Santa Rosa’s thorny Ibis Road issue likely to be settled in court
By Sandra Averhart
April 25, 2025 at 2:48 PM CDT
Santa Rosa County commissioners have taken steps this week to address the concerns of Avalon Estate residents who are upset about the construction of a new road connecting their Ibis Road cul-de-sac to a new subdivision. Despite action to halt work on the road, the board is being pressed to do more to ensure it won’t be completed in the future.
After residents formally brought the issue to the county commission on Monday, Chairman Kerry Smith took the lead on board action to amend a development order to prevent the developer, Heaton Brothers Construction, from proceeding with construction of the road on the county-owned parcel. Also, concrete barriers were erected to prevent access.
“I can tell you this, Ibis Road will not be connected and I think I have support for that,” declared Smith on Monday, after admitting that months before he was misled to believe — and assured residents — that there wouldn’t likely be a road, without a vote by the board.
Still not satisfied during Thursday’s regular meeting, resident Joanne Swahlan suggested possible efforts to sidestep terms of a long-standing pact between the Board of County Commissioners, Heaton Developers, and Avalon Estate residents, dating back to 2001 and most recently in 2022.
“I can find years and years, layer upon layer of agreements to support the right of the developer to develop, to increase density with zoning from the original, with the explicit component to maintain the integrity of a small existing cul de sac community, while not accessing it for a subdivision.”
That small community, she said, is Avalon Estates.
Trinity Colburn, who lives next to the under-construction cut through, pointed out that he’s been documenting the various agreements between the county and developers over the years and is ready to have the issue settled.
“Who will shoulder the financial consequences in property value loss?” asked Colburn. “Will it be the innocent victims in Avalon Estates, or will it be the developer who had an active hand and an active role in this debacle? I anxiously await this board’s answer to these questions. Thank you.”
All of the residents want the board to permanently block Ibis Road as an access to the subdivision, as previous agreements have indicated. Some asked for removal of the recently built curbs and other infrastructure so the property can be returned to its original state with grass and trees.
In his response, Chairman Smith, who represents the district where the community is located, said it’s a complicated issue that the developer is now looking to settle in court.
“They had the right to build the road at that point, and we stopped it,” Smith said. “And being as they’re challenging it, we don’t have the right to really tell them to take it out."
He added that the county could remove the road, but that doesn't appear likely any time soon because the matter is heading to court.
Speaking Thursday, Stephen Moorhead, an attorney representing Heaton Brothers, complained about significant vandalism of their equipment and what he called the “appalling” lack of due process to this point.
“Clearly, that hasn’t happened here,” said Moorhead. “The decisions have already been made; you’ve already announced what your decisions were, and you have yet to 1) call us and let us know what’s going on or 2) give us an opportunity to talk to you. This is the first chance that we’ve had to do that.”
Other local developers were equally concerned about the project being halted without notice.
“It sets a dangerous precedent that undermines the integrity of the development process of Santa Rosa County,” said Austin Tinpenny, president of the Homebuilders Association of West Florida. “When a development order is approved, it represents more than a rubber stamp. It represents the culmination of a detailed process with planning, engineering, legal review, and financial investment based on the good faith that the county’s word is good.”
For those on both sides of the issue, their trust in Santa Rosa commissioners has been compromised again.
“Shame on everybody involved that this has gotten to where it’s at,” said Pea Ridge resident Sherry Chapman, who noted that this latest situation doesn’t help people move past their distrust of previous boards.
Although Commissioner Colten Wright said he understood the public’s broken trust, he bristled at the constant attacks on their character.
Specifically, on the Ibis Road issue, he indicated he would oppose a vote to close it off permanently, suggesting that a future scenario might warrant opening it up.
But, after all the back and forth, he said that he welcomes court intervention to settle the matter.
“I do believe in due process and I would like to see a judge be the one to answer this once and for all, because I want to know how we got here, because it is a convoluting, confusing mess,” said Wright.
After residents formally brought the issue to the county commission on Monday, Chairman Kerry Smith took the lead on board action to amend a development order to prevent the developer, Heaton Brothers Construction, from proceeding with construction of the road on the county-owned parcel. Also, concrete barriers were erected to prevent access.
“I can tell you this, Ibis Road will not be connected and I think I have support for that,” declared Smith on Monday, after admitting that months before he was misled to believe — and assured residents — that there wouldn’t likely be a road, without a vote by the board.
Still not satisfied during Thursday’s regular meeting, resident Joanne Swahlan suggested possible efforts to sidestep terms of a long-standing pact between the Board of County Commissioners, Heaton Developers, and Avalon Estate residents, dating back to 2001 and most recently in 2022.
“I can find years and years, layer upon layer of agreements to support the right of the developer to develop, to increase density with zoning from the original, with the explicit component to maintain the integrity of a small existing cul de sac community, while not accessing it for a subdivision.”
That small community, she said, is Avalon Estates.
Trinity Colburn, who lives next to the under-construction cut through, pointed out that he’s been documenting the various agreements between the county and developers over the years and is ready to have the issue settled.
“Who will shoulder the financial consequences in property value loss?” asked Colburn. “Will it be the innocent victims in Avalon Estates, or will it be the developer who had an active hand and an active role in this debacle? I anxiously await this board’s answer to these questions. Thank you.”
All of the residents want the board to permanently block Ibis Road as an access to the subdivision, as previous agreements have indicated. Some asked for removal of the recently built curbs and other infrastructure so the property can be returned to its original state with grass and trees.
In his response, Chairman Smith, who represents the district where the community is located, said it’s a complicated issue that the developer is now looking to settle in court.
“They had the right to build the road at that point, and we stopped it,” Smith said. “And being as they’re challenging it, we don’t have the right to really tell them to take it out."
He added that the county could remove the road, but that doesn't appear likely any time soon because the matter is heading to court.
Speaking Thursday, Stephen Moorhead, an attorney representing Heaton Brothers, complained about significant vandalism of their equipment and what he called the “appalling” lack of due process to this point.
“Clearly, that hasn’t happened here,” said Moorhead. “The decisions have already been made; you’ve already announced what your decisions were, and you have yet to 1) call us and let us know what’s going on or 2) give us an opportunity to talk to you. This is the first chance that we’ve had to do that.”
Other local developers were equally concerned about the project being halted without notice.
“It sets a dangerous precedent that undermines the integrity of the development process of Santa Rosa County,” said Austin Tinpenny, president of the Homebuilders Association of West Florida. “When a development order is approved, it represents more than a rubber stamp. It represents the culmination of a detailed process with planning, engineering, legal review, and financial investment based on the good faith that the county’s word is good.”
For those on both sides of the issue, their trust in Santa Rosa commissioners has been compromised again.
“Shame on everybody involved that this has gotten to where it’s at,” said Pea Ridge resident Sherry Chapman, who noted that this latest situation doesn’t help people move past their distrust of previous boards.
Although Commissioner Colten Wright said he understood the public’s broken trust, he bristled at the constant attacks on their character.
Specifically, on the Ibis Road issue, he indicated he would oppose a vote to close it off permanently, suggesting that a future scenario might warrant opening it up.
But, after all the back and forth, he said that he welcomes court intervention to settle the matter.
“I do believe in due process and I would like to see a judge be the one to answer this once and for all, because I want to know how we got here, because it is a convoluting, confusing mess,” said Wright.