HomeMy WebLinkAboutO-2001-021 ORDINANCE NO. 2001-021
A
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE REZONING REQUEST BY DAVE MARTINO, AGENT FOR FLORIDA
POWER AND LIGHT, FOR PROPERTY LOCATED DIRECTLY NORTH OF
THE DANIA CUT-OFF CANAL, EXTENDING APPROXIMATELY 1,300 FEET
EAST OF U.S. 1 AND EXTENDING APPROXIMATELY 270 FEET NORTH
OF THE DANIA CUT-OFF CANAL WITHIN THE CITY OF DANIA BEACH,
FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF
WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT
ZONING CLASSIFICATION OF THE PROPERTY FROM I-G (INDUSTRIAL
GENERAL) TO THE CLASSIFICATION OF IRO (INDUSTRIAL RESEARCH
OFFICE) SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That the rezoning request filed by Dave Martino, Agent for Florida Power
and Light, for property legally described in Exhibit "A", a copy of which is attached to this
ordinance and which is located within the City of Dania Beach, Florida, is granted and the
property is rezoned from its present zoning classification of I-G (Industrial General) to the
classification of IRO (Industrial Research Office);
Section 2. That all ordinances or parts of ordinances in conflict with the
provisions of this ordinance are repealed.
Section 3. That this ordinance shall take effect upon the recording and filing of the
document identified above in the Broward County Pubilc Records.
PASSED and ADOPTED on first reading on the 10T" day of April, 2001.
PASSED and ADOPTED on second reading on the 24T" , day of July, 2001.
PAT FLURY
MAYOR— COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO-YES
rjh�Aa /b4� COMMISSIONER MIKES-YES
CHARLENE J NSON COMMISSIONER McELYEA-YES
ACTING CITY CLERK VICE-MAYOR CHUNN-YES
MAYOR FLURY-YES
ORDINANCE NO. 2001-021
APPROVED AS TO FORMA CORRECTNESS:
By:
_ 11441 /1 -
THO AS J. Aft BRO
CITY ATTORNEY
•
ORDINANCE NO. 2001-021
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT PART OF THE SOUTH 6 CHAINS (396') OF THE NW '/4 OF THE NE % OF
SECTION 34, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING EAST OF THE RIGHT-OF-
WAY LINE OF US HIGHWAY NO. 1 (SR 5) MEASURED 33 FEET FROM CENTERLINE OF
PAVEMENT, SAID LAND SUBJECT TO RIGHT-OF-WAY FOR THE DANIA CUT-OFF
CANAL, SITUATED IN BROWARD COUNTY FLORIDA. SUBJECT TO THE FOLLOWING
DESCRIBED PARCEL OF LAND WHICH WAS ACQUIRED BY THE STATE ROAD
DEPARTMENT: STARTING AT A POINT BEGINNING ON THE NORTH EDGE OF DANIA
CUT-OFF-CANAL; 33 FEET EAST OF THE WEST LINE OF THE NW '/4 OF THE NE 1/4 OF
SECTION 34; TOWNSHIP 50 SOUTH, RANGE 42 EAST; THENCE NORTH
APPROXIMATELY 17.5 FEET TO A POINT 33.00 FEET EAST OF THE WEST LINE AND
44.62 FEET NORTH OF THE SOUTH LINE OF SAID NW 1/4 OF THE NE 1/4 ; THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2,259.01
FEET WITH A CENTRAL ANGLE OF 6 DEGREES 49 MINUTES 23 SECONDS AN ARC
DISTANCE OF 269.01 FEET TO A POINT; THENCE SOUTH ALONG A LINE 49.00 FEET
AND PARALLEL TO THE WEST LINE OF SAID NW '/4 OF THE NE % APPROXIMATELY
286.5 FEET TO A POINT ON THE NORTH EDGE OF DANIA CUT-OFF CANAL; THENCE
WEST 16.00 FEET ALONG THE NORTH EDGE OF DANIA CUT-OFF CANAL TO THE
POINT OF BEGINNING. LESS AND EXCEPT THERE FROM THE FOLLOWING
DESCRIBED PARCEL NO. 100 ACQUIRED BY THE FLORIDA DEPARTMENT OF
TRANSPORTATION. SUBJECT TO: THE NORTH 30 FEET OF THE SOUTH 396 FEET OF
® THE NW '/4 OF THE NE '/a OF SECTION 34, OF THE ABOVE DESCRIBED PARCEL IS
RESERVED FOR ROAD RIGHT-OF-WAY.
ORDINANCE NO. 2001-021
ElDANIA BEACH GROWTH MANAGEMENT DEPT.
PLANNING AND ZONING DIVISION
100 W.DANIA BEACH BLVD. (954) 924-3645-Phont
DANIA BEACH, FL 33004
(954) 922-2687 -Fax
PETITION FOR REZONING
DATE: 10/23/00 PETITION RZ- -1 -00
TO CITY OF DANIA BEACH PLANNING AND ZONING BOARD AND DANIA BEACH CIT
COMMISSION. A REZONING OF PROPERTY AS HEREINAFTER INDICATED IS HEREE
REQUESTED BY:Florida Power & Light Company
700 Universe Blvd.
PETITIONER: Juno Beach, FL 33408 Same
LEGAL DESCRIPTION OF SUBJECT PROPERTY: (FOLIO#) -,n-4a-14-nn-nn6n
9PP Attnnhpa ryhihit"A"
GENERAL LOCATION OF SUBJECT PROPERTY: East Si r1a of TT_S_1/Nnrth of nani a_
PRESENT ZONING: IG REQUESTED ZONING: IRn
Of:
REASONS&JUSTIFICATION FOR REQUESTED REZONING.'
See Attached Exhibit "B"
(Note: If more than one zoning classification is requested, please attach complete legal description
each zoning classification requested.)
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA BEACH CITY
COMMISSION
Sworn to and subscribed before me Si re of Petitioner
this day of AMi/ t'9�p0• �1/:1Q
ell..
. Dean sch - Manager
Notary Public State of( 700 Universe Blvd.-Juno Beach,
Printed Name of Notary Street Address, City State &Zip
Commission Expires _, _ �dF•S°n`�` (561) 694-4885
•.` MY C N 0 CC785NO D(f
Seal: `� :e Nore�„►>er Iti 200 Telephone Number
F.w »�
WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY,PLEASE FILL THE
FOLLOWING:
This is to certify that I am the owner of subject lands described above in the PETITION I
REZONING and that I have authorized to make and file the afore
PETITION FOR REZONING.
Sworn to and subscribed before me Signature of Petitioner
this day of 19
Notary Public State of( )
Printed Name of Notary Street Address.City State&Zip
Commission Expires Telephone Number
Seal:
Include with Application:
Sealed Survey X_ Copy of Plat Preliminary Site Plan X
Filing Fee: $275.00 for the first acre or fraction thereof,plus S27.50 per acre for each additional or fraction I
-Plus Retainer for Administrative and Advertising costs.(As per Ch.28,Article 9.60.Recovery of costs...)
Minimum Deposit Required: $5,000.00
Exhibit "A"
Petition for Rezoning
Florida Power & Light
Legal Description:
All that part of the South 6 Chains (396') of the NW '/4 of the NE '/4 of
section 34, Township 50 South, Range 42 East, Lying East of the Right-of-Way
Line of U.S. Highway No. 1 (S.R.5) measured 33 feet from Centerline of
pavement, said land subject to Right-of Way for the Dania Cut-Off Canal,
Situated in Broward County, Florida.
Subject to: The following described parcel of land which was acquired by
the State Road Department:
Starting at a point beginning on the North Edge of Dania Cut-Off Canal; 33
feet East of the West line of the NW 1/4 of the NE 1/4 of Section 34; Township 50
South, Range 42 East; Thence North approximately 17.5 feet to a point 33.00
feet East of the West line and 44.62 feet North of the South line of said NW 1/4 of
the NE '/4; Thence Northeasterly along a curve to the right having a Radius of
2259.01 feet with a Central Angle of 69 49' 23" an arc distance of 269.01 feet to a
point; Thence South along a line 49.00 feet and parallel to the West line of said
NW '/4 of the NE '/4 approximately 286.5 feet to.a point an the North edge of
Dania Cut-Off Canal; Thence West 16.00 feet along the North edge of Dania Cut-
Off Canal to the Point of Beginning.
Less and except therefrom the following described parcel No. 100 acquired by
the Florida Department of Transportation.
Subject to: The North 30 feet of the South 396 feet of the NW '/4 of the NE
'/4 of Section 34, of the above described parcel is reserved for Road Right-of-
Way.
Exhibit "B"
Petition for Rezoning
Florida Power & Light
Reasons and Justification for Requested Rezoning:
In order to meet the increased demand for electricity in the City of Dania
beach and to insure a high level of reliability, it is necessary for Florida Power &
Light to construct a distribution substation adjacent to our existing Laudania
Switchyard. This parcel of land serves as a major transmission corridor and
contains overhead transmission lines which limit future uses of this site to those
related to transmission or distribution of electricity, or limited agricultural use such
as a container nursery.
This requested Rezoning from I-G to IOR will place this parcel of land in a
zoning district consistent with the Comprehensive Plan and present land use.
Additionally this zoning district allows for Florida Power & Light to request a
"Special Exception" to construct a necessary distribution substation on this parcel
of land to the east of the existing switchyard. (See attached Exhibit "A", Sealed
Survey and Exhibit "B" a Preliminary Site Plan.
•
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
nTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, June
001 at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Room,
A ministrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing
any comments which might be made to the following petitions:
RZ-57-00 — Rezoning request by Dave Martino, Agent for Florida Power and Light, for property located directly North of the
Dania Cut-Off Canal, extending approximately 1,300 feet East of U.S. 1 and extending approximately 270 feet North of the
Dania Cut-Off Canal. The request is to rezone property from I-G (Industrial General) to IRO (Industrial Research Office).
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY DAVE
MARTINO, AGENT FOR FLORIDA POWER AND LIGHT, FOR PROPERTY LOCATED DIRECTLY NORTH OF THE DANIA
CUT-OFF CANAL, EXTENDING APPROXIMATELY 1,300 FEET EAST OF U.S. 1 AND EXTENDING APPROXIMATELY 270
FEET NORTH OF THE DANIA CUT-OFF CANAL WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY
DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED-TO THIS ORDINANCE; CHANGING THE CURRENT
ZONING CLASSIFICATION OF THE PROPERTY FROM I-G (INDUSTRIAL GENERAL) TO THE CLASSIFICATION OF IRO
(INDUSTRIAL RESEARCH OFFICE) SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
SE-58-00 —Special Exception Request by Dave Martino, Agent for Florida Power and Light, for property located directly North
of the Dania Cut-Off Canal, extending approximately 1,300 feet East of U.S. 1 and extending approximately 270 feet North of
the Dania Cut-Off Canal. The request is for a Special Exception use to allow an "Electrical Substation" in an IRO (Industrial
Research Office) zoning district, as per Chapter 28, Zoning, Article 16, Section .20 (b)(2). The proposed electrical substation
site is located in that portion of the zoning parcel directly east of the existing substation and measures approximately 520 feet
long by 260 feet deep.
Legally described: All that part of the South 6 Chains (396') of the NW '/4 of the NE % of Section 34, Township 50 South,
e 42 East, Lying East of the Right-of-Way Line of US Highway No. 1 (SR 5) measured 33 feet from Centerline of
ment, said land subject to Right-of-Way for the Dania Cut-off Canal, situated in Broward County Florida. Subject to the
following described parcel of land which was acquired by the State Road Department: Starting at a point beginning on the
North Edge of Dania Cut-Off-Canal; 33 feet East of the West line of the NW%of the NE '/4 of Section 34; Township 50 South,
Range 42 East; Thence North approximately 17.5 feet to a point 33.00 feet East of the West Line and 44.62 feet North of the
South line of said NW%of the NE 1/4 ; Thence Northeasterly along a curve to the right having a Radius of 2,259.01 feet with a
Central Angle of 6 degrees 49 minutes 23 seconds an arc distance of 269.01 feet to a point; Thence South along a line 49.00
feet and parallel to the West line of said NW % of the NE % approximately 286.5 feet to a point on the North edge of Dania
Cut-Off Canal; Thence West 16.00 feet along the North edge of Dania Cut-Off Canal to the Point of Beginning. Less and
except there from the following described parcel No. 100 acquired by the Florida Department of Transportation. Subject to:
The North 30 feet of the South 396 feet of the NW %4 of the NE % of Section 34, of the above described parcel is reserved for
Road Right-of-Way.
Copies of the proposed petition are available for viewing in the Growth Management Department, 100 West Dania Beach
Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday— Friday please call (954) 924-3645 for
more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition.
In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach,
FL 33004, (954) 924-3630, at least 72 hours prior to meeting.
Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission
with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose
may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to based.
0Ann Cunningham
ning Technician
June 22, 2001
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TRANS ORLD PLAT
SUN - SENTINEL NOTICE OF PUBLIC HEARING
PUBLISHED DAILY CITY OF DANIABEACH
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA NOTICE IS HEREBY GIVEN that a public hearing will be
held before the City Commission on TuesdaTMay 22,
BOCA RATON, PALM BEACH COUNTY, FLORIDA 2001at7:30p.m.,orassoon thereafter as Possible,in
the Dania Beach City Commission Room,Adminlstra-
MIAMI, MIAMI DADE COUNTY, FLORIDA tive center,too west Dania Beach Blvd.,Dania Beach,
Florida 33004,for the purpose of hearing any com-
ments which might be made to the following peti-
tions:
STATE OF FLORIDA RZ•57-00-Rezoning request by Dave Martino,Agent
for Florida Power and Light,for property located di-
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE rectly North of the Dania Cut-Off Canal,extending ap-
BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED proximately 1,300 feet East of U.S. 1 and extending
approximately 270 feet North of the Dania Cut-Off Ca-
nal.The request is to rezone property from 1-G(Indus-,
fi�c�(1 LL WHO,ON OATH, SAYS THAT i trial General)to IRO(industrial Research Office).
HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI-
DA APPROVING THE REZONING REQUET BY
DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED MA T NO, AGENT FOR FLORIDA POWERS AND GA TE
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE FOR PROPERTY ANAL,EXTENDING
NORTH OF THE
DANIA CUT-OFF CANAL,EXTENDING APPROXIMATELY
ATTACHED COPY OF ADVERTISEMENT, BEING A: :1,300 FEET EAST OF U.S.1 AND EXTENDING APPROXI-
MATELY 270 FEET NORTH OF THE DANIA CUT-OFF CA-
NAL W ITHI N THE CITY OF DANIA BEACH,FLORIDA.AND
U-57-00 LEGALLY 'DESCRIBED IN EXHIBIT!'A', A COPY OF
WHICH IS ATTACHED TO THIS ORDINANCE;CHANGING
THE CURRENT ZONING CLASSIFICATION OF THE PROP-
ERTY FROM I-G(INDUSTRIAL GENERAL)TOTHE CLASSI-
IN THE MATTER OF: FICATION OF IRO (INDUSTRIAL RESEARCH OFFICE)
SUBJECT TO CERTAIN RESTRICTIONS:PROVIDING FOR
SEVERABILITY;FURTHER,PROVIDING FOR AN EFFEC-,'
RZ-57-00 TIVE DATE.
SE-58-00 Special Exception Request by Dave1Uarti-'
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE no,Agent for Florida Power and Light,for property lo-
cated directly North of the Dania,Cut-Off Cal1 :ex-
ISSUES OF: tending approximately 9,300 feet East of U.S.1 and
extending approximately 270 feet North of the Dania
Cut-Off Canal.The request Is for a Special Exception
5/11,1 d 10382976 use to allow an'Electrical Substation'In an IRO(In-
dustrial Research Office)zoning district,as per Chap-
ter 28,Zoning,Article 16,Section:20(b)(2).The pro
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER posed electrical g parcel
direct is located h that ping.
lion of the zoning parcel direct{y east of the existing;
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, substation and measures approximately 520 feet long:
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY Lego Legally descr b d:All that part of the South 6ChainsI
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, 50 So of. R Range
42 the ;LyingE Y4 East
the34, Right-of-
EACH South,Range 42 East;Lying East of the Right-ot-
• EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE way Line of US Highway No.t(SR 5)measured 33 feet
from Centerline of pavement, said land subject to
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, Right-of-way for the Dania Cut-off Canal,situated in
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF Broward County Florida.Subject to the following de-
1 parcel of land which was acquired by the
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT I State Road Department:Starting at a point beginning
on the North Edge of Dania Cut-Off-Canal;33 feet East
HE/SHE HAS NEITHER PAID,NOR PROMISED,ANY PERSON, FIRM, OR of the west line of the NW Y.of the NE 1/4 of section 34;
CORPORATION,ANY DISCOUNT, REBATE, COMMISSION,OR REFUND, FOR TF Township proximatellyy the
south,Range 42 East;Thence North the
17.5 feet to a point 33.00 feet East of
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID West Line and 44.62 feet'North of the South line of
said NW Y4 of the NE 1/4;Thence Northeasterly along
N P PER. a curve to the right having a Radius of 2,259.01 feet
with a Central Angle of 6 degrees 49 minutes 23 sec-
onds an arc distance of 269.01 feet to a point;Thence
South along a line 49.00 feet and parallel to the West
SIGNATU AFFIAN line of said
( � NW Y.'of the NE Y.approximately 286.5 feet toga point
on the North edge of Dania
Cut-Off Canal;Thence West 16.00 feet along the North
SWORN TO AND SUBSCRIBED BEFORE ME edge of Dania Cut-Off Canal to the Point of Beginning.
ON: 11-May-2001 , A.D. Less and except there from the following described
parcel No.100 acquired by the Florida Department of
w J Transportation.Subject to:The North 30 feet of the
i v South 396 feet of the NW 14 of the NE Y4 of Section 34,
of the above described parcel Is reserved for Road
Right-of-Way. .., ..
(SIGNATLJRE OF NOTARY UBLIC) Copies of the proposed petition are available for view-
ing in the Growth Management Department,1GO West
Tara L.Bezalc Dania Beach Blvd.,Dania Beach,Florida between the
hours My COMMISSION g CC please ea181(954)924-645 fo for Information.Monday
my 638935 EXPIRES
oT; July 20,2001 terested parties may appear at the public hearing anc
30N0ED rHRU TROY FAIN iNSIJRA 'be heard with respect to the proposed petition.
NCE.INC. In accordance with the Americans With Disabilities
Act,persons needing assistance to participate in an)
of these proceedings should contact Sheryl Chapman
(NAME OF NOTARY,TYPED, PRINTED, OR AMPED) Administrative Services Director,100 W.Dania Beact
Blvd,Dania Beach,FL 33004.(954)924-3630.at leas,
72 hours prior to meeting.
PERSONALLY KNOWN OR Any person who decides to appeal any decision mad(
by the Planning and Zoning Advisory Board or the City
PRODUCED IDENTIFICATION Commission with regard to any matter considered a
FIZECEI VED this meeting or hearing will need a record of the pro
t
ceedings and for such purpose may need to ensur(
that a verbatim record of the proceedings is made
which record Includes the testimony and evident(
MAY 17 n n1 upon which the appeal Is to based.
iLou Ann Cunningham
Planning Technician .R
y: May 11,2001 _ ' •''
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- MAR 08 '01 08:41AM FPL COMPANY 3053212220 P.2
DM Hart FAX NO. : 9549228581 Feb. 20 2001 01:31PM P1
• January 22, 2001
To: Lynn Shatas, Extemal affairs Manager
From: Patty Hart,North East, (Royal Palm Vista Home Owners), Dania Beach, Fl
Thank you Lynn for the presentation that you and your committee made to our neighbors.
Patty Hart John Skinner
517 NE 2`•`d Place Cozy Cove Manna �
Dania.Beach,F1 33004 ✓ 300 N. Federal Hwy
Dania Beach, F1 33004
MP Malone
515 NE 2"d Place Janet Morino
Dania Beach,F1 33004 314 NE P Avenue
Dania,Beach,F133004
Pat Flury Mr. &Mrs. Robert Week"
402 SE 61, Street 203 NE 3xd Avenue
Dania Beach, FI 33004 Dania Beach,F'l 33004
William C. Winkelholz
219 NE 2"a Place
Dania Beach, F1 33004 Jason Nunemaker
Assistant City Manager
Dania Beach, F1
Virginia Tahaney
684 NE 10 Street Vice Mayor John Bertino
Dania Beach,F1 33004 211 Se 2"d Terrace
Dania Beach,Fl 33004
Bob Mikes
Frank Marino City of Dania Beach c
625 NE 2°d Plate
Dania Beach,Fl 33004
Chartcs Zidar
529 NE 2"d Place `
Dania Beach F1 33004 re,
Jan& Steve Reed
205 NE I"Court
Dania Beach Fl 33004
• 1