Polk County won't appeal ruling blocking animal park

Polk County will not challenge a recommended order by an administrative law judge that says the county violated its own land use policies when it granted a controversial animal park permission to continue development.

The park is owned by former Lowry Park Zoo executive Lex Salisbury and his business partner, veterinarian Dr. Stephen Wehrmann. It is opposed by neighbors, who claim it will ruin their rural lifestyle and by Florida's Department of Community Affairs, because of the park's location.

Last month, Administrative Law Judge David Maloney determined the project should not be allowed because it sits in the Green Swamp and the county's own land use rules prohibit such a facility.

The department has the authority to appeal any development order issued in an "area of critical state concern," to the Florida Land Use Adjudicatory Commission. That commission comprises the governor and the Florida Cabinet.

After a series of hearings, Maloney issued an opinion and a recommended order last month siding with the state.

On Friday, James Miller of the Department of Community Affairs, confirmed in an e-mail that "county officials have decided not to file an appeal or to extend the case any longer.

"The next step is for the ALJ's decision to come before the governor and Cabinet at an upcoming Cabinet meeting, at which point they will sign off on it," Miller wrote.

That is welcomed news to neighbors who claim they were blindsided by the park and the county.

In June 2006, Polk County gave the "Florida Animal Park" the tentative go-ahead, issuing an administrative determination that found the potential for nuisance was low and the park should fit into the "recreation/low intensity" land use category, meaning the project did not need a public hearing.

Plans called for Safari Wild to house 1,000 animals. It would offer guests an experience in guided game tours through open areas. The park was to include a petting zoo, a restaurant, and up to 500 visitors a day would be greeted in a large welcome barn.

Safari Wild sits on about 260 acres of land in Lakeland off Moore Road.

It also sits in the Green Swamp and that prompted the state to challenge Polk County's 2009 development order allowing Salisbury and his business partner to move ahead with the project.

The swamp provides much of Central Florida with drinking water and only specific development is allowed within the swamp.