Developers now required to follow Bee Cave’s noise ordinances with construction of warehouse facility

In Bee Cave, the fight to stop construction of a large warehouse facility near the Madrone Canyon neighborhood continues.

On Dec. 20, a Travis County judge granted an application for the plaintiff (The city of Bee Cave and home builders in the area) and the defense (the developers) to submit drafts of temporary injunctions on the project, that would force the developers to follow all of the city’s noise ordinances.

Neighbors in the area have argued that construction of the facility has caused major noise, light and environmental pollution near their homes. For months, they’ve been fighting to get a second temporary restraining order to stop the project, until they a full jury trial can be scheduled.

Back in October, a Travis County judge granted a temporary restraining order that stopped construction on the project for 14 days, until they could hold more temporary injunction hearings.

In November, the court heard from the city and developers two more times before the judge decided to let them submit drafts of a temporary injunction, on the basis of developers needing to comply with the city’s noise ordinances.

During the hearings, officials representing the City of Bee Cave expressed concern about what they said looked like the construction of a manufacturing facility with 80 18-wheeler bays.

The developers argued in response that the city’s concerns are speculative because they have not yet agreed on a tenant for that space.

On the developers' website about the West Austin Business Park that’s being constructed near the Madrone Canyon neighborhood, developers describe the building as “a mix of warehouse and office space.” It goes on to say that it will "not include heavy truck operations, contrary to what the City of Bee Cave has been arguing."

But even so, the city and neighbors are concerned about how this warehouse could affect the neighborhood in the future.

"The idea that an industrial site, an industrial development is compatible and complementary to the hill country residential area, I think even a layperson common sense evaluation shows that's just not the case," said Crystal Cotti, the director of communications for the City of Bee Cave.

Background on the project

This all stems from a Development Agreement made with the City of Bee Cave in 2015 to transform 400 acres of land in the city's extraterritorial jurisdiction (ETJ), known as the "Eastland Tract", into a mix of residential and commercial spaces.

The city claims they had no knowledge of what this specific area of land near the intersection of SH 71 and Serene Hills Drive would turn into, and that the developers did not receive proper permitting.

Developers dispute these claims, and say that the project received approval from several government entities like the Texas Commission on Environmental Quality (TCEQ) and Lake Travis Fire Rescue. Since this property is in the city's ETJ, developers claim it didn't have to go through the typical city approval process for the project, and was not subject to the city's zoning ordinances.

According to the original Development Agreement, developers also claim the Design Review Committee is the deciding factor of what the land gets used for, not the city. The agreement also permits commercial use, which includes warehouse use.

What's next for the project?

Construction on the project is expected to continue even though the judge approved the application for a temporary injunction.

Both the city and developers will have until Jan. 10 to submit drafts of their temporary injunction. If they are not able to agree on the terms of the injunction, the judge said she would allow them to submit competing versions for her to decide on. All other temporary restraining order relief related to the project was denied by the judge.

The judge also ordered both sides to come up with a date for a jury trial that is expected to take place sometime next year.

According to the developers, construction of the West Austin Business Park is expected to be mostly completed by March 2025.

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