A proposed development in Surfside, Florida, has generated strong reactions from local officials and residents. The project, called Ocean Walk Residences & Hotel, would be the first in the town to use the state’s Live Local Act. Developers are seeking to build an 11-story building at 250 95th Street, where current zoning allows only four stories.
The application was filed in November by an affiliate of Postal Realty Trust, a New York-based company led by Andrew Spodek, and Ocean Walk Surfside LLC. The site is currently occupied by an 8,000-square-foot post office on the west side of Collins Avenue.
Plans for the building include 33 residential and hotel units: 13 four-bedroom units, seven efficiencies, two one-bedroom units, and 11 hotel rooms. The design by Plus architecture firm also features a rooftop deck.
Surfside Mayor Charles Burkett criticized the state law that enables such projects. “I think it’s a disaster,” Burkett said of 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 existing zoning limits if they set aside at least 40 percent of units for households earning up to 120 percent of area median income. These affordable units must be rentals and remain income-restricted for at least three decades. The law also permits administrative approval without public hearings.
It is not clear how many affordable units are planned for Ocean Walk Residences & Hotel.
Some residents voiced concerns about increased traffic and pressure on infrastructure. Michael Karukin, a former Surfside commissioner, said that “the Live Local Act does not give enough weight to the traffic impacts” or to capacity issues referenced in local comprehensive plans.
Other worries include crowded schools and changes to Surfside’s character as a small town. Resident Robert Lisman commented on local 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.”
Another point of contention is underground parking proposed for the development. The town banned underground parking in 2024 except for sites east of Collins Avenue; however, developers argue that Senate Bill 180—a state law passed after recent hurricanes—prevents municipalities from enacting stricter regulations than those allowed by state law.
In a letter accompanying their application, attorney Graham Penn wrote that Surfside’s ban on underground parking “directly impedes the redevelopment of the property.” He argued that the ordinance is unenforceable under state law.
Opponents contend that Live Local only applies to properties zoned commercial, industrial or mixed-use—not to this site—and therefore believe the proposal should be rejected outright.
Developers did not respond to requests for comment regarding whether Postal Realty Trust will partner on or sell its interest in the project.
State Representative Fabián Basabe said that Live Local is not meant as a blanket approval mechanism: “The law and Senate Bill 180 are meant to address the need for affordable housing, ‘while intentionally preserving local authority’ and giving cities ‘meaningful tools’ to review and implement projects.”
Mario Diaz, acting town manager of Surfside, stated that staff are conducting an initial review before moving into more technical evaluations. Regarding legal arguments over Senate Bill 180 and parking rules, Diaz said these were viewed as positions rather than settled conclusions.
Elsewhere in Miami-Dade County’s coastal communities—including Bal Harbour—similar proposals have led to disputes between developers and municipalities over height limits and density increases under Live Local provisions.
While many agree with encouraging below-market rentals through such legislation, critics question its broad application across all communities regardless of their specific needs or characteristics.
“It would be like putting up a 50-story affordable housing building on Fisher Island,” Burkett said. “Would that be a good idea, too?”
