In a five-page letter to the Alachua County Commission, a lawyer questioned on behalf of Melrose residents whether the new WildFlowers Music Park violated its temporary use permit.
Melrose is an unincorporated community shared between Alachua, Bradford, Clay and Putnam Counties. It has no local government or official municipality. The park’s 270-acre event space required a temporary use permit, which allows for special events of up to three days long.
Following a six-hour debate, the Alachua County Commission approved the temporary use permit in February with two conditions: WildFlowers must post no trespassing signs along boundaries of the park and no parking signs near private property on Northeast 35th Street.
The WildFlowers Festival of Music and Dance was held March 13-15.
Anthony Sabatini, a Lake City commissioner and lawyer for Sabatini Law Firm, said the dispute over the legality of the permit could grow if nothing changes.
“Depending on what the county finds, if they’re not willing to revoke this or change the conditions or stop the abuse of the permit, then we’ll file a lawsuit,” Sabatini said.
Alachua County commissioners have previously said this was a one-time permit.
The letter outlined five major points: possible failure to comply with tent conditions specified in the permit, bypassing county permitting processes by constructing right-of-way improvements before approval, possible use of property outside its scope, a lack of an agricultural nexus and possible expansion beyond intended scope.
An agricultural nexus refers to the park’s standing as an agricultural tourism destination.
Sabatini said these patterns of noncompliance, paired with the out-of-control noise associated with the festival, have led residents to speak out.
“They’re very angry because their quality of life is being destroyed by the park,” Sabatini said.
Under the temporary use permit, the commission required permits be obtained one week prior to the event for tents exceeding 900 square feet. The letter said county records contained unresolved applications shortly before the event.
The letter also pointed out a construction of right-of-way improvements — specifically a limerock driveway connecting to Northeast 255th Drive. County records indicated the permit application may have been submitted after construction had already begun, the letter said.
Additionally, the document questioned whether the property was used outside of its scope. Under the permit, the property was approved for camping, vendor areas, parking and event infrastructure. However, the letter requested the county investigate whether unapproved activities took place.
Lastly, the letter called for the commission to determine whether the festival served as an agritourism event as the temporary use permit required. It alleges the event focused primarily on musical performances, camping and other commercial entertainment, including little to no agricultural activity.
Sabatini said the county is investigating these potential violations, and if the county doesn’t do the “right thing,” there may be further legal action.
Mark Sexton, the spokesperson for the Alachua County Commission, said the commission declined to comment on potential legal matters.
For Robert Karl Hutchinson, the park’s permit applicant, the most disruptive force was the neighbors, not the festival.
“The neighbors were saying to the government, ‘Please protect us from these peaceful people coming out to listen to beautiful music and nature,’” Hutchinson said. “In reality, what we needed to do is be protected against these neighbors who were threatening violence.”
Hutchinson described one resident who spent entire days honking an air horn to irritate festival attendees. He described others with firearms, including automatic weapons, shooting hundreds of rounds of ammunition into the air.
Hutchinson said he got involved with WildFlowers Music Park as a land conservation project to step away from the stress of public life. Hutchinson, a former Alachua County commissioner, was heavily involved in the introduction of the Wild Spaces & Public Places surtax and was the executive director for Alachua Conservation Trust.
Hutchinson said he knew there would be concerns about traffic and noise, and the park would do everything it could to mitigate the concerns — but the conflict turned into something he didn’t expect.
Many opponents aren’t Melrose residents, he said, but instead individuals participating in what he called a “culture war.”
To Hutchinson, it felt like some individuals didn’t want people different from them entering their community and participating in cultural activities. He wanted the festival to be something that unites the community, he added.
Getting the permit was extremely complex, Hutchinson said, requiring hundreds of pages of applications, thousands of dollars spent on traffic engineering studies and nine permitting agencies.
He responded to multiple claims within the letter, such as the agricultural nexus claim, which he said was unfounded because anyone with a plot of land can get a temporary use permit. If the park wanted to hold festivals that didn’t require a temporary use permit, he added, it would have to hold agricultural activities in addition to the festival.
Hutchinson also said all tents at the festival were inspected and had fire ratings posted, along with extinguishers and exit signs. He suggested a county employee may have filed the paperwork late.
In response to the claim about right-of-way improvements without a permit, Hutchinson said the road inspector arrived March 10 and the site needed to add limerock to the entrance as required by the county. Hutchinson said the park filed an online application for a permit and was granted it two days later.
He also said he believed WildFlowers complied with the temporary use permit, and the event addressed several resident concerns about the park, like policing. The event was overseen by sheriff deputies, additional police and an ambulance crew around the clock. The park also hired Arise Event Services, a professional first aid organization.
The additional oversight cost the park about $25,000, Hutchinson said.
He believed none of the festival attendees were problematic, he added, and said there were no conflicts or drug-related incidents.
Various state agencies have investigated the area in response to complaints, he said. Gopher tortoise and water management inspectors visited the site to investigate environmental complaints, he added, and inspectors cleared the park in both instances.
“It’s been frustrating to watch the government be used as a way to harass us from people who are basically anti-government,” Hutchinson said.
Contact Logan McBride at lmcbride@alligator.org. Follow him on X @logandmcbride.
Logan McBride is a fourth-year journalism student and this summer's general assignment reporter. He previously served as a reporter for the city/county commission, K-12 education and track & field. Logan enjoys watching sports, going to the movies and playing basketball. When he's not working, you can find him on adventures with his friends, cuddling with his cat Max, or with his girlfriend.
