A proposal for Surfside’s first project under the Live Local Act has stirred opposition in the small coastal town. Developers are seeking to build Ocean Walk Residences & Hotel, an 11-story building at 250 95th Street, which would exceed the local height limit of four floors. The plan, submitted in November, outlines a mix of residential and hotel units on a site currently occupied by an 8,000-square-foot post office.
The developers include an affiliate of New York-based Postal Realty Trust and Ocean Walk Surfside LLC. Designed by Plus architecture firm, the proposed structure would feature 13 four-bedroom units, seven efficiencies, two one-bedroom units, and 11 hotel rooms, along with a rooftop deck.
Surfside Mayor Charles Burkett criticized the legislation: “I think it’s a disaster,” he said. “I think the Florida politicians that decided to destroy the fabric and composition of small towns by this developer-driven initiative is outrageous.”
The Live Local Act allows developers to exceed existing zoning if they set aside at least 40 percent of units for households earning no more than 120 percent of area median income. These below-market rental units must remain income-restricted for at least three decades. The law also enables administrative approvals rather than public hearings for qualifying projects.
The application does not specify how many affordable units would be included in Ocean Walk Residences & Hotel.
Similar proposals across South Florida have led to debate in other coastal communities. Residents like Michael Karukin raised concerns about increased traffic and strain on infrastructure: “the Live Local Act does not give enough weight to the traffic impacts,” he said. “It also does not give enough weight to what many comprehensive plans refer to as capacity in infrastructure.”
Opponents worry about additional pressure on roads and schools as well as loss of local control over development decisions. Resident Robert Lisman commented on congestion: “It takes me about 15 minutes to go 1 mile,” he said. “Surfside was designed to be a small family town, not like Sunny Isles Beach or Miami Beach.”
A point of contention is underground parking included in the proposal—something Surfside banned in 2024 except on certain sites—while developers cite Senate Bill 180 as overriding local restrictions following its passage after recent hurricanes aimed at easing redevelopment barriers.
“Surfside’s underground parking prohibition directly impedes the redevelopment of the property,” wrote Graham Penn, attorney for the developers. The ordinance “is therefore unenforceable and the applicant will be employing underground parking in the development.”
Some residents argue that because Ocean Walk’s site may not fit commercial or mixed-use zoning requirements under state law, it should be excluded from using Live Local provisions.
State Representative Fabián Basabe stated that Live Local is not meant as blanket approval for all projects: The law and Senate Bill 180 aim to address affordable housing needs while preserving some local oversight.
Mario Diaz, acting town manager, said staff are conducting initial reviews before moving into technical analysis stages. He added that arguments regarding Senate Bill 180 represent legal positions rather than settled matters.
Nearby Bal Harbour has seen similar controversy over Whitman Family Development’s plan for new towers under Live Local rules—a dispute now subject to litigation between Bal Harbour officials and Whitman Family Development.
While many agree with promoting affordable rentals through such laws, critics object to their wide application across diverse communities regardless of local circumstances.
“It would be like putting up a 50-story affordable housing building on Fisher Island,” Burkett remarked about applying statewide standards uniformly. “Would that be a good idea, too?”
