By Bryce Abshier – Contact Bryce@VoiceofSouthMarion.com
Belleview’s annexation plans for a neighboring community have hit a serious roadblock, courtesy of fired-up Golf Park residents and some legal pushback.
In a packed Planning and Zoning Board hearing held Tuesday, September 10, at Belleview City Hall, residents of the Golf Park subdivision voiced strong opposition to the city’s attempt to annex their community. The Golf Park Property Owner’s Association, representing 77 members across 79 lots, hired attorney Jerry L. Hanbery of Maitland, Florida, to represent them in the matter. Hanbery delivered a six-point argument to the zoning board, urging Belleview to abandon its annexation efforts.
The opposition centers on a plan initiated by the City of Belleview to annex both Golf Park and The Fountains at Golf Park, two residential subdivisions. According to the city’s plan, this annexation would bring 57 parcels across 27.20 acres into Belleview’s city limits. The properties, located east of Baseline Road and north of the Diamond Ridge subdivision, are privately owned residences.
In letters sent out to property owners, the city has cited advantages for annexed properties, including improved utilities and emergency services. However, many residents remain unconvinced, especially in Golf Park.
Legal Pushback
Golf Park residents aren’t rolling over quietly as Belleview’s annexation plans could face a legal showdown. The residents made their displeasure clear during the recent Planning and Zoning Board hearing. Attorney Hanbery argued that Belleview’s annexation efforts were not only ill-timed but also legally unsound. He was critical of the city for waiting over 22 years to act on annexation agreements, asserting that the city had “abandoned any enforcement authority.” It was highlighted that only 25 of the 78 annexation agreements were signed by current homeowners, with the rest coming from previous owners. As such, many in Golf Park community say they were unaware that these covenants existed.
Belleview City Attorney Fred Landt acknowledged concerns surrounding these agreements. “The covenants that were mentioned, as far as I know, there is a covenant on each of the lots,” he said. “The covenants are designed to be recorded, and the city’s policy has been to record them on the public records of Marion County, in which case any subsequent owner should get notice.” However, he said that not all agreements may have been properly filed. “There may be some of the covenants or agreements that have not been recorded,” Landt added. “I know that the homeowners association requested a copy of all of them, and once they have been collected to give to them, I’ll have an opportunity to look at them and to verify if there are any that were not recorded on the public record.”
Landt also weighed in on the argument that these agreements may no longer be enforceable due to their age. “I have advised (Belleview) staff that there is a concern with the covenants, with some of them being over 20 years old and whether they will be enforceable,” he said. “I will not give you a yes or a no answer on that because I think a court will decide it. It is a valid argument from the homeowner’s position that they’re so old they should not be enforced. They’re not automatically dead and unenforceable; we’ll have to look at all the facts surrounding them.”
The representation for the property owners went on to note that Belleview had not yet completed a required feasibility study per Florida Statute 471, further undermining their cause. He also pointed out what he described as “multiple inconsistent statements” regarding who would bear the cost of sewer and other annexation expenses.
Distrust and Communication Breakdown
For some in Golf Park, fueling the opposition is the perception that Belleview has mishandled communication about the annexation. Residents cited a letter they received from the city, which gave the impression that the annexation was a foregone conclusion and would happen imminently. The letter’s opening paragraph read, “The City of Belleview will soon begin the annexation of properties in the Golf Park and The Fountains subdivisions… The annexation process will begin in the next few weeks and will be complete by December.”
One Golf Park resident, while addressing the zoning board, stated that the way the process was communicated damaged trust between Golf Park citizens and the City of Belleview. “The way this was pushed to us, without giving us an opportunity to have a dialogue or a conversation, damages the trust between the citizens and the city. And that’s not something that can be easily overcome,” he said.
The Road Ahead
At the close of the meeting, City of Belleview staff recommended a deferment on proceeding with the annexation process to a “time uncertain”. This deferment, they said, would allow the city to conduct more research and work toward mutually agreeable terms with the residents of Golf Park. A motion to approve the city’s recommendation for a deferment was adopted by the Planning and Zoning Board to a time uncertain.
A letter received by Golf Park residents from Belleview stated, “The City will soon begin the annexation of properties in Golf Park and The Fountains… The process will start in the next few weeks and be complete by December.” A Golf Park resident told the zoning board that this approach eroded public trust by bypassing dialogue.
