17.2.3 Design Review Board.
A. The DRB has been established, pursuant to the Town Charter and the CDC, as the Town’s architectural review board and as the Planning and Zoning Advisory Board. The DRB shall have the following powers and duties under the CDC related to the review of development applications:
1. Approval of certain Design Review Process development applications;
2. Approval of variations to certain Design Review Process development applications;
3. Approval of specific design elements as provided for in the Design Regulations;
4. Recommendations to the Town Council on certain development applications for rezonings, certain PUDs, density transfers, certain subdivisions, conditional use permits, variances and annexations; and
5. Conceptual worksessions (not a formal development application).
B. Seven (7) regular members to the DRB shall be appointed by the Town Council. In accordance with the provisions of the Town Charter, three (3) members are to be appointed in odd-numbered years, and four (4) members are to be appointed in even-numbered years. Up to two (2) alternate members may be appointed by the Town Council for four (4) year terms. Alternate members shall only vote when one (1) of the seven (7) regular members cannot vote due to a prohibition in the Town’s Code of Ethics or when a regular member is absent from a meeting. Any appointed alternate members shall actively participate in the discussion of agenda items, site visits and other DRB activities.
C. The Council shall appoint at least three (3), and strive to appoint at least five (5), members of the DRB who are lot owners or residents of Mountain Village. The term for a DRB member shall be for four (4) years.
D. Vacancies that may occur on the DRB shall be filled by appointment of the Town Council pursuant to the following procedures:
1. Solicitation for DRB Members: Upon the occurrence of a vacancy and prior to the expiration of a term, the Planning Division shall advertise the position at least one (1) time in a newspaper of general circulation or provide notice of such vacancy by electronic means.
2. Advising Applicants During Selection Process: It shall be the responsibility of the Planning Division to advise DRB applicants of the time commitment required for DRB membership. Applicants shall indicate their ability to meet this commitment prior to consideration of their candidacy by the Town Council.
3. Interviews: If an existing DRB member does not wish to seek reappointment, resigns or is removed by the Town Council as provided for in section F below, the DRB shall interview all first-time applicants for such position at a meeting. The DRB shall provide a recommendation of appointment to the Town Council. The Town Council may elect to interview any or all applicants prior to making an appointment to the DRB.
4. Town Council Appointment of Members: The Town Council shall make an appointment as soon as practicable after the close of the application period. The Town Council shall strive to select individuals with varying professional and civic backgrounds that represent a cross section of the community, such as architects, laypersons-residents, merchants, hoteliers-property managers, landscape architects, civil engineers and contractors. The Town Council shall also consider DRB members based on willingness to be active participants, a desire to fulfill DRB duties and the ability to positively interact with fellow DRB members, staff, the Town Council, other applicants and the public in a thoughtful and respectful manner.
5. Annual Review of Membership: All DRB members whose terms are expiring shall be notified in writing prior to the expiration of the term and extended an invitation to re-apply.
6. Oath of Office: Each appointed DRB member shall take the Oath of Office for a DRB member.
E. DRB members shall receive the following compensation:
1. The DRB chair shall be compensated for their services to the Town in the amount of six hundred dollars ($600.00) per month.
2. All other DRB members shall be compensated for their services to the Town in the amount of three hundred dollars ($300.00) per month.
3. DRB members receive a merchant Telluride Ski Resort season pass annually provided through the Town.
4. This compensation shall be effective as of July 1, 2022.
F. DRB members serve at the pleasure of the Town Council and may be removed from office upon a majority vote of the Town Council. A DRB member may also be removed by the Town Council, upon recommendation from the DRB, for failure to attend three (3) consecutive meetings in any one (1) year without justification or for failure to carry out the duties of a DRB member.
The DRB shall elect from its membership a chair and vice-chair whose term of office in such capacity shall be for one (1) year with eligibility for re-election. Officers shall be elected annually by majority, hand vote of the DRB at the first regular meeting of each calendar year.
1. DRB Chair. The chair shall preside at all meetings and shall be the chief executive officer of the DRB.
2. Vice-Chair. The vice-chair shall act as chair during absences of the chair. The vice-chair shall serve as chair, if that position becomes vacant, until such time as the DRB shall elect a new chair.
3. Temporary Chair. The DRB will elect a temporary chair when the chair and vice-chair cannot preside at a meeting.
G. DRB may request the Town Council appoint one (1) or more committees or task forces to examine specific issues, to conduct research and develop recommendations on matters of concern to the DRB, or to assist the DRB in carrying out its duties. The purpose of such groups shall be to encourage greater involvement of citizens in the planning process and to utilize individuals having special expertise and an interest in the community. The work of any committee or task force shall be performed by its members without the assistance of staff unless such staff assistance is approved by the Town Council.
H. Regular meetings of the DRB shall be held on the first Thursday of each month unless there is a conflict in such meeting date, in which case, a new DRB meeting date will be established in the annual DRB meeting calendar. The DRB may conduct special meetings, in addition to regularly scheduled meetings, as circumstances may require and as determined by the Director of Community Development. The agenda of all DRB meetings and site visits shall be noticed by:
1. Publication in a newspaper of general circulation in San Miguel County, or by publication on the Town’s website; and
2. Posting of the agenda at any of the Town’s official public notification boards.
I. DRB Conduct of Business.
1. Quorum. A simple majority of DRB members shall constitute a quorum. No business shall be transacted by the DRB unless a quorum is present. A quorum is not necessary for the DRB to conduct worksessions, continue agenda items or for discussion items. A quorum shall be considered to be maintained if a quorum is present at the start of the agenda item, but cannot be maintained due to a member’s inability to participate due to a conflict of interest under or other recusal required by the Municipal Code’s code of ethics or the need for member to leave the meeting. The DRB may continue an item to the next regularly scheduled meeting where a full quorum cannot be maintained due to a member’s inability to participate if the number of members drops below three (3) members.
2. Voting Requirements. Actions of the DRB shall be approved by the affirmative vote of a majority of the DRB members present at a meeting at which a quorum is present. A tie vote of the DRB on any matter before it shall constitute a failure to approve that matter. Other motions may be made after a tie vote, and if the DRB still has a tie vote after three (3) motions, the tie vote will be considered a denial of the development application before the DRB. Proxies are not permitted. A DRB member may vote to approve minutes for a meeting that member did not attend. A member may not vote on a development application that has been considered at a series of meetings, at which that member was not present at all meetings where the development application was considered, unless that member has listened to the recording of the meetings from which he or she was absent.
3. Record. Community Development Department staff shall create a public record of the DRB meetings and maintain such record as required by the Town’s Record Retention Schedule.
J. Every member of the DRB shall be governed by the Town’s Code of Ethics as may be adopted and amended from time to time by the Town Council.
K. The Town shall provide necessary staff support and supplies to the DRB, within the amounts annually budgeted and appropriated for such staff and expenses, and pay all budgeted and approved expenses incurred.
L. A DRB member may present planning applications before the DRB provided such member has disclosed a conflict of interest pursuant to the code of ethics and has recused themselves from the DRB for discussion and voting on such application. (Ord. No. 2022-11 §2; Ord. No. 2022-03 §2 (Exh. A)).