What Will Happen Should Trinity Estates Flood?

Questions over Trinity Estates Phase III returned to Benbrook City Hall Thursday, taking up more than 35 minutes of the Aug. 6 City Council meeting.

At the center of the discussion was a legal opinion requested after residents continued questioning whether the city properly applied its development and floodplain ordinances when approving Trinity Estates Phase III.

Speaking throughout this time, Assistant City Manager Ethan Cox said the City Attorney, represented by the law firm Taylor Olson Adkins Sralla & Elam, LLP, reviewed the matter and concluded staff acted within its authority and the city was legally required to approve the plat.

Benbrook City Council considered releasing that legal opinion to the public by waiving attorney-client privilege.

But the conversation quickly returned to an issue residents have raised for months, if not years: What happens to people entering or leaving Trinity Estates during a major flood?

Councilmember Keith Tiner asked whether city ordinances require ingress and egress to be above the base flood elevation. City officials said there is no such specific requirement.

Floodplain Administrator Bennett Howell said anticipated flooding would develop slowly enough for the city to communicate with residents and potentially close roads, shelter residents or evacuate if needed. He also said the development did not adversely affect the floodplain.

However, some residents, many of whom call Trinity Estates home, remain unconvinced. They point to a city floodplain ordinance requiring officials to consider the “safety of access routes” for ordinary and emergency vehicles when reviewing development permits. They have also raised questions about earlier city communications concerning safe access to Phase III.

That leaves two very different views of the same development. City officials maintain the Phase III plat met the requirements they were legally obligated to apply, while the residents challenging the project believe questions about flood access remain unanswered.

The legal opinion may clarify the city’s position, but it likely will not end the conversation, especially should the creek ever rise to tell a different story of its own.

Residents who want to review city documents related to Trinity Estates can also submit a request through the Benbrook Public Information Request Portal.