A proposal for Surfside’s first Live Local Act project has sparked debate in the small coastal town. Developers are seeking to construct Ocean Walk Residences & Hotel, an 11-story building with 33 residential and hotel units at 250 95th Street, according to a November application. The site is currently home to an 8,000-square-foot post office and sits on the west side of Collins Avenue.
The developers behind the proposal include an affiliate of New York-based Postal Realty Trust, led by Andrew Spodek, and Ocean Walk Surfside LLC, registered to a Miami attorney. Plans from Plus architecture firm show the building would feature a mix of four-bedroom units, efficiencies, one-bedroom apartments, and hotel rooms. A rooftop deck is also part of the design.
Surfside Mayor Charles Burkett criticized the initiative: “I think it’s a disaster,” he said regarding the Live Local Act. “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 local zoning limits if they reserve at least 40 percent of units for households earning up to 120 percent of area median income. These affordable units must be rentals with income restrictions lasting at least three decades. The law also permits administrative approval without public hearings. However, it remains unclear how many affordable units would be included in this project.
Across South Florida, similar projects have been proposed under this law, leading to controversy in smaller communities like Surfside as well as neighboring Bay Harbor Islands and Bal Harbour. Some residents are concerned about increased traffic and pressure on infrastructure such as roads and schools.
“the Live Local Act does not give enough weight to the traffic impacts,” said Michael Karukin, a Surfside resident. “It also does not give enough weight to what many comprehensive plans refer to as capacity in infrastructure.”
Robert Lisman, another resident, voiced concerns about 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.”
Opponents have also raised issues with underground parking included in the development plan—something banned by Surfside since 2024 except for properties east of Collins Avenue. In their letter of intent invoking Senate Bill 180—a state law prohibiting local governments from imposing more restrictive development rules—the developers argue that local bans impede redevelopment efforts.
“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 contend that because Ocean Walk’s site isn’t zoned commercial or mixed-use as required by state law for Live Local projects, it should not qualify under these provisions.
Fabián Basabe, state representative for much of coastal Miami-Dade County, emphasized that Live Local is not meant as automatic approval: The law and Senate Bill 180 are intended “to address the need for affordable housing while intentionally preserving local authority” and giving cities “meaningful tools” for review.
Mario Diaz, acting town manager for Surfside, stated that staff are reviewing initial application materials before moving on to technical reviews: As for legal arguments concerning Senate Bill 180’s impact on local regulations like parking bans,“the town views these positions as legal arguments” rather than final decisions.
In nearby Bal Harbour—a neighbor just north—another high-profile Live Local project has led to litigation between Whitman Family Development (owners of Bal Harbour Shops) and municipal officials over plans including new towers with hundreds of residences alongside retail space.
While there is general support among critics for increasing below-market rental housing statewide through incentives like those provided by Live Local,“it would be like putting up a 50-story affordable housing building on Fisher Island,” Burkett said.“Would that be a good idea too?”
