis center, which will result in the assigning of a classification
that is consistent with the existing facility.
P & Z Staff Report
Tennis Center Expansion - Rezoning from R-I-A and GC to CF
Page 6 ---
Compliance with Land Development Requlations: The proposed use is to be in
compliance with the Land Development Regulations. Items identified in the
Land Development Regulations shall specifically be addressed by the body
taking final action on a land development application/request.
CF Zone District (Special Requlations):
Pursuant to LDR Section 4.4.21(H)(1), within the CF zoning district, the perimeter
setback area, when provided, shall be a landscaped area within which no paving shall
be allowed except for driveways and walkways leading to structures on the premises.
Such driveways and walkways shall be generally perpendicular to the property line.
Per LDR Section 4.4.21(H)(2), when this zone district is adjacent to residential zoning,
the perimeter landscape area should be increased to a depth of fifteen feet (15'); or,
as an alternative, either a wall, decorative fencing, or hedging should be installed for
aesthetic and buffer purposes.
In addition to the rezoning, tennis centers are a conditional use in the CF zoning
district, and a conditional use modification must be approved to allow the expansion
the tennis center, thereby making the above requirements applicable to this project.
The existing tennis center facility is screened with green chain link fence and
landscape materials. As previously discussed, properties to the west (Block 36) are
located within the West Atlantic Redevelopment Area, and are identified in the plan as
areas for redevelopment. The expansion should not negatively impact these
properties. Means of buffering the residential properties to the north from the addition
will be required to be reviewed at site plan.
REVIEW BY OTHERS
CRA (Community Redevelopment Aqency):
The CRA reviewed the proposal and made a recommendation of approval at its
meeting of July 22, 1999.
West Atlantic Redevelopment Coalition Board:
The West Atlantic Redevelopment Coalition Board will review the project at its
meeting of August 25, 1999. Individual comments from Board members have been
attached. Additional comments, if any, will be presented at the Planning and Zoning
Board meeting.
HPB (Historic Preservation Board):
A portion of the expansion area lies within the West Settlers Historic District. The
HPB reviewed the project at its meeting of August 4, 1999 and recommended
approval of the tennis center expansion with the condition that the historic Williams
House be relocated to the Spady Museum site.
P & Z Staff Report
Tennis Cente( Expansion - Rezoning from R-1-A and GC to CF
Page 7
SPRAB (Site Plan Review and Appearance Board):
If the rezoning request is approved, a site plan modification will be processed which
action by the Site Plan Review and Appearance Board.
Neighborhood Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property.
Special courtesy notices have been sent to:
· West Settlers Historic District
· Delray Merchants Association
· Peach Umbrella Association
· Paradise Heights
Letters of objection or support, if any, will be presented at the P & Z Board meeting.
L co.c,us o, l
The request involves the rezoning of the subject properties from R-1-A and GC to CF
to accommodate the expansion of the tennis center, as well as to be consistent with
the CF zoning classification of the existing .tennis center/stadium complex. The
proposal is consistent with the policies of the Comprehensive Plan and Chapter of the
Land Development Regulations. Positive findings can be made with respect to
Section 2.4.5(D)(5) (Rezoning Findings), that the rezoning is being requested to
accommodate the expansion of the tennis center, which will result in the assigning of
a classification that is consistent with the existing facility. The subject properties are
located within Block 36, which is a redevelopment area. The West Atlantic
Redevelopment Plan calls for office development and parking lots within this block,
and the expansion should not negatively impact these properties or any
redevelopment to the west. Adequate screening should be provided to buffer existing
single family residences to the north, which will be required to be addressed at site
plan. The expansion of the tennis center will require submittal of a complete site plan
modification application and adherence to the Land Development Regulations.
I
A. Continue with direction.
B. Recommend approval of the rezoning request from R-1-A (Single Family
Residential) and GC (General Commercial) to CF (Community Facilities) based
upon positive findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, policies of the Comprehensive Plan, and LDR
Section 2.4.5(D)(5).
P & Z Staff Repot[
Tennis Center Expansion - Rezoning from R-1-A and GC to CF
Page 8
C. Recommend denial of the rezoning request from R-1-A (Single Family Residential)
and GC (General Commercial) to CF (Community Facilities) based upon a failure
to make positive findings with respect to LDR Section 2.4.5(D)(5), that the
rezoning fails to fulfill one of the basis reasons.
1
Recommend to the City Commission approval of the rezoning from R-1-A (Single
Family Residential) and GC (General Commercial) to CF (Community Facilities)
based upon positive findings with respect to Chapter 3 (Performance Standards) of
the Land Development Regulations, policies of the Comprehensive Plan, and LDR
Section 2.4.5(D)(5).
Attachments:
· WARC Board Member Comments
· Location Map
· Existing Zoning Map
· Sketch Plan
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