A standoff between a Schertz neighborhood and a developer over a rezoning request came to a head Sept. 18, as City Council denied David Montelongo’s goal of turning a 4-acre tract from residential to business.

A capacity crowd gathered at council chambers for a public hearing regarding a heavily wooded piece of land at Farm Road 3009 and Patrick Henry, an undeveloped leftover of the Greenfield Village neighborhood.

For weeks residents there and in adjacent Silvertree Park have been critical of Montelongo’s quest, expressing fear that new businesses may add to traffic, drainage, pedestrian and aesthetic problems. It’s an area affecting more than 250 homes and 400 residents.

After informal meetings where no compromise could be reached, the two sides got their official say in front of council. Ultimately, all five council members agreed they could find no solid proof to overturn the Planning and Zoning Commission’s unanimous decision to deny rezoning, from residential to neighborhood services.

But they left the door open to compromise, suggesting Montelongo – if he wishes –keep working with residents on another form of zoning that would be amenable to all involved parties.

Connie Basel, an attorney for Montelongo Developments LLC, said plans for a 14,000-square-foot, high-end retail development on the land tract would complement the nearby neighborhoods.

She said while the developer already agreed to lower his rezoning request from the higher-density general business category, the tract “has unique challenges under the current residential zoning” that make it difficult to accommodate suggested town homes, garden homes or even a park.

Descendants of the Dietz family, one of the area’s original settlers, said they would like to finally divest themselves of a piece of land that they pay taxes on, but yields no financial return.

“We’ve tried working with the residents, but they basically want it to stay vacant,” Bill Dietz said. “My brother held this land for 40 years. We find it no longer feasible to pay taxes on land that produces no profit.

“As long as Schertz grows and needs services, we think the land can be developed in good, useful taste,” Dietz added.

Neighbors stood their ground. Gary Ensminger said he feels a “strip center” will end up on the land and negatively impact property values of nearby homes. Oliver Nelson said P&Z’s decision is sound because commercial ventures cannot fit properly on the tract.

Lou Paliani criticized a department director’s earlier comments that any retail development on the tract would appeal to an expanding segment of the local population – young families. Instead, new development would negatively impact the neighborhoods.

“Tell Mr. Montelongo we’re not interested in flip this community,” he said, referring to Montelongo and his brother’s previous appearances in the reality show “Flip This House.”

Fae Simmons is one of a few residents who said the land should host what she calls a growing national trend – a park primarily for senior citizens. “Precedent is set. Put it up for a bond issue and we’ll deliver the votes,” she said.

Pat O’Brien, the Randolph Metrocom Chamber of Commerce board chairman, spoke as the realtor for the land, saying there should be a balance of business and homes in any growing city.

“Schertz is growing. You (council) just lowered taxes, but you can’t keep doing that if you put in more homes,” he added.

According to City Manager Don Taylor, city staff could not find enough “solid facts” to recommend overturning P&Z’s decision. Council discussion recognized the Dietzes’ goal to sell the land to Montelongo, and the attempts at compromise.

However, council members said the land cannot stay undeveloped forever. Council-man Michael Carpenter suggested Montelongo return to P&Z with a request to rezone the land Planned Unit Devel-opment, where the city could be more proactive in enforcing covenant restrictions and requirements on such elements as lighting, parking and landscaping.

“I don’t see it as a commercial nor residential site,” Mayor Hal Baldwin said. “But I don’t think it’s fair for the Dietz family to keep paying taxes on land that has nothing on it. Someone needs to make them a good offer. If you (residents) want the land to stay a forest or get a park, then buy it.” The tract has a $400,000 listing.

After the council vote, Montelongo said he would talk with the Dietzes on what to do next. However, he faces a lawsuit from a California investor he allegedly defrauded of earnest money that was apparently used toward the land purchase.