Ocean Tower project in limbo

SOUTH PADRE ISLAND - Opinions differ on whether the stalled Ocean Tower project north of the city limits has potential to discourage other development, but local officials all say they would like to see the leaning structure repaired and completed.

The massive 31-story condominium complex has a distinct list toward the Gulf of Mexico, but owners plan to level it. But they have also sued architects, engineers and builders in an attempt to force them to pay for repairs.

Developer Richard Franke, whose company owns Franke Plaza, Emerald Tower and who developed The Shores, a planned community north of Ocean Tower, said seeing that project halted because its tower is tilted does not benefit anyone.

"I think the quicker they can resolve the situation there and repair the building and finish it, the better it's going to be for everyone," Franke said. "At this point, it's my understanding ... there are ways to remedy the problems, to fix the building and secure the foundation. The sooner that can happen, the better for everyone.

"Nobody wants to see an unfinished tower standing there for an extended period of time. Certainly, we here at The Shores, next door to them, definitely don't want to see that. ...

"It's a most unfortunate situation that they're in that position at this particular time. It doesn't help the Island. It doesn't help anyone."

Some buildings on the Island already are as tall or taller than Ocean Tower, Franke said. It is possible that builders hit a pocket of unusual clay or some other factor that caused the problem, he said.

"One way or another, that issue has to be taken care of," Franke said.

"It probably sends a strong warning to soil engineers, structural engineers that they need to be very careful that they properly analyze and properly design structures for South Padre Island," Franke said.

He predicted expensive mistakes made during the construction of Ocean Tower will bring changes to future designs used on the Island.

"This will definitely bring that to their attention," he said. "Everybody that's in that business is gong to know about this. I feel very strongly that this isn't going to happen again."

Part of The Shores will be two 12-story towers called Los Corales, but he does not anticipate any similar problems with those, he said.

His existing tall buildings, Franke Plaza and Emerald Tower next door, have good foundations and other tall buildings like the 28-story Bridgeport Condominiums and the 34-story Sapphire also have no problems, Franke said.

"We're very saddened and unhappy to hear of their misfortune next door," Franke said.

Island Mayor Robert Pinkerton said a variance has just been approved for a 42-story building next to Isola Bella.

Cameron County Judge Carlos Cascos said Friday that Ocean Tower was approved before he took office last year, but even though the condo tower is in the county, it is also in the town of South Padre Island's extraterritorial jurisdiction.

"I don't know how long this litigation is going to take," Cascos said of the lawsuit filed by developers against the designers and builders. "It could take several months, it could take several years."

On Thursday, a few workers were present at the site, but local residents said they have seen no progress on the project in months.

If the project were to become an abandoned building, the county would have a big problem on its hands, Cascos said.

"I don't believe we've ever had that situation, at least not to this magnitude, not dealing with a multimillion-dollar skyscraper," the judge said.

"I would assume that we would treat it like any other structure," Cascos said. "The folks that have the power here are going to be probably the (county) health department. Normally when we see buildings that have been dilapidated, we go in through the health avenue because we see rats or possums or whatever it is. That's a good question."

Owners of Ocean Tower Limited Partnership and their attorney, John Robert King, were not available for comment on Friday.

Their lawsuit, against Raba-Kistner Consultants Inc. of San Antonio, Datum Engineering Inc. of Austin, and Zachry Construction Corp. of San Antonio, asks for $25 million for repairs and $100 million in other damages.

The tower would have to be separated from its four-story parking garage in order to be straightened, the lawsuit states.

County Administrator Pete Sepulveda said on Tuesday the county's role was only to ensure that all plans were properly submitted and that engineers had proper stamps (licenses).

Responsibility for soil studies and other factors falls to the engineers and other experts hired by developers, he said.

"They may find that it would be cheaper to tear it down and start all over again," Cascos said. "Wow. I've never heard of that happening in a structure quite that large. But, someone didn't do their homework."

Other than the court action taken by developers, there isn't much local government can do to remedy the situation, the judge said.

"This is private enterprise," Cascos said. "Let them sort it out. I don't think this is going to hurt other projects. This is kind of a unique deal.

... People may be a little reluctant to buy into this if they think it's going to sink in a few years."

Franke said the town apparently annexed around the property because The Shores, which is north of Ocean Tower, is in the town, but Ocean Tower is not.

"The tower would have never been permitted as it it's built ... it does not conform to town standards, as far as setback and height restrictions," Franke said. "The town claims no involvement whatsoever in that project. It was in their ETJ, so it seems to me they should have been involved. It's too big on too small a piece of property."

"As I understand it, that's county land and it is going to be annexed once the property was complete ... if it complied," Pinkerton, the mayor, said.

The mayor referred further questions about annexation and zoning for Ocean Tower to the town's attorney, Paul Cunningham, who was not available for comment Friday.