Midlothian council denies proposed Midlow Scoops expansion after hours of public comment; orders workshop

After more than two hours of public comment and detailed council questioning, Midlothian City Council denied without prejudice a request to amend Planned Development District (PD) 114 and rezone 101 and 105 South Third Street so Midlow Scoops could relocate and expand into the neighboring house. The council directed staff to convene a workshop with neighbors, applicants and staff to seek additional, enforceable mitigation.

The Midlothian Planning and Zoning Department and the applicant described the requested change as a modest conversion of an existing residential property into an indoor ice‑cream/parlor and beverage area with limited food preparation. Planning staff reported that the proposal was consistent with the city’s downtown master plan and recommended approval; the Planning and Zoning Commission had recommended the amendment 5–2. Staff also said property‑owner notification produced approximately 52 letters in opposition and 65 in support and multiple petitions.

Opponents — mostly Old Town residents who live within and near the affected 200‑foot notification boundary — told the council the business had already exceeded the scope of its original walk‑up model. Residents cited crowding, overflow parking into driveways and yards, bright and unshielded lighting, louder evening gatherings, and increased and unsafe alley traffic used for drop‑offs and deliveries.

"This rezoning doesn’t protect our neighborhoods. It disrupts them," said James Davis, an Old Town resident who urged council members to prioritize "empathy, not expedience." Brenda Hayes, another homeowner adjacent to the sites, described persistent nightly lights and noise behind her home and told the council she feared the change would leave neighbors with "no peace." Other speakers — including Pam Long, Kelly Hall and Donnie Poarch — described repeated attempts to resolve issues informally and said they were not satisfied with the results.

Supporters, including family members of the owners and business advocates, said Midlow Scoops is a local, homegrown business that contributes to downtown’s vitality. Rob Becker said the business had grown from a walk‑up window to a community gathering place, won local awards and supported school and nonprofit fundraisers. The applicants repeatedly offered voluntary, written restrictions, including limiting hours, eliminating outdoor speakers, using low‑height residential‑grade lighting, building privacy fencing and reducing delivery frequency by adding indoor storage.

Council members spent more than an hour weighing competing values: retaining successful local small business versus protecting the character and livability of an established residential neighborhood. Several council members expressed the view that the proposed PD language before them did not include sufficient, enforceable mitigations to assure neighbors the impacts would end if the property changed hands in the future. Other council members emphasized the city’s desire to support local entrepreneurs and the role of downtown mixed‑use zoning.

The council’s action denied the rezoning request without prejudice, meaning the applicant may return with a revised filing. Councilmembers also directed staff to set a workshop so neighbors, the applicant and council can work toward binding mitigations. The council did not adopt a new ordinance at the meeting.

What is next: staff will schedule a workshop to mediate outstanding issues and discuss enforceable restrictions (for example, binding PD conditions, nuisance thresholds, lighting and noise decibel limits, and solutions for alley and parking management). The applicant may revise and resubmit an application subject to state notice requirements and the city’s normal resubmittal timelines.

Speakers quoted in this article spoke during the public hearing and appear in the official meeting transcript.