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Article Courtesy of Daytona
Beach News-Journal
By Mark Harper
Published January 6, 2025
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New Smyrna Beach developer is attempting to fend off challenges on two fronts to
its much-reviled new paid-parking operation in Venetian Bay.
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The city's Code
Compliance Department has issued three violations against
Geosam Capital U.S., saying the original agreement to
develop Venetian Bay – a community of more than 2,000 homes
west of Interstate 95 off State Road 44 – does not allow
paid parking. Simultaneously, a merchants' association has
sued Geosam, alleging the developer, in setting up the paid
parking, relied upon documents that weren't executed
legally.
The paid parking – which is free for the first half-hour but
costs $2.50 for the first hour – has been panned by
residents on social media, with comments including
"money-grubbing," "another way to push businesses out,"
"beyond ridiculous" and worse.
One business, the Happy Deli, closed after its owner was
vocal in his criticism of the paid-parking plan. Others say
they have been harmed.
Ken Garguilo, owner of Bistro 424, a Venetian Bay
restaurant, said the paid parking is cutting into his
business and others in the Town Center. Business at Bistro
424 has been down 20% in each of the last three months, he
said.
"We’re the only paid parking, basically, in all of Volusia
County, if not the state, and definitely the only one who’s
in a private community that pays HOA fees, some of them two
HOA fees, and now has to pay to park in their own community.
It’s just unheard of," he said. |
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A paid-parking QR code is posted above a space in the
lot next to the Venetian Bay Town Center in New Smyrna Beach. The
city's Code Compliance Department has issued citations against the
developer, Geosam Capital U.S., saying the paid-parking operation
violates a development agreement.
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A message left with Geosam's New Smyrna Beach office this week was not
returned.
City of NSB: Paid parking not an allowed use
The developer's agreement with the city, known as a planned-unit development or
PUD, allows for certain uses on land tracts within the Venetian Bay Village
Center area.
While it allows for retail sales and service, office, non-fast food restaurants,
personal service and residential units above the ground level, it does not
include a paid-parking operation, according to a letter from the city's Code
Compliance clerk, Teresa Merck, to Geosam.
The letter states the case was opened on Dec. 16 and gave the company until
Friday to stop requiring the paid parking.
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It identifies three
tracts where paid parking exceeds the PUD's allowed uses: in
a lot south of the Town Center, along Medici Boulevard and
south on Luna Bella Lane, as well as on Casello Drive
heading south on Luna Bella Lane.
The city has a code compliance board and a special
magistrate to hear cases. Meeting agendas for January were
not available on the city website on Friday.
In addition, the notices advise Geosam: "An amendment to the
current PUD that adds paid parking to the list of permitted
and accessory uses is needed for the activity to be eligible
for a Business Tax Receipt."
Business Tax Receipts are required for all paid parking
lots, according to a city ordinance.
Merchants file lawsuit against Geosam
Also, the Tuscany Town Center Association, Inc., a nonprofit
association of merchants in Venetian Bay, is suing Geosam.
The association alleges Geosam took control of the
association and in 2016 amended an earlier document granting
the businesses a parking easement. Geosam recorded the
amended contract in 2021, clearing the way for paid parking.
Geosam, whose attorney did not respond to an email seeking
comment, has asserted in court documents that the amendment
was properly executed and that the merchants do not have a
permanent parking easement.
Garguilo, also president of the Tuscany Town Center
Association, said the presence of Geosam employees on the
association board led to favorable changes for the company
that were at odds with the needs of the businesses that
occupy the Town Center.
"They basically had this paper from 2016 and didn't file it
until 2021," he said, "so in the meantime, we purchased our
units thinking we had these easement rights because it
wasn't filed until we bought in 2019." |
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This map, created by the city of New Smyrna Beach,
shows "Tract G," a portion of the Venetian Bay town center where the
developer, Geosam Capital U.S., has begun charging for parking, both
in the lot on the bottom, as well as along Luna Bella Lane, Medici
Boulevard and Casello Drive.
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The association is asking a Volusia circuit judge for a "quiet title," or
establishing it as the true owner of the parking areas. It also asks the judge
to invalidate the deletion of the merchants' parking easement.
New Cordova apartments to increase demand for parking
In the past year, Geosam has been building Cordova, a 322-apartment complex,
that's yet to open. The new apartments are directly across Luna Bella Lane from
the Town Center.
Garguilo believes the apartments are going to create even more demand for
parking in the neighborhood.
“If you looked at the original design plan of the Town Center, there were
supposed to be four equal buildings like we have, where there was commercial on
the bottom and, like 70-something apartments in each one," he said. "The problem
is the city kind of – not the present people but back in the day – approved a
change to (allow) all residential instead of commercial and the density went up
times 10 on that one block. ... But the parking never changed.”
Additionally, the parking requirement for Cordova, he said, is 1.5 spaces per
unit, rather than 2, which is today's standard.
“It’s just not adequate parking for everybody, and that’s what’s caused the
problem," he said.
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