HomeMy WebLinkAboutPZ2023-411DATE: November 20,2023
TO: Planning Commission and City Council
FROM: Demi Engman, Planning Manager
SUBJECT: Consider a request for a. Rezoning from U (Light Industrial) District to PD (Port
Development) District.
FILE: PZ2023-411
STAFF REPORT
The Port of Beaumont requests the property located at 1200 Park Street to be rezoned from LI
(Light Industrial) to PD (Port Development) District. They intend to develop the site to
accommodate truck queing, cargo storage and workforce development to increase efficiency of
operations and adjust to the growing infrastructure needs associated with moving good and
services toand from the Port. This request aligns with the interloca|agreement between the
Port ofBeaumont and the City ofBeaumont executed byResolution No. 23-Ol5inJanuary of
2023.
Staff recornmends approval of the request.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed toproperty owners 32
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 35l-355and Tracts 3S6/\&BLBlock 69.Original TovvnsiteofBeaurnontBeaurnont
GENERAL INFORMATIONIPUBLIC UTILITIES
OWNER:
PROPERTY
LOCATION:
ZONING:EXISTING
PROPERTY SIZE:
EXISTING LAND USES-
USES:SURROUNDING LAND
Port ofBeaumont
Port ofBeaumont
l2OOPark Street
L| (Light Industrial)
~2.194acres
Industrial
X—Area determined Wbeoutside the 5OO
year flood plain.
NORTH: Commercial
[8D(Central Business District)
EAST: Residential
C8D
SOUTHVacant
[-M(Commercial —Manufacturing)
VVEST. Residential
L| (Light Industrial)
PLAN:COMPREHENSIVE
Special District /[)om/ntovvn1
STREETS:
Franklin Street — Major CoUectorvvith6O'
w^ayand4D`pavernentwidth.
Park Street — Major Arterial with GO` right-of-way
and 4O`pavement width
Neches Street —Loca| Street with 60' right-of-way
and 38'pavement width
Blanchette Street — Local, Street with 65,hght-of-
maayand 38`pavernentwidth
DRAINAGE:
Franklin and Park Streets are curb and gutter.
Neches and Blanchette Streets are open ditch.
WATER:
City ofBeaumont 1O"water line
SANITARY SEWER SERVICE: City of Beaumont 15" sanitary sewer line
PROPERTY OWNERS NOTIFIED WITHIN 200 FEET
PACARD LAPfAY
FRANCISCO MUSIC STUDIOS INC
FANCISCO MUSIC STUDIOS INC
DCTY WAYNE
PACIAD LAPRAY
CLEVELAND ROBEf T E
C W OFFICE ENTERPRISES
CHISUM ELLA I AE LPC PLLC
ITON HOLDINGS LLC
GSG REAL ESTATE LLC
HAILEY INVESTMENTS GROUP LLC
H ILEY INVESTMENTS GROUP LLC
HAI LEY INVESTMENTS RO U P LLC
HEARD GOGGAN BLAIR & WILLIAMS
ETZ MICHAEL DAVID
ALB REAL ESTATE LLC
COMMUNITY HARVEST BAPTIST CHURH OF BEAUMONT T
A B READ ESTATE LLC
AB REAL. ESTATE LLC
rB REAL ESTATE LLC
AYJOHN MANAGEMENT LLC
UDI PROPERTY
COM M UNITY HARVEST BAPTIST CHUM OF BEAU MONT TX
PORT OFBEAUOiT
CAFFALL DM TRUST
KOEHLER CHILDIENS TRUST
HALLIDAY SOPHIE ELIZABETH
{COTTER MA IA CHRISTINE
COTTER JOHN RICHARD TRUST
IOEHLER LARA IRIN
ABBE DORISHALLIDAY
HALLIDAY M DAVID
sEAuMONT
Planning & Community Development
Case Type:Planning and Zoning
Case Status: REVIEW
Case Sub Type: Rezone
Tag Name: Rezoning from LI to Port Development.
Case #: PZ2023-411
Initiated On: 10/2/2023 10:07:34AM
Location: 1200 PARK ST, BEAUMONT, 77701
Individuals listed on the record:
Applicant
David C. Fisher
Home Phone* 409-895-
1 2 Main Street
Work Phone:
Beaumont, TX 77701
Cell Phone: 406-656-6290
E-Mail: dcf@pobtx.com
Property Owner
Port of Beaumont
Home Phone: 409-895-5367
1225 Main Street
Work Phone:
Beaumont, TX 77701
Cell Phone:
E-Mail, dcf@pobtx.com
Legal Description
All of Lots 351- 355, Original Townsite of Beaumont, recorded in
Volume 448, Page 249, Map Records and Tracts 356- A and 356- B,
Replat of all of Lots 356- 362, Block 69, recorded in Volume 17, Page
42, Map Records, Jefferson County, Texas
Number of Acres
2.19
Proposed Use
Port District
Notes:
Case Type: Planning and Zoning Page 1 of 1
Case #: PZ2023-411 Printed On: 10/27/2023
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City ofBeaumont |
Planning & Community Development
POBox gO27
Beaumont, TX777O4
(via online attachment)
Port of8eaunnont
I2Z5Main Street
Beaumont, TX 77701
RE: Rezoning Application Letter
To Whom It May Concern,,
The Port of Beaumont is requesting that Port -owned property located at 1200 Park Street be rezoned as
"Port District" for various operational uses, such as, but notlimited to, truck queuing, cargo storage, and
worl(force development.
This rezoning requestis in accordance with City ofBeaumont Resolution No. 23-015wherein the City of
Beaumont and the Port of Beaumont executed an interlocal agreement to exchange lands, the City 10
abandon or otherwise convey real property, and the City to zone Port owned property as shown therein.
We appreciate your support iothis effort. Please do not hesitate to contact us with any questions o[
comments you might have.
Regards
David Fisher
Port Director & CEO
P.O.Drawer 2297^Beaumnnt,Texas U.8.A.77704~4091835- 5367 FAX 409/835-0512
RESOLUTION NO. 23-015
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Interlocal
Agreement with the Port of Beaumont Navigation District, to exchange land pursuant to
the authority, under the provisions of, and in accordance with Chapter 791 of the Texas
Government Code and to increase the efficiency of operations and adjust to the growing
infrastructure needs associated with moving goods and services to and from the Port of
Beaumont, The Agreement is substantially in the form attached hereto as Exhibit "A" and
made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
January, 2023.
ayor• outan -
INTERLOCAL AGREEMENT 13ETWEEN THE 1101ZT OF BEAUMONT
NAVIGATION DISTRICTOF JEFFERSON COUNTY, "TEXAS
AND THF, CITY OF BEAUMONT, TEXAS
S'"FATE OF TEXAS §
COUNTY OF JEFFERSON §
This Interlocal Agrecnicnt (the "Agreement") made and entered into by and between
the Port of Beaumont Navigation District of Jefferson County, Texas (the "Port")"), acting herein
by and through its President of the Board of Commissioners, and the City of Be'CuI111011t,
Texas, a municipal corporation (tire "City"), acting by and through its Mayor.
RECITALS:
WHEIEAS, the Port is a navigation district of the State of "I"'exas, authorized under
Section 59, Articic XVI of the Texas Constitution and the City is a home rLde municipality
acting pursuant to the Charter of the City of Beauiliont, Texas and
WHEREAS, and the Interlocal Cooperation Act, Chapter 791 of the "I'exas
Governnient Code authorized units of local government to contract with one or more units of
local govermiient to perform government functions and services; and
WHEREAS, this Agreement is entered into pursuant to the aLlthority, under the
provisions of, and in accordance with Chapter 791 of the 'Texas Government Code, for the
performance of governmental functions and services; specifically, the exchange of real
property located within the City and Port District, and for such other and further acts of
cooperation as the parties may subsequently agrce to by the execution of a separate and
specific agreement ratified by the governing bodies of each contracting party, specifically the
City Council of the City of BeaL1111ont and the Port Board of Con-imissioners; and
WHEREAS, City and the Port have investigated and determined that it would be
advantageous and beneficial to both the City and the Port and its inhabitants for the City for
the exchange of property to support economic growth.
WHF--1,'RHAS, the City and the Port deem it to be in the best interest of both entities to
enter into this Agreement relative to the exchange of real property and for such additional
services as the parties may subsequently agree to by the execution of separate and specific
agreements, and in consideration of the mutual covenants contained herein, the City and the
Port agree as follows.
NOW,, THEREFORE,, the Port and City, in consideration of the recitals set forth
above, which are incorporated into this Agreenient as if fully set forth below, and in
consideration of such other agreen-cents as contemplated, agree as follows:
1. By action of the Port Board of Commissimiers on December 19,, 2022, the Port hereby
approves to deed approximately 6.710 acres of rucfl property ad'jiicent to the City's
River Front Park to the City, except that 2.641 acres of real property corresponding to
the locations of the rail tracks owned by the BNSF, Union Pacific, Kansas City
Souffiern or the Port shall be retained by the Port to provide rail access easements to
BNSF, Union Pacific and/or Kansas City Southern Railroad leading to tile Port ("HIC
Property") as described and slimNrn on warranty deed and property dra-%ving as
Attaclinient A hereto.
2. By action of the Beaumont City Council oil Deeenibcr 6, 2022) the City hereby
approves to abandon or otherwise convey appro xinnately 1.819 acres of real property
consisting of Sabine Pass Avenue from Blanchette Street to F-Ann-lett Street ("Sabille
Pass Avenue Property") adjacent to the Port of 13eauinont as described acid sliown on
property draNving attached as Attaelmient B hereto.
3. The City agrees to abandon all City roadways, alleyways and easements (except
for City water, storm and sewer mains, if any aqjacent to, or through, Port owned
property bordered by Buford, Carroll, Seliwarner and Port Streets, including
portions of Lamar, Stewart, Powell, Leif cr and Herring Streets and Herring Alley
as shown oil Attachment C (Future Storage Lot.) hereto, provided that Port i-neets
City requirements of property ownership of both sides of' the City streets to be
abandoned.
1
4, The City agrees to zone Port. owned property shown on Attachment C (Riture
Storage Lot.) and Attachment D (Truck Staging Areas) hereto as Port District
Zoning.
5. In the exercise of their respective roles and respons ibi I i ties under this Agreen-lent,
the Port and the City each act in an independent capacity, and no party is to be
considered the officer,, agent, or employee of the other.
6. Any notice given hereunder by either party to the other shall be in writing and n-lay
be affected by personal delivery in writing or by certified rail, return receipt
requested:
Port of Beaumont Navigation District of Jefferson County, Texas
A"rTN- DCavid C. Fisher
1225 Main Strect
Beaumont, Texas 77701
City of Beauniont
ATTN: City Manager
P. 0. Box 3827
Beauniont, Texas 77704
7. This Agreement contains the entire Agreement between the parties relating to
the rights herein granted and the obligations herein assume- d.. Any oral
representations or, modifications concerning this instrument shall be of no force or
effect except in a subsequent modification in writing signed by both parties.
9. This Agreenmit shall be govens ed by mid constructcd in accordance with the laws
of the State of Texas. No assignn)ent of this Agreciiient or of any right aCCRIC(l
hereunder shall be made., in whole or in part, by either party without the prior written
consem of the otlier party. Venue shall be in Jefferson County, Texas.
9. The undersigned officer and/or agents of the pat -ties hereto are the properly
authorized officials of the party presented and liave the necessaly authorit-Y to
execute this Agreement on behalf of the parties hereto and each party hereby certifies
to the other that any necessary resolutions extending said authority have been duly
passed and approved and are now in full force and effect,
IN WITNESS WHEREOF, the parties have executed his Agreenient, which shall
be effective upon the date it is signed by all Pat -ties.
EXECUTE this lqr day of i�-lc 52022.
The Port of Beaumont Navigation
District of Jefferson County, Texas
BY: David C. Fisher
Title: Port Director & CEO
EXECUTE this day of 4 4/KM(XAAjk 2023.
0
The Cit 1, y of Beauniont, Texas
B y
Title:
AITACHMENT A
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SEA-' % j,IT. lEWAS 77744
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TBPE Firm No. F-5755
TBPLS Firm No. 10123800
LA EF.0005711
-3737 Doctors Drive
Texds-77642
Port A'tthu'r',
SURVEYORS& NGIN RS Office (409) 983.2004
fax (409.) 983.2005
1.819 ACREjS OF LAND
FOR RIGHT-OF-WAY ABANDONMENT PTJI�POSES
PART OF THE NOAH TEVIS SURVEY, ABSTRACT NO. 52
JE FFERSON COUNTY, TEXAS
13EING 1.819 acres of land, for right-of-way abandoim-ient put -poses, part of the Noah 'Tevis
Survey, Abstract No. 52, Jefferson County, Texas; being part of a public right-of-way known as
Sabine Pass Avenue; said 1.819 acre tract being more fully described by metes and bounds as
follows, to wit:
Note.- Bew-ings, coordinates, clistances and acreage at. based on the Texas Cow-dinate Sj).Ylein
983, Sonih Centi-al Zone, US Sw-i7ey Feet, and ai-e i-eferenced to 8nica-lNe1, Noi-th Ainei-ica.
COMMENCING at a brass disc in concrete, found on the intersection of the Southeast right-of-
way line of Blanchette Street and the Northeast figlit-of-way fine of Peiinsylvania Avenue, for
the most northerly point of a boundary line agreement between the City of Beaumont and the
Poil of Beaumont Navigation District, recorded in Volume 2092, Page 3, Deed Records,
Jefferson County, Texas; said brass disc in concrete baving coordinates of N: 13971594.98, E:
3520114.32;
THENCE, North 45 deg. 59 min. 50 see. East, on the Southeast right-of-way line of Blancliet-te
Street, a distance of 89.20' to a concrete ii-ionument, found on the intersection. of the Southeast
right-of-way line of Blanchette Street and the West right-of-way line of Sabine Pass Avenue, for
the Northwest corner of a (Called 0.212) acre tract of land described in a deed to the :it of
Beaumont, recorded in Volume 1368, Page 566, Deed Records, Jefferson County, Texas, and the
POINT OF BEGINNING of the herein described tract; said concrete monument having
coordinates of N: 13971656.95, E: 3520178.48;
THENCE, North 45 deg. 59 min. 50 sec. East, continuing on the Southeast right-of-way line of
Blanchette Street and crossing Sabine Pass Avenue, a distance of 46.00' to a half -inch steel rod,
capped and marked "SOUTEX", found on the intersection of the Southeast fight -of -way line of
Blanchette Street and the East right-of-way line of Sabine Pass Avenue, for the most nottherly
corner of the (Called 0.212) acre tract, and the most noi-therly corner of the herein described
tract;
THENCE, on the East right-of-way line of Sabine Pass Avenue, on the are of a curve to the
right, having a radius of 173.00', an are distance of 956.33', a chord bearing of South I I deg. 28
min. 37 see. East, a chord distance of 186.08' to a half -inch steel rod, capped and marked
"SOUTEX", found for corner;
THENCE, continuing on the East right-of-way line of Sabine Pass Avenue, on the arc of a curve
to the left, having a radius of 127.00', an are distance of 42.90', a chord bearing of South 11 deg.
25 min. 39 sec. West, a chord distance of 42.69" to a half inch steel rod, capped and inarked
"SOUTEX", found on the line described in said boundary line agreement between the City of
Beaumont and the Port of Beauinont Navigation District, for the most southerly corner of the
(Called 0.212) acre tract;
THENCE, South 43 deg. 59 iyin. 26 sec. East (Called South 40 deg. 16 min. 18 see. East), on
the line described in said boundary line agreeinent,, a distance of 2.50' to a half -inch steel rod,
capped and marked "SOUTEX", found for comer;
THENCE, South 02 deg. 20 min. 29 see, West (Called South 06 deg. 05 min. 55 see. West),
continuing on the line described in said boundary line agreement, a distance of 9.45' (Called
7.30') to a half -inch steel rod, capped and marked "SOUTEX", found for comer;
THENCE, South 03 deg. 29'rain. 33 sec. East (Called South 00 deg. 15 min. 53 see. West),
continuing on the line described in said boundary line agreement, a distance of 20.07' to a half -
inch steel rod, capped and marked "SOUTEX", found for corner;
THENCE, South 06 deg. 09 min. 14 sec. East (Called South 02 deg. 23 min. 48 see. East),
continuing on the line described in said boundary line agreement, a distance of 236.42' to a half -
capped and marked "SOUTEX", found for comer -
inch steel rod, 9
THENCE, South 11 deg. 30 min. 38 see. East (Called South 07 deg. 45 min. 12 sec. East),
continuing on the line described in said boundary line agreement, a distance of 87.03' to a half -
inch steel rod, capped and marked "SOUTEX", found for comer;
THENCE, South 26 deg. 07 n-iin. 08 sec. East (Called South 22 deg. 21 min. 42 sec. East),
continuing on the fine described in said boundary line agreement, a distance of 246.47' to a half
-
inch steel rod, capped and marked "SO UTEX", found for corner;
THENCE, South 44 deg. 16 min. 53 sec. East (Called South 40 deg. 31 min. 27 see. East),
continuing on the line described in said boundary line agreement and an extension of the same, a
distance of 382.01' to a half -inch steel rod, capped and marked "SOUTEX", found for an angle
point in the West line of a tract of land described in a deed to the Port of Beaumont, recorded in
Film. Code 102-97-0286, Official Public Records, Jefferson County, Texas, and the Southeast
comer of the herein described tract; from which, a half -inch steel rod, capped and marked
"SOUTEX", found for the most northerly corner of a tract of land, known as Tract B, described
in a deed to the City of Beaumont, recorded in Volun-ic 2066, Page 367, Deed Records, Jefferson
County, Texas, bears South 03 deg. 24 min, 26 see. East (Called South 00 deg. 21 min. 00 see.
West), a distance of 413.5 1';
THENCE., South 87 deg. 04 min, 58 see. West, a distance of 145.18', to a point for the
Southwest corner of the herein described tract; from which a N4-AG bail, set on the South right of
way line of Emmett Avenue and the Nofth line of a tract of land described in a deed to
Downtown Brick and Tile Inc., recorded in File No. 2003021234, Official Public Records,
Jefferson County, Texas, bears South 02 deg. 55 min. 02 sec., East, a distance of 59.70; from
said MAG nail, a half -inch steel rod, found for the most northerly common corner of a (Called
0.91) acre tract of land described in a deed to Frontier Machine Works, LLC, recorded in Filc
No. 20120419525 Official Public Records, Jefferson County, Texas and a tract of land described
in a deed to Downtown Brick and Tile Co. Inc., recorded in File No. 2003015320, Official
Public Records, Jefferson County, Texas, bears South 87 deg. 04 niiii. 58 sec. West, a distance of
144.3 V; also from said MAG nail, a "X" mark in concrete, set on the intersection of the West
right-of-way line of Sabine Pass Avenue and the South right-of-way line of Emmett Avenue, for
the Northeast corner of said Downtown Brick and Tile tract recorded in Fite No. 2003021234,
bears Noilh 87 deg. 04 min. 58 sec. East, a distance of 91.54'; from said "X" mark in concrete, a
half -inch steel pipe, found for the most easterly common corner of a tract of land described in a
deed to Kevin Torres, recorded in Film Code 104-53-1142, Official Public Records, Jefferson
County, Texas and said Downtowji Brick and Tile tract recorded in File No. 2003021234, bears
South 03 deg. 25 min. 02 sec East, a distance of 206.50';
THENCE, North 02 deg. 55 inin. 02 see. West, a distance of 31.86' to a half -inch steel rod,
capped and marked "SOUTEX", set for corner;
THENCE, on the arc of a curve to the left, having a radius of 25.97', an are distance of 18.89', a
chord bearing of North 23 deg. 45 min. 03 see. West, a chord distance of 18.47' to a half -inch
steel rod, capped and marked "SOUTEX", set for corner;
THENCE, Noilb 44 deg. 35 ruin. 02 see. West, a distance of 249.27' to a half -inch steel rod,
capped and marked "SOUTEX", set for corner;
THENCE., on the are of a curve to the right, having, a radius of 263.08', an are distance of
121.16) , a chord bearing of North 31 deg. 23 min. 27 see. West, a chord distance of 120.09' to a
half -inch steel rod, capped and marked "SOUTEX", set for comer;
THENCE., the following bearings and distances to half -inch steel rods, capped and marked
f(SOUTEX77, set for comer:
North 18 deg. 11 min. 52 see. West, 22.03'
North 10 deg. 07 min. 02 see. West, 43.87"
North 11 deg. 07 min. 54 see. West, 60.27'
North 11 deg. 17 ruin. 50 see. West, 59.90'
North 11 deg. 0 1 min. 14 see. West, 60.11
THENCE , North 08 deg. 39 min. 31 see. West, a distance. of 60.50' to a "X" mark in concrete,
set for comer;
THENCE, North 06 deg. 30 ruin. 52 sec. West, a distance of 62.08" to a MAG nail, set for
comer-,
THENCE, North 06 deg. 07 min. 07 see. West, a distance of 37.98' to a "X" mark in concrete,
set for corner;
THENCE, North 04 (leg. 14 min. 07 see. West, a distance of 39.55' to a "X" mark in Concrete,
set for corner;
THENCE, North 04 deg. 12 min. 46 see. West, a distance of 32.52' to a half -inch sie-el rod,
capped and marked "SOUTEX", set for corner;
THENCE, North 04 deg. 38 min. 31 see. West, a distance of 22.58' to a half -inch steel rod,
capped and marked "SOUTEX", set for corner;
THENCE, North 03 deg. 16 min. 53 see. East, a distance of 36.47' to a half -inch steel rod,
capped and marked "SO UTEX", set for corner;
THENCE, on the are of a curve to the right, having a radius of 173.00', at 35.96' along said arc,
passing a concrete monument, found on the line described in said boundary line agreement, for
the Southwest corner of the (Called 0.212) acre tract, and continuing a total arc distance of
53.81 " to a concrete nionument found for corner; said curve having a chord bearing of North 12
deg. 11 min. 33 sec. East, and a chord distance of 53.60';
THENCE,, on the are of a curve to the left, having a radius of 127.00', an are distance of
144.233 , a chord bearing of North 11 deg. 28 min. 42 sec. West, a chord distance of 136.60' to
the POINT OF BEGINNING., and containing 1.819 acres of land, more or less.
This description is based on the Land Survey made under the direct supervision of Randall Alvey
Creel,, Registered Professional Land Surveyor No. 6678 on January 15, 2019.
City of Beaumont
18-1111-Rev 1
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TTACHMENT
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GENERAL NOTE
I,
PORT PROPERTY I$ SHOW0 AS HATCHED.
2,
CITY -FO REZONE AREA AS PORT DISTRICT AND
RELEASE INTEREST (DEED/ADAND N) TO PORT
SHOWN It`d YELLOW, I ICLUDING A14Y LMLF Y
EASEMENTS NOT SF3OWN. CIT S RELEASE
C01M11GENT UPON PORT OWNING PROPERTY
SERVED BY SATO STREETS.
3,
EXTENTS OF PORT PROPERTY SHOWN FOR
REFERENCE ONLY.
I
REVISIon/Issul-
YYYY/Mro1f DD
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BEAU M 00' N T
AftT �
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AN,
SOUTH END PROPERTY
IMPROVEMENTS
3 FUTURE STORAGE LOT 20 2-01- 5
Scale: NTS BM B SP3
ATTACHMENT C
PO PRO] E T 110n 60
TTACHM T
GENERAL WARRANTY DEED
From the Port of Beaumont Navigation District of Jefferson
COLIM)f "I'CX,c'IS to the City of BcaLlIllOtlt
PZ2023-41 1: Request for a Rezoning from LI (Light I nd ustria 1) to P D (Port Deveiopm ent District).
Applicant: Port of Beaumont
Location: 1200 Park Street
0 100 200
1 1 1 1 Feet