Neighbors urge halt to right‑of‑way permit near Epps Park, citing flood risk and lack of appeal avenue

Tampa — Dozens of Seminole Heights residents and neighborhood advocates told the City Council they oppose a right‑of‑way permit authorizing a paved road and access for a multi‑lot development adjacent to Epps Park, saying the project lies in an AE12 floodplain and would increase flooding for nearby homes.

"The code as it is today, written advantages, of developers," Reverend Netti Estudillo told the council during public comment, calling for stronger community input and more conservative use of fill in flood‑prone areas.

Residents described a multi‑step history: a developer earlier withdrew a design‑exception application after public opposition, then resubmitted only a right‑of‑way permit (ROW‑25000247) that would pave a closed right of way and change stormwater collection in the area. Public speakers said storms in 2024 — Tropical Storm Helene and Hurricane Milton — flooded homes on North River Boulevard and Fern Street and left some houses vacant.

Technical claims and legal steps: Colin Mixon, a resident who presented engineering concerns, said the permit authorizes conversion from a curb inlet to a drop inlet and, citing an engineer, that the change would "decrease capacity of stormwater collection by 60%." Speakers urged a halt to the permit while alternative designs are explored and said the city’s own staff told neighbors the proposed road “would not last” and that the city would be left to maintain it.

Petition and statutory appeal: Neighbors said they filed a petition under the Land Use and Environmental Dispute Resolution Act (Florida Statute 70.51) seeking review of the permit; they reported that the city attorney declined to entertain the petition and that the mayor’s office denied the request for the alternative dispute process. Anna Kirkpatrick, a private attorney who assisted neighbors, said she had documents showing the developer’s representatives copied outside counsel and others on communications, which she described as intimidatory toward neighbors.

Residents’ requests: Speakers asked council to investigate why the permit was approved, whether staff reviewed the historic status of the right of way, whether alternatives were adequately considered, and whether the city took steps required before approving a right of way that has been closed for decades.

Council reaction and process: Council did not take an immediate vote to overturn the permit during the meeting. Council attorney Martin Shelby reminded members to direct any inquiries through the city attorney’s office and cautioned against council members communicating directly with parties while potential litigation or administrative appeals remain possible.

Who spoke (selected): Reverend Netti Estudillo (Friends of Epps Park), Colin Mixon (resident), Anna Kirkpatrick (attorney assisting neighbors), Matthew Radick (resident), Steve Michelini (community member), and others representing Friends of Epps Park and affected homeowners.

Clarifying details from the meeting: Petitioners identified the permit as ROW‑25000247 and said much of the proposed road and most of the subject lots sit within an AE12 floodplain. Petitioners asserted engineers had calculated the proposed inlet change would cut stormwater collection capacity by 60% and said the right‑of‑way map indicates the road has been closed for about 75 years. Neighbors reported they were told by staff that city maintenance of a paved road in that flood area would be required if the permit is built.

Status and next steps: Petitioners asked the council to investigate and to participate in any alternative dispute process available under state law. The city attorney’s office has advised council regarding potential litigation; no final action reversing the permit was recorded at the meeting.