The Real Deal Miami

Court petition filed to overturn city’s denial of senior housing project in downtown Boca

Group P6 claims in its petition that denial of its planned 129-bed development was without cause and discriminated against the elderly
September 02, 2018 09:40AM

Rendering of the Concierge

The company behind a rejected proposal to build a senior housing project in downtown Boca Raton petitioned a court to overturn the city’s denial of the development.

Group P6 claims in a petition filed with Palm Beach County Circuit Court that the city’ rejection of the proposed 129-bed facility, called The Concierge, was baseless and discriminated against the elderly.

In July, the board of Boca Raton’s Community Redevelopment Agency (CRA) voted 3-1 against the proposed facility because it would not have enough parking and would put a strain on the city’s fire rescue services.

Group P6 filed a petition last week for writ of certiorari, requesting that the circuit court reverse the city’s decision to deny approval of The Concierge.

In its petition, Group P6 charged that the city’s claim that The Concierge would strain fire rescue services is a “red herring” argument based on discrimination against the elderly.

The court petition cites comments made by members of the CRA at the agency’s meeting in July, including Andrea O’Rourke, chairwoman of the CRA board, who said the senior housing development wouldn’t fit with the city’s “vision for downtown.”

The city code would require 93 parking spaces for The Concierge. Group P6 requested a waiver from the 93-space requirement, arguing that senior residents of The Concierge wouldn’t need that much parking.

City staff agreed with the parking-waiver request and recommended that the CRA board approve development of The Concierge, designed as a nine-story, 130,000-square-foot facility with independent-living, assisted-living and memory-care beds.

The proposed development site, owned by Robert Buehl, is on Southeast Sixth Street between Dixie Highway and Federal Highway.

In a press release, Buehl said he intends to file a suit seeking at least $50 million in damages against the city for allegedly violating the Bert Harris Act, a state law that protect landowner rights. [Palm Beach Post]Mike Seemuth