MARFA — Marfa City Council met last week for its second public hearing on six proposed changes to its zoning ordinance and to award hotel occupancy tax (HOT) grants.
The city has been in the process of amending its current zoning ordinance since this fall and is proposing six changes to the law based on recommendations from the Planning and Zoning (P&Z) Commission.
The six changes — which are posted in detail on the city’s website — include restricting the construction of more than one kitchen in houses within the R-1 single-family residential district, making allowable home occupations less restrictive, reducing setbacks for corner lots, clarifying buildable lot sizes to match the existing plats within the city, allowing residential use of properties zoned industrial, and allowing co-use of commercial properties as both businesses and residences.
The city held its first public hearing on April 22, with only Tony Georges — current City Council candidate and partner of Councilmember Travis Acreman — sharing views on the changes. Last week, Marfa resident Bob Schwab was the first to take to the podium to oppose the proposed ordinance changes, particularly the amendment regarding restricting the construction of two kitchens in homes in R-1 residential districts.
“It seems like the council in adopting this is going in the wrong direction, exactly opposite to what I feel you should do,” Schwab said. He said he is concerned about the changes infringing on private property rights and making the city’s lack of affordable housing even worse.
Initially, Schwab was concerned that the ordinance would not allow houses in the R-1 district, in which he lives, to have separate casitas with kitchens. He explained that he has an existing casita and would like to be free to use it however he sees fit –– if his mother-in-law were to need to move in, for example.
“I think there ought to be the allowance of one additional auxiliary housing unit in R-1, it’s a movement nationwide, it makes sense,” Schwab said. “We have large residential lots in R-1. There’s a lot of casitas, there’s already a lot of that use already existing.”
City Manager Mandy Roane clarified that the rule would not impact detached casitas, for it was designed to prevent the subdividing of a single home. “This is for each detached building. You cannot have two kitchens in one building,” Roane explained. “You can’t split your home into two and make a duplex with two kitchens, but each detached building can have its own kitchen.”
Acreman said the lack of affordable housing is among the City Council and P&Z’s concerns and helped drive the last two ordinance amendments which will legalize the use of commercial and industrially-zoned properties as residential spaces.
“The changes that we’re pushing for would make it so that you could have a dwelling unit and a business on the same lot, even in the same building,” Acreman said. “That’s a way that we can steer higher density, more housing options, but steer into the place where we’ve heard from people that they want it most, which is in the downtown core, and not so much in the residential fringes.”
Schwab said he was pleased to hear he would still be able to use his casita lawfully but still opposed the prevention of subdividing a home by including two kitchens. “I don’t see why we’d be opposed to that,” Schwab said. “I think, going forward, allowing for a single structure to be divided and have two kitchens, that will help solve some of our problems.”
Next to speak on the zoning ordinance changes was Jim Mustard, current manager of the city’s gas department, who used to serve as the city manager and a permitting specialist. He echoed Schwab’s sentiments that the adoption of the ordinance changes didn’t seem well thought out.
“You have a very complicated statute, and I don’t think you all are ready to amend it,” Mustard said. “I don’t think you’ve considered all of the ramifications.” “Some of these things are straightforward, and some of them aren’t,” he added.
Mustard’s primary concern was also about the R-1 kitchen amendment. However, he disagreed with Schwab’s point of view and felt it was “problematic” to allow people to subdivide their property and add additional units. “So if I have a 100, 120-foot lot, I can now put four houses in our R-1,” Mustard said.
“I don’t want my R-1 neighborhood turned into row after row of 25-foot lot houses,” he added. “I bought a house in R-1 with the expectation that I would be able to maintain the neighborhood. These are the kind of things you need to consider.”
With no other citizen comments, Roane said council was still awaiting a memo from their lawyer regarding additional ordinance changes that Councilmember Acreman requested, and they needed to table the item for further discussion at their next meeting before a vote.
Acreman noted they will also take Schwab and Mustard’s public comments into consideration. “We’ve gotten things to consider from the community,” he said. “This is actually the first time we’ve had some lively dissent and debate.”
In a follow-up with The Big Bend Sentinel, Roane explained the council still had time to work on and potentially amend the ordinance, and proposed changes could even be kicked back to P&Z for review.
HOT grants
Council members also heard from various cultural event leaders on their HOT grant requests. A portion of taxes the city receives from hotels and short-term rentals is funneled into grant programs for arts and culture, historical and sporting events. Grants help support events and advertising reimbursements.
Two times a year City Council hears grant funding recommendations from the HOT committee, which reviews applications. The city’s website states the HOT committee is made up of “representatives from local tourism, arts, and preservation fields, as well as Marfa citizens,” but its members currently only include three people: Mayor Manny Baeza, Mayor Pro Tem Raul Lara and Tourism Director Jennifer Conners.
Several locals spoke to council about their upcoming events and said they hoped to earn their support via HOT funds.
Producer of the Viva Big Bend music festival Stewart Ramser said his event, which will take place across the region this summer from July 24-28, is in its 13th year and greatly benefits from the city’s HOT grants. “Marfa’s been a big part of that for all those years, especially with the help of the HOT funds,” Ramser said. “That money really helps us have an expanded program here in Marfa. Nighttime shows are the biggest shows; we have almost 40% of those shows in Marfa.”
The organizer of Marfa’s Agave Festival, taking place June 6-9 this year, Tim Johnson, said HOT grants help him pay stipends to presenters traveling from Mexico and across the U.S. for the accessible event. “All of the nights have free food and drink, all the programs are free, and I think it’s just a pretty incredible way to celebrate Marfa and the Chihuahuan Desert culture,” Johnson said.
Alongside those long-established festivals were representatives from new events bringing more arts and culture programming to the region.
Tierras Sonidas, a new experimental sound art festival taking place May 24-26 in Marfa — with venues yet to be announced — was represented by local musician Andrew Stevens who said requested HOT funds would help house visiting musicians and artists performing in the festival.
Infinite Hellscape music festival organizer Shea Carley, whose event is taking place this weekend May 3-5 at venues across the region, said the festival aims to uplift underrepresented artists, and in particular “support local artists and foster connections between local talent and talent from Austin.”
“We hope that the festival will encourage people to come back to the region time and time again, and we hope you will consider us for the HOT grant,” Carley said.
Before announcing awards, Roane said the HOT committee had to make some tough decisions because more money was requested than available this grant cycle.
“What the committee seemed to lean a little bit more towards this time were the free events,” Roane said. “We’re helping out those events because those aren’t generating any income on their own, as opposed to those events that do have tickets, wristbands and entry fees.”
Council voted to approve $3,000 to Saint Mary’s Church for its bazaar; $2,500 and the use of the U.S.O. to the Presidio County Golf Committee; $5,500 to Ballroom Marfa for a 2024 exhibition, Steady; $6,500 for this year’s Viva Big Bend festival; $8,500 for this year’s Agave Festival; $4,635 to Marfa Recording Studio for this year’s Tierras Sonidas festival; $13,500 to the Marfa Chamber of Commerce for this fall’s Marfa Lights Festival; $1,570 for this year’s Infinite Hellscape festival; and $2,250 to the Marfa Municipal Alliance of Dead Country Folk Singers for a Fourth of July show.
