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Council adopts BZA decision reversing Planning Commission denial for Omniplex dispensary; competitor’s attorney objects
Summary
The Forest Park City Council on April 7 adopted a Board of Zoning Appeals decision to partially reverse the Planning Commission’s denial and grant conditional use for a marijuana dispensary at 12181 Omniplex Court after public comment and a summary of the BZA action.
Taylor Trout, an attorney representing a marijuana dispensary located at 1233 Omniplex Drive, told the Forest Park City Council on April 7 that he opposes the conditional-use approval for a second dispensary at 12181 Omniplex Court and said the applicant has not met the zoning standards required for such a use.
Trout said he has “been at every single public hearing” on the application by King City Gardens and that King City Gardens “just has failed to meet their their standards.” He told council members the proposed location is roughly a thousand feet from his client’s store and warned of socioeconomic and safety impacts, adding, “It would be approximately 1 dispensary for every 10,000 people in, the city of Forest Park.”
John Wyckoff, Forest Park’s law director, told council the Board of Zoning Appeals (BZA) reviewed the Planning Commission’s staff report (dated Nov. 12, 2024) and that “the staff found that the criteria was met.” Wyckoff also noted the attorney’s representation: “of course, he’s representing a competitor,” and said no factual evidence had been presented to contradict the staff report’s findings.
During the council’s new-business agenda, Second Vice Mayor Dr. Moore moved to adopt Resolution 13-2025, which would implement the BZA’s decision. Dr. Moore summarized the BZA action for the record: “The BZA voted 3 to 1, to partially reverse the Planning Commission’s decision granting conditional use by retaining the conditions of operations that were proposed by the planning commission.” The motion was seconded and passed by roll call (tally recorded as 6–0).
The resolution places the BZA decision into effect in accordance with the procedures in the city zoning code. The council did not reopen the BZA evidentiary record at the meeting; the public comment from Trout and the council summary of the BZA action were the substantive discussion recorded on the topic.
No appeal or further action was recorded on the council floor at the meeting. The transcript record includes Trout’s objections that King City Gardens did not submit evidence addressing the six conditional-use standards in the Forest Park zoning code and the BZA’s counterfinding in the staff report that the criteria were met.
The council approved Resolution 13-2025 by roll call. The meeting then amended the agenda to add an executive session on a separate economic development applicant.
