Trustees delay vote on proposed Mesilla winery, citing zoning code gaps and absent applicant

The Mesilla Board of Trustees on Nov. 12 postponed consideration of a special‑use permit for a proposed micro‑winery and wine‑tasting/event venue at 3320 West University, saying the town needs clearer documentation, ordinance interpretation and the applicant present to answer detailed questions.

Planning staff presented the application from Divya D'Andrea to operate a micro‑winery, tasting room and social gathering hall on a 6.28‑acre parcel at the edge of Mesilla's jurisdiction. Eddie Salazar, planning staff, told trustees the applicant had asked whether certain operations could be allowed under the town's cottage‑industry special‑use provisions and said the commission had reviewed micro‑winery references and recommended consideration. “If you grow and package the grapes here…a micro‑winery can fall under a cottage industry,” he said, framing the request as an attempt to use code language to permit small‑scale production and tasting.

Multiple trustees disputed that interpretation, citing town code 18.20.040(b), which lists prohibited commercial uses in the rural farm (RF) zone and emphasizes that retail or social gathering venues not primarily selling agricultural products may not be permitted. Trustee Susan Krueger, a public commenter earlier in the meeting, told the board she believed the request conflicted with that code section and that Planning & Zoning had overlooked the ordinance when it initially voted to recommend the matter.

Trustees also raised operational questions: whether tastings would be by appointment only, how wine would be sourced (planted grapes vs. purchased fruit), how manure and farm‑use provisions apply, and whether the applicant planned a venue for large events. Several trustees said the applicant should be present to clarify use and acknowledged that the town's ordinance language around cottage industries and modern small‑scale food or beverage production is out of date and may merit a broader code update.

With those concerns unresolved and the applicant not in attendance, the board voted to postpone PzHAC SUP case 061909 and directed staff to have the applicant present and to prepare clarifying information about how the proposed uses map to specific code sections. The postponement passed on roll call.