The City Commission of Daytona Beach Shores on a unanimous vote approved Ordinance 2025-17 to vacate a public walkway easement at 2901 South Atlantic Avenue (Tuscany Shores) on the condition that the Florida Department of Environmental Protection (DEP) approve construction of an ADA-compliant dune walkover at nearby Saint Kitts Park.

City Attorney Waters read the ordinance at the start of the item and staff presented the second reading. The Community Services Director said the original dune walkover was destroyed during Hurricane Milton and that replacing the existing walkover at the Tuscany Shores location would be “exorbitant” compared with building an ADA walkover a short distance north at Saint Kitts Park. Staff recommended vacating the easement only if the DEP approves the alternate ADA dune walkover.

The director described design changes prompted by a condominium association objection to a preferred alignment that would have traversed in front of the Saint Kitts condominium. As a result, staff said the revised design pushes the dune walkover onto park property and requires excavation and a retaining wall to support the upland area; the city expects a change order from the engineer and hopes to resubmit the full design to the state within a few weeks. Staff also said any final vacation of the easement would not take effect until the state grants the permit.

Commissioners moved, seconded and approved the ordinance by roll call vote. The clerk recorded the vote as 5-0 in favor. The ordinance provides for documentation, authorization, conflict and severability provisions and becomes effective only after the state approval specified in the ordinance.

Upcoming steps: staff will complete the design revisions, secure a retaining-wall plan and resubmit to DEP; the ordinance’s vacation language is expressly conditioned on receiving that approval.