The ruling comes after two court hearings Nov. 12 and Nov. 20, wherein the city of Bee Cave sought a temporary injunction and a halt to construction at the site. All legal relief requested by Bee Cave was denied, with only part of their request for a temporary injunction, pertaining to noise disturbances, being fulfilled. Velocis’ plea to dismiss the case was also denied.
Eppright Homes, representing the neighboring Madrone Canyon, requested legal relief alongside Bee Cave but were denied as well.
The overview
The West Austin Business Park, a 270,000-square-foot distribution facility currently under construction in the Sweetwater Development, is located in Bee Cave’s extrajudicial territory near the intersection of Hwy. 71 and Serene Hills Drive. Developers first signed a development agreement with the city in 2015, though current city officials state that they were not made aware of the development prior to the start of its construction.
According to Eiserloh’s letter, issued to developers and city officials Jan. 15, a violation of the business park’s development agreement with the city was made evident through court filings, evidence at court hearings and post-hearing briefs.
On Nov. 12, at the first of the two court hearings, Sgt. Keith Howard with Bee Cave Police testified, sharing evidence of noise levels near the construction site reaching 98.8 decibels on his sound metering device at midnight Oct. 9, far exceeding the city’s allowable level of 60 decibels during the night.
If permitted to continue construction in this fashion, the development would cause “imminent and irreparable harm to surrounding residences by exceeding the permissible limits under city of Bee Cave Ordinance 32.05.008,” according to Eiserloh’s letter.
What they're saying
Representatives of Velocis and Bee Cave shared statements following the ruling, with contrasting interpretations on the outcome.
“In today’s Order, the Court flatly rejected the City of Bee Cave’s attempt to halt our project and expressly allows our team to resume construction and complete the project safely and in compliance with the noise guidelines established by the Development Agreement,” Velocis partner Paul Smith said in an email statement. “Our team is committed to finding a quick resolution to any outstanding concerns which will avoid a long and costly trial for the City of Bee Cave and its taxpayers.”
The city of Bee Cave responded to Velocis’ statement by saying that the developers misrepresented the outcome of the hearings, and that the ruling in fact supports the city’s claim that the development agreement was breached while confirming harm done to nearby residents.
Additionally, the city said that if the development continues construction, further noise ordinance violations would likely occur.
“We believe Defendants’ [Velocis’] proposed use of an industrial distribution center would further violate this order if they follow through with their original plans, as the order limits any use that would exceed the permissible limits in the noise ordinance,” the city said in an email statement.
The city claimed that Velocis has followed a pattern of evading city oversight, contradicting developer’s claims to seek a quick resolution to city concerns.
“The city’s legal team is continuing its investigation into that pattern and will amend its pleadings as necessary,” the city said in its statement. “The city remains focused on ensuring accountability and protecting the community from this industrial warehouse.”
What’s next?
A trial is set for Aug. 18, in which the merits of Bee Cave and Velocis’ case will be argued.
Until then, Velocis will be permitted to continue construction. According to the West Austin Business Park’s website, construction is expected to reach substantial completion by March.
