Surfside affordable housing could soon take shape under a state law that allows a 12-story hotel and residential building on the former post office site, despite local zoning rules that cap height at 40 feet, or three stories. The proposal marks the first project in Surfside submitted under Florida’s Live Local Act and has already stirred controversy in the small seaside town. Ocean Walk Residences & Hotel, planned for 250 95th St., would rely on the law’s provision allowing developers to bypass height limits if 40% of units are designated as affordable housing. In Florida, affordable rents are generally capped at 30% of the income of someone earning up to 120% of the area median income — about $100,000 annually in Miami-Dade County.
In Surfside, buildings reaching 120 feet are typically limited to beachfront locations. Plans submitted to the town show the project would include 33 units, consisting of 22 residential apartments and 11 hotel rooms. Under the Live Local Act, passed in 2023, any affordable units must remain income-restricted for a minimum of 30 years.
Local officials and residents have quickly voiced opposition. Mayor Charles Burkett has labeled the proposal “a disaster” and described it as a developer-driven plan that fails to meaningfully address affordable housing needs. He also argues the building clashes with the surrounding neighborhood. Former Surfside commissioner Eliana Salzhauer echoed those concerns, questioning whether 22 residential units would make any real impact in Miami-Dade County. She criticized the Live Local Act for limiting local control over zoning and development decisions, saying most residents she’s spoken with oppose the project. State Rep. Fabián Basabe countered that the law still allows municipalities authority over safety, infrastructure and fees, while Democratic challenger Ashley Litwin Diego said development decisions should remain in local hands.
The proposal was submitted by Ocean Walk Surfside LLC, registered to Miami attorney Oren Lieber, with architecture firm PLUS listed on the plans. Attorney Graham Penn represents the developer but did not respond to requests for comment. Penn has represented high-profile clients, including Jared Kushner and Dubai-based developer DAMAC. The application, filed in November, has yet to reach the town commission. Burkett expects a lengthy process, saying officials will pursue “every legal sort of option” to stop it, even though municipalities have limited power to reject qualifying Live Local projects. Resident Jeffrey Zomper said the law forces development on communities that may not be able to support it, particularly a town as small as Surfside.
“It’s the towns like ours really that are getting screwed,” Zomper said.
Former Surfside mayor Shlomo Danzinger also raised concerns about traffic, warning that increased congestion could slow emergency response times or complicate evacuations during natural disasters. He added that the scale of the proposal conflicts with Surfside’s small-town character.
Danzinger said the town may try to discourage similar projects by imposing significant impact fees to offset infrastructure demands. Burkett said he supports the goal of expanding affordable housing statewide but believes it should be built in areas with lower land costs, not high-priced ZIP codes like Surfside. He said he has not spoken directly with the developer. “There’s not much to say,” Burkett said, “other than that we’re going to oppose.”
