Surfside Live Local Act Proposal Sparks 11-Story Tower Backlash

Developers Seek 11 Stories in a Four-Story Zone

A proposal for Surfside’s first Live Local Act project has sparked intense opposition. Developers want to build an 11-story structure in an area limited to four floors.

The plan, called Ocean Walk Residences & Hotel, targets a 0.3-acre site at 250 95th Street in Surfside. The property sits on the west side of Collins Avenue and currently houses an 8,000-square-foot post office.

The applicants include an affiliate of Postal Realty Trust, led by Andrew Spodek, and Ocean Walk Surfside LLC, a Miami-registered entity.

Project Details and Design

Plus Architecture designed the building. Plans call for 33 units total:

• 13 four-bedroom residences

• 7 efficiencies

• 2 one-bedroom units

• 11 hotel rooms

The project also includes a rooftop deck.

Mayor and Residents Voice Opposition

Surfside Mayor Charles Burkett strongly criticized the proposal. He said the Live Local Act undermines small towns and favors developers.

Residents echoed his concerns. Many cited traffic congestion, school crowding, and infrastructure limits. Former Surfside commissioner Michael Karukin said the law fails to account for capacity constraints in barrier-island communities.

“Surfside was designed as a small family town,” resident Robert Lisman said. “It was not meant to resemble Sunny Isles Beach or Miami Beach.”

How the Live Local Act Applies

The Live Local Act lets developers exceed zoning limits if they reserve 40 percent of units as income-restricted rentals. Eligible households can earn up to 120 percent of area median income. The affordability period must last at least 30 years.

The Ocean Walk application does not specify how many units would qualify.

The law also allows administrative approvals without public hearings. That provision has fueled opposition across South Florida’s smaller municipalities.

Parking Rules and State Law Clash

The developers propose underground parking. Surfside banned underground parking in 2024 for properties west of Collins Avenue.

In response, the developers cited Senate Bill 180. The state passed the law after recent hurricanes to prevent stricter local development rules. Their attorney argued that Surfside’s parking ban blocks redevelopment and cannot be enforced.

Town officials disagree. Acting town manager Mario Diaz said the town views those claims as legal arguments, not settled facts.

Zoning Eligibility Dispute

Opponents also challenge whether the site qualifies under the Live Local Act. They argue the law applies only to commercial, industrial, or mixed-use zoning. They say the 95th Street site does not meet that standard and should be rejected.

Neither Postal Realty Trust nor Ocean Walk Surfside LLC responded to requests for comment. It remains unclear whether the site owner will develop the project or sell the property.

A Regional Flashpoint

Surfside’s fight mirrors disputes elsewhere. In neighboring Bal Harbour, a Live Local proposal at Bal Harbour Shops triggered lawsuits and public backlash.

State Rep. Fabián Basabe said Live Local does not act as a rubber stamp. He argued the law balances affordable housing needs with local review.

Still, critics say the statute applies too broadly. Mayor Burkett offered a stark comparison.
“Putting a massive affordable housing tower on Fisher Island would make no sense,” he said. “This feels no different.”

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