AUSTIN, Texas — The city of Bee Cave wrapped up its second day in court, fighting to stop the development of a facility off SH 71 and Serene Hills Drive.
The plaintiffs, the city of Bee Cave and the home developers for the Madrone Canyon neighborhood, want the judge to halt the development of the facility until they can have a full trial in Spring 2025. Neighbors claim the facility will affect their property values and the environment around them.
“Every single resident who has shown up to come and speak to us has said that this is not a compatible, this is not a complimentary use, and this is not what they want in their community,” said Crystal Cotti, the director of communications for the city of Bee Cave.
The city argued that the construction of the facility is not in line with what had been agreed upon in the initial development agreement that was drafted almost a decade ago, expressing worry about what appears to be 80 18-wheeler bays that have been constructed on the site.
“We’re talking about a lot of heavy traffic with heavy 18-wheelers, and so you have to start thinking about how is that compatible with a residential neighborhood,” Cotti said.
But attorneys for Wheelock, one of the project's developers, still maintain that the building will be for commercial use and not industrial, therefore claiming it does not break the original agreement.
On Wednesday, an investor in the project testified that there are several varied uses for the building, and that 18-wheelers wouldn’t be coming in and out of the facility. He claims they built those bays so the building would be more adaptable to whomever occupies it.
Attorneys for the city and home developers questioned the witness about the changes to the plans for the site. Later in the day, an engineer testified that the site was formerly going to be an Amazon fulfillment center, but those plans have since been abandoned and the design of the buildings changed.
“There was some testimony today that really raised questions about what the priority was, and as far as maximizing profit versus safety, that’s the question that I think the judge has to decide on,” Cotti said.
The defense maintained its position that the development agreement stated there was no need to get approval from the city of Bee Cave, saying that developers only needed approval from Travis County, the Texas Commission on Environment Quality, the Design Review Committee, Lazy Nine MUD and Lake Travis Fire and Rescue, which they received.
Attorneys for Wheelock have declined to speak to the media until after the judge's ruling. A spokesperson for Velocis, another developer involved in the project, provided KVUE with the following statement Wednesday evening:
“Our team is thankful for the opportunity this proceeding has provided to demonstrate Velocis' commitment to the site’s development guidelines and address the misleading claims surrounding the West Austin Business Park. We look forward to presenting further information to the court, aiming for a swift resolution and the timely completion of our project.”
In lieu of closing statements, the judge is requiring both sides to send briefs. Once those are reviewed, the judge will make a decision on the temporary injunction.