Daytona Beach Shores approves moving ADA beach access to nearby Saint Kitts Park

Daytona Beach Shores commissioners voted 4-0 on May 6 to follow city staff’s recommendation to build a new Americans with Disabilities Act (ADA) dune walkover at nearby Saint Kitts Park rather than rebuilding the storm-destroyed public walkover attached to the Tuscany Shores Condominium at 2901 South Atlantic Avenue.

Stuart Cruz, community service director, told the commission the dune walkover at Tuscany was dedicated to the city by the developer in 2005 but has been repeatedly damaged by storms and is expensive to replace. “Staff is recommending option 3, which is to build a new ADA dune walkover at Saint Kitts Park,” Cruz said during a presentation that laid out six options and the regulatory, construction and reimbursement risks associated with each.

The commission’s vote followed about two hours of staff presentation and public comment. The decision matters because it determines where the city will invest public funds and which public beach access will be maintained: a reconstructed walkover at the Tuscany site, or a new, lower-elevation ADA structure at a public park one building north.

Cruz told commissioners the cost estimate for rebuilding a standard ADA dune walkover at the Tuscany location, using a basic contractor quote, is about $247,104 in current dollars before engineering, survey and permitting fees; staff estimated a comparable structure at Saint Kitts Park would cost about $86,000 before extras. Cruz said the city could face additional costs if the city engineer requires an upgraded design (larger posts and heavier construction) and noted that the Federal Emergency Management Agency (FEMA) reimbursement is not guaranteed for a new rebuild.

Cruz also summarized a 2005 agreement the city executed with the original developer, Waterfront Properties of BBS LLC, that allows the city to decline to rebuild a dune walkover that is destroyed beyond 25 percent of its value if an existing public beach access is within 500 feet. The agreement also allows the developer or its successors to construct private access at their own expense in that event; Cruz read the contract language and the execution date (Sept. 28, 2005) into the record.

Commissioners and members of the public pressed staff on safety, access and cost. Multiple residents urged the commission to replace the walkover near Tuscany because it serves nearby condo buildings and residents who use strollers, walking aids or nonmotorized mobility devices. Mike Keyes, vice president of a nearby homeowners association, said the ramp “ensures that our seniors and disabled individuals who don't drive can continue to enjoy the beauty of our beach.”

Cruz told the commission that staff favors Saint Kitts Park because the required structure there would be lower (about 11 feet versus the existing Tuscany walkover’s roughly 19.5 feet), shorter in linear deck footage (roughly 80 feet versus about 288 feet at Tuscany), and therefore less exposed to storm damage and future replacement risk. The city engineer also told staff that higher free-standing structures are more vulnerable to storm damage than lower or seawall-attached designs, Cruz said.

Staff outlined implementation conditions: any new construction at either site would require a permit from the Florida Department of Environmental Protection (DEP) because the work would be east of the coastal construction control line, and federal, state and county approvals or consultations (for wildlife or other permitting criteria) could be required. Cruz said the city would not vacate the existing easement at Tuscany Shores while it pursues DEP approval at Saint Kitts Park; staff recommends preserving the easement for potential future reuse.

City building official Steve Edmonds told commissioners that federal ADA officials had indicated there is no federal requirement that the city replace a destroyed ramp, but that if the city constructs a new ramp it must meet ADA standards. Edmonds said he contacted state and federal ADA officials while researching the legal position.

After public comment and commissioner discussion, Commissioner Dubinsky made a motion to follow staff’s recommendation; the commission voted 4-0. Following the vote Mayor Miller asked staff to return to the commission to report any DEP permitting issues and to enter negotiations with Tuscany Shores condominium representatives if they express interest in cost-sharing or other arrangements for private access. Cruz said staff will pursue the DEP permit process for Saint Kitts Park and will hold the Tuscany easement until the city has certainty about permitting.

Background and next steps

Cruz told the commission the dune walkover has a long history of storm damage and repair. FEMA reimbursement for earlier storm damage (Hurricane Matthew in 2016) required a presidential disaster declaration and took years to be paid; Cruz said the city fronted the restoration costs and received a FEMA reimbursement of $153,361 in 2022 for the Matthew repairs. Cruz said walkovers are now difficult or impossible to insure and that contractor quotes for full reconstruction have ranged widely in recent procurement efforts.

The commission’s direction now authorizes staff to pursue permitting, design and procurement for a new ADA-compliant walkover at Saint Kitts Park, to preserve the public easement over the Tuscany sidewalk in case future use becomes feasible, and to negotiate with Tuscany Shores condo representatives about cost-sharing or private access if the condo wishes to rebuild on its own land. The city will present any proposed agreements, amendments or cost-sharing arrangements back to the commission for public hearing and formal action.

The decision does not immediately authorize construction; DEP permitting, design, engineering, procurement and potential funding sources (including FEMA, insurance and local funds) remain outstanding considerations.