Butler planning and zoning commission members hope their recommendation for zoning in the proposed Ritts historic and architectural district is heeded by City Council this time.

One of the two recommendations that commission members unanimously approved Wednesday is the same one they said council ignored last year before voting to rezone the entire proposed Ritts district to R-1 for single family homes.

The commission approved a recommendation asking council to rezone the part of the proposed district that originally was zoned R-1 back to R-1 and rezone the rest of the district to R-2, which allows single-family and two-family dwellings.

The original zoning in the district, which is bordered by North McKean, Elm, Howard and Cedar streets in the northern corner of the city, included R-1, R-2, R-3, which allows multifamily dwellings, and C-2 for commercial development.

In September 2018, council rezoned the entire district to R-1 despite the commission's recommendation to retain the R-1 zone and rezone the rest to R-2.

“Our input has been ignored or rejected,” said Joe Caparosa, commission chairman.

The second recommendation asks council not to proceed with the second and final reading of an ordinance establishing the Ritts historic and architectural district. Council is expected to vote on the final reading at its Dec. 19 meeting.

Commission members said the district can be established without the rezoning and said the ordinance has “major imperfections” that should be changed.

The biggest problem with the ordinance proposed by City Council is that it allows single family homes to be converted into duplexes in the district, but single family homes can't be converted into duplexes in other R-1 zones, commission members said.

“I don't think that was well thought out,” Commission member Larry Christy said.

He said if the owner of a single-family home in the district converts the home to a duplex and then dies, his heirs would have to move into the home or find a buyer who wants to live in a duplex because the ordinance requires that owners occupy all homes in the district. The heirs could also sell the property.

“This needs a lot more work. It's not ready for prime time,” Christy said.

Commission member John Mossman agreed.

“I do not think this is ready to be enacted in any way,” he said.

City solicitor Tom Breth said issues always arise when zoning changes are made.

“There's always legal consequences when you do things like this,” Breth said.

He recommended that the commission and council meet to resolve their differences.

The Ritts ordinance was intended to preserve the architecture of old homes in the district.