By Coral Gables Gazette staff
UPDATE: This article has been updated to include a response from the City of Coral Gables and the developer.
Bonnie Bolton, daughter of the late Roxcy Bolton — one of South Florida’s most celebrated civic advocates — has filed a petition in Miami-Dade Circuit Court asking a judge to overturn the Coral Gables City Commission’s decision allowing the design approval of a proposed nine-story mixed-use development to stand, a project that would displace the Garden of Our Lord, a historic meditation garden in the North Ponce neighborhood.
The petition for writ of certiorari, filed March 11 through attorney David Winker, asks the court to quash the commission’s 3-2 vote on February 10 denying Bolton’s appeal of a Board of Architects Special Masters decision that found the project’s design to be aesthetically appropriate and compatible with its surroundings. Bolton has lived within 500 feet of the garden for 25 years.
“My client is filing this lawsuit because enough is enough — this is an important historical green space that needs to be preserved,” Winker said. “This monstrous project has no place in this garden apartment district.”
The petition raises four distinct legal arguments: that Bolton’s due process rights were violated at the special master hearing through unequal speaking time; that the project violates the North Ponce Conservation Overlay District ordinance; that the design is incompatible with city code standards; and that green space offered to the developer as a density bonus does not qualify as genuine public space.
The garden and the project
The Garden of Our Lord, located at 110 Phoenetia Avenue at the corner of East Ponce de Leon Boulevard, was designed by architect Robert Fitch Smith and completed in 1951. The petition describes it as one of only three public gardens in Coral Gables and the only one north of Coral Way. According to the petition, the garden is also a war memorial and is described as one of the first three biblical gardens in America, with plants documented as having originated from seeds brought from the Garden of Gethsemane.
The 1.47-acre property was purchased by Century Homebuilders for $9.8 million in November 2021. Fifield Companies, a Chicago-based developer, is under contract to buy the project if the zoning changes are approved. The garden gate, which had remained open to the public for 70 years, was locked in June 2022 following publication of a Miami Herald article about the property. The developer has proposed a nine-story mixed-use building with approximately 200 residential units, structured parking, and a new facility for Crystal Academy, a school serving children with autism that currently operates on the site.
A spokesperson for Fifield Companies disputed the characterization of the garden as a public space. “The garden is private property and not open to the public,” the spokesperson said. “It sits behind a wall and has no access for the public. It has not been used as a place for meditation since the church left the property years ago.”
The Board of Architects approved the project’s design plans in October 2023. Bolton appealed that approval. A conflict resolution meeting held in January 2024 produced no resolution. A Board of Architects Special Masters panel convened on January 13, found the design to satisfy applicable zoning code provisions, and deemed it aesthetically appropriate and compatible with its location. Bolton appealed that decision to the commission, which denied her appeal on February 10 in a 3-2 vote, with Mayor Vince Lago, Vice Mayor Rhonda Anderson and Commissioner Richard Lara in the majority.
Due process: Unequal speaking time
The petition’s most specific factual claim concerns the allocation of speaking time at the January 13 special master hearing. According to the petition, Bolton was allowed 22 minutes and 44 seconds to present her case while the developer’s representatives spoke for 45 minutes and 52 seconds — more than double Bolton’s allotted time. The petition argues this disparity violated the due process requirement that parties in quasi-judicial proceedings receive equal opportunity to be heard.
Bolton raised the time disparity at the February 10 commission meeting, telling commissioners that a review of the hearing transcript shows her remarks spanning approximately 20 pages while the developer’s presentation covered 40 to 45 pages. “That incontrovertibly demonstrates that they got more time,” she said.
City officials disputed the claim. Assistant City Attorney Gustavo Ceballos said he observed no due process violations at the hearing and that standard time limits were applied. Commissioner Lara questioned Winker at the commission meeting about whether any objection to the time allocation had been raised during the special master hearing itself. Winker acknowledged that no such objection was made at the time.
In its February 10 resolution denying the appeal, the commission found that “all interested parties were given an opportunity to be heard” and that the special master’s decision was supported by competent substantial evidence in the record.
The failure to object contemporaneously is likely to be part of the city’s defense. Florida courts reviewing quasi-judicial decisions apply a high legal threshold and have generally held that due process claims are weakened when no objection was raised at the time of the alleged violation. Whether the speaking time disparity alone is sufficient to meet that threshold will be for the court to determine.
Overlay district and design compatibility
The petition argues that the proposed nine-story development violates the North Ponce Conservation Overlay District ordinance, which was established to preserve the traditional garden apartment character of the neighborhood. The petition argues the ordinance was created specifically to honor George Merrick’s vision that the North Ponce area should remain low in height and consistent in scale with surrounding single-family homes.
The petition further argues the project violates city code Section 5-103 on architectural style, which requires that building height, scale, massing, and separation be evaluated for compatibility with the architectural context of the surrounding area. The petition contends the photographic record of the neighborhood shows that a nine-story structure would be out of context with surrounding buildings.
The public green space question
The petition raises a fourth argument specific to how the project was approved for additional density. According to the petition, the developer received bonus square footage under the city’s Planned Area Development provisions in exchange for committing to provide public green space. The petition argues that the green space in question is not genuinely public: it is available primarily to Crystal Academy, a private school, during the day, and open to the general public only in the evening. If the green space does not qualify as public under the city’s code, the petition argues, the density bonus supporting the project was improperly granted.
The historic significance dispute
The petition also details a dispute over the city’s 2021 historic significance determination that preceded the formal approval process. According to the petition, the developer submitted a historic significance request to the city’s Historic Preservation Department without mentioning the garden. The department responded in less than three weeks with a two-page letter concluding the property was not historically significant. The petition characterizes that letter as containing no analysis, no expert testimony, and no mention of the garden itself.
Bolton later filed a historic designation application supported by four architects and a coalition of preservation organizations, including the Florida Trust for Historic Preservation, the Miami Design Preservation League, Fairchild Tropical Garden, the American Institute of Architects, and the Dean Emeritus of the Yale School of Architecture.
The petition argues that the city, having issued the clearance letter to the developer, became effectively unable to reverse course without exposing itself to a multi-million dollar lawsuit. “Having given the developer the incorrect ‘all clear’ letter, the Historic Preservation Department checkmated itself,” the petition states.
What comes next
The petition asks the Miami-Dade Circuit Court’s appellate division to quash the commission’s February 10 decision. If the court grants certiorari review and sides with Bolton, the commission’s denial of her appeal could be overturned, returning the project’s design approval to an earlier stage of review.
Martha Pantin, Director of Communications and Public Affairs for the City of Coral Gables, confirmed the filing in a statement to the Gazette. “We can confirm that a Petition for Writ of Certiorari has been filed challenging the City Commission’s denial of the appeal of the decision of the Board of Architects Special Masters,” Pantin said. “The city is prepared to file an appropriate response if ordered to do so by the Court.”
The Fifield spokesperson also responded to the litigation directly, saying Bolton “has lost seven times in administrative and judicial forums” and characterizing the suit as a private crusade. “Bolton’s continued use of the legal system hurts the future prospects of Crystal Academy and its students, and of 200 families who would benefit from market-rate rental apartments in Coral Gables,” the spokesperson said.
Even without the court challenge, the project faces additional hurdles. The commission’s February vote resolved only the design appeal. The development must still undergo rezoning review before the Planning and Zoning Board and the full City Commission before construction can begin. Fifield Companies has said it expects to begin construction later this year and complete the project by 2029 if approvals are secured.
The filing places the Garden of Our Lord dispute in the same civic tradition as earlier preservation battles in Coral Gables. The petition itself invokes the Biltmore Hotel, Douglas Entrance, and the Alhambra Water Tower — all structures that faced demolition and were saved by resident opposition — as precedent for the current fight. The dispute now moves from City Hall to the courthouse, where a judge will determine whether the commission followed the law when it allowed the project’s design approval to stand.
This Post Has 25 Comments
WHY IS OUR GABLES DAIS APPROVING A DEVELOPMENT PROJECT FOR A CHICAGO BASED DEVELOPER? THERE IS A DEVELOPMENT PROJECT PRACTICALLY EVERYWHERE NOW IN CG.
Just follow the MONEY!
Stop paving over Paradise!
Because they are getting paid off. Lago and Lara hid the fact that they received donations to their PACS. That alone should be an ethics charge as they are approving a project OVER half of the residents that are saying no to. Our leadership is underhanded and not respecting the residents. They refuse to listen to us and do what advances themselves. I am so glad they are being sued. May you lose in court and get investigated for your actions against the City and its residents. We have had it with you. Reverse this decision and save the Garden or deal with what the consequence of your crooked decisions.
Sergio Pino’s Century Builders purchased the property for $9.7M in 2021 and then gave Lago’s campaign over $20,000. Century also gave Lara’s campaign $3,000. Century listed the project with Berkadia Real Estate Advisors and Showcase to obtain a significant profit.
https://properties.berkadia.com/110-phoenetia-ave-472640/p/1 and https://www.showcase.com/110-phoenetia-ave-coral-gables-fl-33134/34887702/
A Chicago-based developer (Fifield Companies) makes an agreement with Century to develop the project. Anderson previously recused herself from voting on the project but recently voted in favor of the incompatible development. Bermello and Font are a majority of the Board of Architects Special Masters that approved the project that was considered by the Commission in a quasi-judicial appeal. Bermello contributed $1,000 to the campaign of each of Lago, Lara and Anderson. Font contributed $1,000 to Lago’s campaign. Font’s partner (Behar) contributed $2,000 to Lara’s campaign. And Lago’s majority recently rejected a proposal to disclose post-vote consideration. Why vote against transparency?!? These facts suggest serious due process concerns. This is an example of how developer contributions control Coral Gables. Moving our local election to November and eliminating runoffs further transfers control of Coral Gables to real estate developer money. Vote NO to Coral Gables becoming the City of Miami.
Another example of the commission ignoring the will of the people. Gables residents have made it clear that we don’t want more development. Enough is enough!! I remember several candidates promising on my doorstep that they will stop these kinds of developments. Where are they now?
Thank goodness we have a citizen who continues to fight this project. We should all be helping her. This project should never have been approved for this street and this neighborhood. Large buildings like this belong on Ponce de Leon Blvd or Douglas but NOT on East Ponce in a residential neighborhood. And especially not when it will destroy a 100 year old garden and two, 100+ year old oak trees.
Now it’s 2 law suits the city is facing, and who knows how many more are pending. Instead of the residents getting lower taxes we now have pay more to defend the city, this is ridiculous!!
My first thought was why/how was it sold in the first place in 1921?! But (if I am understanding it correctly) then I read “The petition also details a dispute over the city’s 2021 historic significance determination that preceded the formal approval process. According to the petition, the developer submitted a historic significance request to the city’s Historic Preservation Department without mentioning the garden. The department responded in less than three weeks with a two-page letter concluding the property was not historically significant. The petition characterizes that letter as containing no analysis, no expert testimony, and no mention of the garden itself.”
On the face of it, it sounds like HPD wasn’t doing their job. It also surprised me that either so little could be known/on record about the park that it was considered not historically significant, OR, that whoever was doing that job either intentionally overlooked its historical significance, or worse, didn’t care. STILL cannot believe the old LaSalle Cleaners located was ever allowed to be defaced, and then torn down instead of restored.
Go, Bonnie, go!!! As Dr. Seuss wrote in “The Lorax,”: “But now,” says the Once-ler, “now that you’re here, the word of the Lorax seems perfectly clear. Unless someone like you cares a whole awful lot, nothing is going to get better. It’s not.” Bonnie cares, and I, for one, appreciate it. To Rhonda, Richard and Vince, you’ve paved enough.
Recall Lago! Recall Lara!!! 🤬
What do we have to do?!!! Wait until the City is no longer recognizable?!!
CEMETERIES ARE SACRED. THE GARDEN OF OUR LORD IS A CEMETERY. THE GARDEN IS A SACRED CEMETERY. SAVE THE GARDEN ON SACRED GROUND.
The Garden of Our Lord is recorded as a cemetery under Florida law.
And here is the proof:
The Garden is indeed a registered cemetery. Sara Ayers-Rigsby with the Florida Public Archaeology Network confirms, “I can see the cemetery mapped. The *site file staff in Tallahassee has it listed in the Florida Master Site File as DA19711 Garden of our Lord.”
A garden sitting on consecrated ground should not only be respected but revered. It is a memorial garden, and also a cemetery–a final resting place for some families. A sacred ground worthy of a miraculous intervention.
*Site File Staff: Chris Fowler, Assistant Supervisor| Florida Master Site File| Bureau of Historic Preservation | Division of Historical Resources| Florida Department of State
Please preserve “The Garden of the Lord”.
Preserve the Garden of the Lord. Preserve parks in general. Avoid overpopulation in the Gables.
This project is wrong in every conceivable way.
How in the world could the Board of Architects initially approve it for that neighborhood? Even more ludicrous is having the Special Masters find that the proposed design satisfies applicable zoning code provisions, and deem it aesthetically appropriate and compatible with its location??? COMPATIBLE? Only if they reviewed the design with their eyes closed or their minds made up beforehand.
As if shoehorning the project into that neighborhood isn’t terrible enough, it’s a travesty to destroy the Garden of Our Lord. Thank God for Bonnie Bolton who knows what’s right and is willing to stand up and fight.
Lago wants this really bad due to his relationship with Crystal academy, allegedly. He’s promised them it will happen. As with all his ideas, it doesn’t matter if the common good goes out the window. All that matters is getting his way. Keep fighting, Ms. Bolton.
“. . . due to his relationship with Crystal academy, allegedly. He’s promised them . . .”
Fifield could build a new facility for the academy without paving over the garden. It could integrate the facility into a housing project consistent with the character of the Garden Apartment District, including the Coral Gables Woman’s Club across the street. The development doesn’t have to be the massive high-rise that Fifield and the three city commissioners who support it are pushing for. They should have more respect for the neighborhood, its greenspace, and the city’s culture and history.
The school is just being used as an excuse by the politicians
Stop destroying our beautiful parks/lands for overpriced, badly made and tacky properties. Otherwise you’ll need to stop calling Coral Gables the city Beautiful and call it New York City 2.0.
I stand with Bonnie!
Basta y basta!
Stop. Just stop!
This project design needs to be revamped to preserve the garden and reflect the historic nature of the location.
Leave the Garden alone!
I CAME IN 1969,GUESS TO WHERE? EASY CORAL GABLES, I STUDIED, WORKED, AND RAISED THERE,TODAYS CORAL GABLES IS UNRECOGNIZABLE IMAGINE MORE HI- RISE BUILDING, NO LONGER WHAT WAS AND WHAT USED TO LOOK LIKE,THERE’S NO MENTION BUT STILL A CHURCH THERE,WE GO THERE EVERY SATURDAY THE LORD DAY.! IS CALLED RENACER JUST WENT LAST SATURDAY AFTER MANY YEARS THERE,WE GO AT 9 AM TILL
LIKE 2 PM AND HAVE A GET TOGETHER LUNCH AFTER PROBABLY TILL 5 OR 6 PM. THERE WAS A OLD COUPLE JUST THE OTHER DAY THEY CAME FROM ANOTHER STATE THAT GOT MARRIED 40 YEARS AGO TO LOOK AT THE GARDEN AND WE LET THEM IN AND TOOK PICTURE,I WAS 13 NOW 70,I ALSO GOT ENGAGED WITH MY WIFE AND WE WENT TO WOMAN CLUB FOR A 15 YEARS GIRL PARTY,I’M NOW MARRIED 50 YEARS,WHAT’S GOING TO HAPPENED TO THE CLUB,WILL THEY BE NEXT? WHO KNOWS? STOP THIS PROJECT PLEASE!! AND THOSE THAT ARE GETTING SOMEHOW MONEY,REMEMBER WILL BE TRACE .UNDER GOD’S EYE NOTHING IS HIDDEN! I KEEP PRAYING THAT THIS PROJECT STOPS…!!!
One more thing I forgot, Considering 9 floor high,at 200 apartments each at least 3 car per family? Needs at least parking for it let’s say 600 cars,and How traffic will be All Around Coral Gables MIRACLE mile,8 st,Coral Way,42 Ave and Ponce DE Leon….And What about How High this building will be ? Considering the Airport in Le June when planes started to come Down Around 27 to 37 Ave…has this kept in Mind..
GO BONNIE..!!!