WEST AUSTIN BUSINESS PARK
↓
COMMUNITY COMMITMENT
In February of 2024, Velocis and KBC Advisors began construction on the West Austin Business Park. The permitting and notification process was followed as outlined by a development agreement approved by the Bee Cave City Council in 2015. After six months of construction, public opposition arose and was accelerated due to misinformation being spread in the community, on social media, and by elected officials. Soon thereafter, the City of Bee Cave filed a lawsuit and construction on the project stopped due to a temporary restraining order issued by a Travis County Judge. Velocis and KBC Advisors are confident the lawsuit is without merit and they both maintain a firm commitment to completing the project.
In an effort to stay in closer communication with the community, Velocis and KBC Advisors commit to sharing additional information regarding Project updates, construction, and pending proceedings. We have a demonstrated track record of being good partners to the communities in which we operate, and the West Austin Business Park is no different. Once complete, the Project will provide space for critical local services to the surrounding area and support the local economy. We look forward to a resolution with the City of Bee Cave and other parties.
ABOUT
What is the West Austin Business Park?
The West Austin Business Park will primarily serve the immediate West Austin community, with a tenant mix driven by local demand. Tenants will occupy spaces that vary in size, determined by the nature of the use and business type. Target tenants include businesses with a current presence in the surrounding area.
What is the Project vision for the West Austin Business Park?
Tenant inquiries to date, along with target tenants, include small to medium-sized businesses that operate business-like home furnishing showrooms, storage and showrooms for residential tile, countertops, appliances and fixtures, hospital and medical supply companies, pool, plumbing and HVAC service companies, residential and commercial moving companies, fine wine storage, food and beverage storage, and recreational sports facilities like indoor batting cages, trampoline parks, pickleball courts and gyms. Additional uses could include local storage for party and equipment rentals, or general office space leased at a lower price point than downtown real estate.
TIMELINE
NOVEMBER 2015
The Property and several hundred acres of additional land owned by WS-COS (Wheelock) is added to the City of Bee Cave’s Extra-Territorial Jurisdiction (ETJ) as part of a Development Agreement with the City, WS-COS, and the Covert Family. Per the testimony of the attorney who drafted the Development Agreement, the former Bee Cave city attorney said the City’s primary goal with the Development Agreement was to avoid pending litigation with the Covert family related to another site within Bee Cave city limits.
MAY 16, 2023
As is customary for a development like this, KBC Advisors puts the Project site under contract to purchase in its name prior to eventually assigning the contract to the future ownership entity.
NOVEMBER 1, 2023
WS-COS sends certified mail to the City of Bee Cave to provide notification of the forthcoming transfer of land in the Eastland tract, per the Development Agreement.
NOVEMBER 29, 2023
Velocis purchases the Property. WS-COS sends written notice to the City of Bee Cave informing them about the sale, the timeline for construction, and intended use of the Property.
FEBRUARY 5, 2024
Velocis and KBC, via Malone Wheeler, submit a signed and sealed Self Certification Letter to the City of Bee Cave prior to construction, per the Development Agreement. WS-COS sends notice to the City of Bee Cave to provide notification of the forthcoming transfer of land in the Eastland tract, per the Development Agreement.
FEBRUARY 27, 2024
Velocis and KBC, via Malone Wheeler, send construction plans for the Project to the City of Bee Cave, which were acknowledged by the City Manager.
FEBRUARY 2024
Velocis begins construction.
AUGUST 14, 2024
The City of Bee Cave files a lawsuit and an application for a temporary restraining order (TRO) to stop construction. Velocis, KBC and WS-COS did not receive notification prior to this filing.
AUGUST 16, 2024
A Travis County Judge denies the city’s request to immediately halt construction via a TRO.
AUGUST 23, 2024
Velocis responds to the City of Bee Cave’s lawsuit, protesting the claim and stating the company followed all notice requirements outlined within the development agreement.
SEPTEMBER 20, 2024
The City of Bee Cave files an amended petition to stop construction.
SEPTEMBER 27, 2024
Epright Homes joins the City of Bee Cave’s lawsuit.
OCTOBER 18, 2024
A Travis County Judge approves a TRO to stop construction.
NOVEMBER 1, 2024
The TRO is extended until the date of the temporary injunction hearing.
Velocis files a counterclaim.
NOVEMBER 9, 2024
Co-defendant WS-COS files a counterclaim.
NOVEMBER 12, 2024
A temporary injunction hearing takes place in Travis County.
DECEMBER 12, 2024
The deadline for closing arguments to be submitted to the Judge to then issue a final ruling.
MARCH 2025
Construction of the business park is expected to reach substantial completion.
MYTHS FROM SOCIAL MEDIA & CITY STATEMENTS
MYTH
THIS PROJECT IS GOING TO BE A MASSIVE DISTRIBUTION CENTER OR A “TRUCK TERMINAL”.
FACT
The West Austin Business Park is a three-building development being built on a speculative basis, and there are no confirmed tenants for the property. The buildings are expected to be a mix of warehouse and office space. Targeted users include businesses that provide ancillary services to new homes, locally owned businesses, and tenants occupying less than 20,000 square feet. This tenant mix does not include heavy truck operations. The building configuration, the location in West Austin, and site topography are not meant for heavy distribution.
MYTH
THE PROJECT IS BEING BUILT WITH NO GOVERNMENT OVERSIGHT.
FACT
There is oversight of the Project. Travis County has issued a Class A permit and inspected the construction site regularly, including Stormwater Pollution Prevention Plan measures, with no issues to date. The Project has also received approval from other government entities including TCEQ and Lake Travis Fire Rescue.
Per the testimony of the attorney who drafted the Development Agreement, the City of Bee Cave did not want oversight over the land because it did not have the staff to oversee it
MYTH
THE CITY OF BEE CAVE HAD NO KNOWLEDGE OF THIS PROJECT.
FACT
The City of Bee Cave was provided with written notice of this Project on three separate occasions prior to the start of construction via the City Manager, City Engineer, Assistant City Manager, and Certified Mail.
MYTH
THE DEVELOPER VIOLATED THE DEVELOPMENT AGREEMENT.
FACT
Because the Property lies within the City of Bee Cave’s extraterritorial jurisdiction (ETJ), it is not subject to the application of the City’s zoning ordinances. The Development Agreement expressly permits commercial use which, in both the City’s code from 2015 (at signing of the Development Agreement) and February 2024 (prior to construction), includes warehouse use. The Development Agreement also explicitly states that the Design Review Committee is the final authority on land use, not the City of Bee Cave.
No Project in the Eastland Tract has ever gone through the typical and formal city approval process because the Development Agreement specifically lays out a separate and unique process for all property in the Eastland tract. The same process was followed as with all the other Projects in the area subject to the Development Agreement, including the Artesian Apartments, 7-Eleven, and Surf Thru Express Car Wash, among others. The West Austin Business Park is being treated differently.
Per the testimony of the former City Manager, Velocis and KBC complied with the Development Agreement.
MYTH
THE DEVELOPER PLANS ON 890 SEMI-TRUCKS PER DAY GOING TO THE INDUSTRIAL PARK.
FACT
The Traffic Impact Analysis (TIA) determination approved by Travis County projects there will be 890 total vehicle trips per day, which equates to 445 vehicles round trip.
Per supplemental traffic analysis from a licensed engineer, the truck portion of the traffic vehicles is projected to be 150 trips per day -- a total of 75 trucks per day that vary in size. Importantly, the definition of “trucks” includes both medium and heavy-duty trucks. This includes commercial vans, box trucks, or 18-wheelers.
MYTH
THE DEVELOPMENT WILL CAUSE INCREASED TRAFFIC.
FACT
Projections show there will be 64% less traffic because of warehouse use as compared to the original general office commercial use cases in the Traffic Impact Analysis for the master planned development. As a reference point, shopping plazas with supermarkets have more than 14,000 total trips a day and shopping centers greater than 150,000 square feet see more than 5,500 trips per day.
SH 71 has approximately 35,000 vehicles per day on this stretch of roadway, and TxDOT is in the process of creating a raised median along SH 71 to improve road safety. The Project’s projected influence on existing traffic flows is minimal.
MYTH
THE PROJECT WILL BE A 24/7 OPERATION.
FACT
There is no plan or intention for the site to accommodate 24/7 operations.
MYTH
THE CITY OF BEE CAVE WAS NEVER PROVIDED WITH PLANS FOR THE PROJECT.
FACT
Even though the Development Agreement does not require or allow the City to review, comment, or approve construction plans, Malone Wheeler provided plans to the City in February 2024. The plans were acknowledged by the City Manager.
MYTH
THE PROJECT WAS THE BENEFICIARY OF EXPEDITED AND HASTILY APPROVED PERMITS FROM TRAVIS COUNTY AND OTHER GOVERNMENTAL ENTITIES.
FACT
The permitting process took over nine months. The first permits were submitted to Travis County, TCEQ, Lake Travis Fire Rescue, and Lazy Nine MUD District in February of 2023. After four rounds of comments from all parties, which took approximately six weeks of review per comment period, permits were received. Velocis did not receive special treatment from any permitting authority.
MYTH
THE DEVELOPER HAS NOT WORKED WITH THE SURROUNDING RESIDENTIAL DEVELOPERS.
FACT
In February 2024, Velocis provided Project renderings at its sole cost and expense to homebuilders in Madrone Canyon and subsequently met with them to discuss possible aesthetic enhancements to the Development, including additional landscaping and a lighter color mortar in the retaining wall facing southwest, which have been implemented into the design. The developer of Madrone Canyon approved these upgrades and provided no indication that they were dissatisfied.