Growing subdivision pits homeowners against developer

Not everything is quiet these days at Whispering Oaks.

The 140-lot spacious subdivision off of County Road 620 north of the Cape Girardeau limits is experiencing growing pains.

Area homeowners say they have been deceived by a developer now building multi-family homes and many have become soured at the prospect of annexation into Cape Girardeau -- a process that will happen whether they like it or not.

Mayor Jay Knudtson said he's troubled by what he hears from residents.

"This many people can't all be wrong. I have been inundated with phone calls. They have all been well-spoken, well-researched and very intelligent," he said of Whispering Oaks' homeowners.

"At this point I'm very disappointed at what has happened, whether it is through deception or miscommunication. It's now having a ripple effect, and people are upset with the city. So it's tainted the whole annexation process."

Rodney Arnold of Arnold Homes sold the first plot in Whispering Oaks in 2004. Early residents are nearly unanimous recalling that Arnold gave them oral commitments that all future development in the area would be single-family units on large 1.5-to-3-acre plots of land.

Arnold, though, has a different recollection. He says he never made promises to anyone about keeping the zoning single-family. He believes residents need to look at the duplexes he's already built before reacting.

'Luxury villas'

"If you look at these structures, they've got one garage door. They are not your typical duplex. They don't have the appearance of the duplex. They're luxury villas, really first-class buildings. In bigger markets, this type of mixed use development is common practice."

The units sell for approximately $229,000 each.

But residents feel betrayed.

"He misled us," said Maxine Hale, who does not live at Whispering Oaks but sold Arnold 40 acres of land from her family's 5-H Ranch three years ago.

"We have nothing in writing, but he did mislead people who put up expensive property there. We were told he would only put five or six houses on that land. We wouldn't have sold it to him otherwise."

Arnold has now proposed subdividing part of that 40 acres into 17 lots. The development is called Cloverdale Ranch. Arnold has already built four duplexes and broken ground on a triplex on the land.

This raised the ire of residents.

"In all conversation between me and developer I had no idea he planned to do this," said Mike Ingram of 136 Oak Glenn. "I can't say for certain the words multi-family were never mentioned, but if he said, 'Oh by the way, how would you feel if we put an apartment complex in the middle?' that's something I'd remember."

Arnold says he has no plans to build apartment buildings or condominiums on the land. Residents respond that they no longer trust him.

On Oct. 11, Arnold's petition to the planning and zoning commission to rezone the area to allow for R-4 zoning was rejected unanimously. The developer has since called that petition a mistake and lowered his zoning request to R-3, which would allow for duplexes.

Even without a zoning change Arnold is free to move ahead with the duplexes. Since his subdivisions are outside city limits, he may build whatever he wants without oversight from city officials. Those buildings are generally grandfathered in when land is annexed.

Speaking for the city, Knudtson is frustrated by this tactic by Arnold. "There is significant work being done out there, and it appears to be a blatant attempt to circumvent the system," the mayor said.

City officials point to $457,000 the city spent to run sewer and water lines to the area to reach property near the planned Interstate 55 interchange (the total project cost $1.387 million, with Arnold and Southeast Missouri State University picking up the rest of the cost.) Annexation will go forward because Arnold signed a petition agreeing to the transfer. That agreement is binding no matter who owns the property.

Arnold now says he's "neutral" on the subject of annexation but believes much of the unrest from property owners is because they don't want to be annexed. "Right now, they have all the amenities of living in the city and they don't pay the property tax," he said.

The annexation of Whispering Oaks goes before Cape Girardeau City Council Nov. 6.

tgreaney@semissourian.com

335-6611, extension 245