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Committee grants variance allowing longtime Jacksonville daycare to operate despite local 2,500‑foot buffer
Summary
The City Council Land Use & Zoning Committee voted 6–0 to grant an appeal (ordinance 2025845) allowing a daycare that has operated in the neighborhood for about 20 years to continue operating roughly 1,980 feet from a registered predator, below the city's 2,500‑foot local buffer. Planning staff had recommended denial; councilmembers said neighborhood need and the record of safe operation weighed in favor of approval.
The City Council Land Use & Zoning Committee voted to grant an appeal on Jan. 6, approving ordinance 2025845 and allowing a daycare to operate at its existing location despite the city's 2,500‑foot separation requirement from registered predators.
Paul Harden, representing the daycare owner, told the committee the daycare "has historically operated as a day care center since records say early 2003" and asked the committee to reduce the local distance requirement to roughly 1,980 feet. Harden said the state minimum is 1,000 feet and argued the variance satisfies the legal criteria for a variance because the business had been at the site for about 20 years and serves a neighborhood need.
Planning Department staff recommended denial. Erin Abney told the committee staff did not find positive evidence supporting the variance criteria and noted that Jacksonville code expanded the protective buffer to 2,500 feet in 2005 "in order to protect children and to create a separated buffer between childcare facilities and [registered predators]." Staff also pointed out the site had been closed for more than six months and therefore is treated as "new" under Part 4 of the zoning code.
During questioning, councilmembers pressed on chronology, whether the offender in question owned or resided at the nearby property and legal risks if the city waived its own ordinance. Terrence Harvey of the Office of General Counsel summarized the standard: the committee's decision must be based on "competent substantial evidence" during a de novo review and some legal consequences would depend on who had standing to sue.
Daycare owner Tanya Brock described on‑site safety procedures when asked by councilmembers, saying the facility uses secure entry codes, conducts parent background checks and restricts child release to authorized caregivers. Brock said safety was "our top priority." Harden and Brock emphasized the provider's long presence and investment in the neighborhood and the local need for affordable childcare.
After brief discussion and two procedural amendments, the committee moved an amendment to grant the appeal for variance 25‑22. The clerk announced the recorded result: 6 yeas, 0 nays. By that action the committee approved ordinance 2025845 as amended, allowing the daycare to remain at its current location. Paul Harden thanked the committee and invited members to visit the site.
