A proposal to build an 11-story residential and hotel building in Surfside, Florida, has sparked controversy among residents and local officials. The project, known as Ocean Walk Residences & Hotel, would be the first in the town to use the state’s Live Local Act, which allows developers to exceed existing zoning limits if they include affordable housing.
Developers have filed plans for a 0.3-acre site at 250 95th Street, currently occupied by an 8,000-square-foot post office. The application lists New York-based Postal Realty Trust and Ocean Walk Surfside LLC as the applicants. The proposed building would feature 33 units—13 four-bedroom residences, seven efficiencies, two one-bedroom units, and 11 hotel rooms—along with a rooftop deck.
Surfside Mayor Charles Burkett criticized the Live Local Act’s impact on small towns: “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 permits larger developments than local zoning typically allows if at least 40 percent of units are reserved for households earning up to 120 percent of area median income. These below-market rentals must remain income-restricted for at least three decades and can be approved administratively without public hearings. However, the current proposal does not specify how many units would meet these affordability requirements.
Some residents argue that such projects do not adequately consider infrastructure capacity or traffic congestion in barrier island communities like Surfside, Bay Harbor Islands, and Bal Harbour. Michael Karukin, a former Surfside commissioner and resident, said: “the Live Local Act does not give enough weight to the traffic impacts… It also does not give enough weight to what many comprehensive plans refer to as capacity in infrastructure.”
Concerns have also been raised about increased pressure on schools and whether Surfside can maintain its character as a small family-oriented town. Resident Robert Lisman commented: “It takes me about 15 minutes to go 1 mile… Surfside was designed to be a small family town, not like Sunny Isles Beach or Miami Beach.”
The developers’ plan includes underground parking—a practice banned by Surfside in 2024 except on certain sites—citing Senate Bill 180 as justification for bypassing local restrictions. Their attorney wrote that Surfside’s ban “directly impedes the redevelopment of the property” and argued that it is unenforceable under state law.
Opponents contend that Live Local only applies to commercial, industrial, or mixed-use zones; they say this site does not qualify under those categories.
State Representative Fabián Basabe emphasized that neither law is intended as automatic approval for all projects: “while intentionally preserving local authority” and giving cities “meaningful tools” to review and implement projects.
Town staff are reviewing the application before moving forward with technical evaluations. Acting Town Manager Mario Diaz stated that arguments over Senate Bill 180 are considered legal positions rather than settled matters.
Nearby municipalities have faced similar disputes over Live Local proposals; Bal Harbour is currently engaged in litigation over a large-scale development planned at Bal Harbour Shops.
While there is support for increasing affordable housing statewide through incentives like those provided by Live Local Act, critics argue against applying uniform standards across diverse communities without considering their unique needs.
“It would be like putting up a 50-story affordable housing building on Fisher Island,” Mayor Burkett said. “Would that be a good idea, too?”
