The Warren City Council held a special meeting on Monday, Feb. 24, to address a zoning error that had remained uncorrected for over four decades. The issue involved Parcel No. WN-499-86100, commonly known as the Days Inn on the city’s west end, which had been incorrectly designated as an industrial zone since 1982.

“The city solicitor, Andrea Stapleford, researched this matter and, following discussions with Mr Branch’s legal counsel, advises that it is in the best interest of the city to settle the matter by way of the proposed consent order,” said Mike Holtz, city manager, at the outset of Monday’s meeting.

Three members of the public were critical of the vague legal notice announcing Monday’s special meeting. Wendy McCain, council member, asked if the council would be able to share more information. Stapleford said in 1976 there was a portion of the parcel that was affected by a zoning change. The entire parcel had been industrial, and was rezoned as commercial to allow the Holiday Inn to be developed. When that change was made the city’s zoning map was not changed to include the entire parcel, so two tenths of an acre remained on the map showing it was zoned industrial. It remained that way until 2024.

“The city’s zoning ordinance only allows oil and gas operations in industrial districts,” Stapleford said. “When in May of 2024 the city zoning ordinance was revised, revamped, as was the map so at that point in time the entire parcel shows on the map as being zoned commercial and that was the first time that had been properly reflected ever. So in reliance on the city’s zoning map and that small portion of WN-499-86100, Mr. Branch proceeded with a drilling project, again in reliance on the city’s zoning map which wasn’t changed and corrected until May of 2024.”

Pictured is the Days Inn site where the proposed gas wells will be located.

Mayor Dave Wortman said Branch and his company sued the city based on the fact the parcel was inaccurately depicted on the city’s zoning map since 1982. Branch acquired the ability to produce oil and gas on the property believing the area was zoned industrial, which would allow drilling. Stapleford said a consent order is when both parties to a lawsuit agree on a resolution, but it needs a judge’s approval. Typically the judge agrees with the parties’ resolution, she said.

“This is very short and sweet,” Stapleford said. “It just says assuming a public document it just references the two tenths of an acre and it will have a map attached to it that specifically depicts that area and will state to the effect that for the purposes of Mr. Branch’s lawsuit, this two-tenths of an acre will be considered industrial to allow his project to proceed.”

McCain asked if there are risks. Stapleford said they appear minimal. She said there are few people interested in the parcel while the owner has sold the oil and gas interests to Branch and is aware drilling will happen on the site. “Some of my questions don’t have to do with the consent order as much as I’d be curious. I think we knew about this last week, and I’m curious why we didn’t have this on last week’s agenda and then we’re having a special meeting tonight?” McCain asked.

Stapleford said it was an oversight that it wasn’t on the regular council agenda.

“It’s not anything pertaining to this matter itself, but it did need to be addressed quickly,” Stapleford said. “It needed to be addressed for the court’s purpose because the court will want to get something on its docket, we would have to file an answer, so because of legal requirements we need to get it addressed.”

Branch has yet to file for permits for the oil and gas project, so city officials aren’t sure what limitations will be placed by the Department of Environmental Protection. Wortman said the discrepancy was brought to the council’s attention several weeks ago, prompting Holtz to send a letter to Branch saying the property isn’t industrial and that drilling isn’t allowed. Branch responded with a lawsuit.

“We knew there was probably going to be some type of legal action relative to this piece of property and his desire to develop the oil and gas on said property,” Wortman said.

McCain moved to table the decision until the next scheduled council meeting, citing the need for further discussion and to allow the public to get more information. There was no second, so McCain’s motion failed. The motion to approve the agreement passed by a 5-0 vote, with McCain abstaining.