HomeMy WebLinkAboutRESPONSE - RFP - P960 HEARING OFFICER SERVICES FOR LAND USE CODE ISCLAIRE B. LEVY, LLC
November 8, 2004
James B. O'Neill II
City of Fort Collins Purchasing Division
P.O. Box 580
Fort Collins, CO 80522-0580
RE: RFP P960 HEARING OFFICER SERVICES FOR LAND USE CODE ISSUES
Dear Mr. O'Neill:
Please accept this letter of interest in response to the City of Fort Collins' Request for
Proposals for hearing officer services for land use code issues. I have enclosed by resume
and the completed bid form.
During my ten years as an Assistant County Attorney for Jefferson County I specialized
in land use and associated issues. Interpretation of zoning and land development regulations
was an integral part of my job. I advised zoning enforcement officers, the planning
department, the planning commission, the board of adjustment, and the county
commissioners on the interpretation and application of zoning and land use regulations. I
have also advised these bodies on hearing procedures for contentious land use issues, and
interacted with applicants and the public on these matters as well.
I have worked with the land use regulations of numerous jurisdictions in Colorado in
private practice. Doing so has required me to understand and interpret many different
regulatory methods and codes. I have worked in these jurisdictions on behalf of applicants
for various development permits and on behalf of opponents of development. I have also,
on occasion, advised the Boulder County Board of Adjustment on a contract basis when the
County Attorney had a conflict of interest.
I currently serve on the City of Boulder Planning Board, and thus find myself in the role
of decision -maker in quasi-judicial and other matters that require interpretation of land use
regulations. I have also served as chair of the Boulder County Parks and Open Space
Advisory Committee, and conducted many public hearings on matters of high public
interest.
Through the sum of my background and experience I have gained valuable experience
hearing testimony, reviewing submittal documents, interpreting and applying land use
regulations, and communicating with applicants, the public, and elected and appointed
officials. Many of the land use cases in which I have been involved have had a high level of
3172 REDSTONE ROAD • BOULDER, COLORADO • s0305-7126
PHONE: 303-543-7275 • FAX: 303-543-7276
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November 8, 2004
conflict and public interest. I believe I have handled stress and controversy associated with
these cases in a productive way.
I have not represented any clients in Larimer County or any, municipalities in Latimer
County. I would decline any such representation should I receive the hearing officer
contract.
I would be pleased and honored to serve as a hearing officer for Type 1 administrative
hearings under the Fort Collins Land Use Code.
Sincerely,
Claire B. Levy
Enc.
Claire B. Levy, Attorney at Law
3172 Redstone Road • Boulder, Colorado 80305-7126 • Telephone: (303)543-
7275; (303) 543-7276 fax.
EDUCATION
CASE WESTERN RESERVE UNIVERSITY SCHOOL OF LAW, CLEVELAND, OHIO
Juris Doctor, Class of 1982
Admitted to Colorado Bar, 1982
Honors: Elected to Order of the Coif
American Jurisprudence Award for Wills and Trusts
CARLETON COLLEGE, NORTHFIELD, MINNESOTA
Bachelor of Arts, European History, Class of 1978
Honors: Cum Laude
EXPERIENCE
SOLE PRACPTIONER, BOULDER, COLORADO. SEPTEMBER, 1999 TO PRESENT.
Currently representing public and private sector clients in all matters
related to land use, planning and zoning, development, local government
and real estate matters, including litigation, regulatory drafting, code
enforcement actions, land use hearings, permitting and land use
approvals, and annexation issues.
ADJUNCT INSTRUCTOR, UNIVERSITY OF COLORADO SCHOOL OF LAW. FALL
SEMESTER, 2000.
Adjunct instructor for upper level, three credit course on local
government law. The course included issues related to local government
police powers, home rule authority, state and federal preemption,
financing and spending, judicial review, public sector liability, and
constitutional limitations.
JEFFERSON COUNTY ATTORNEYS OFFICE, JEFFERSON COUNTY, COLORADO.
ASSISTANT COUNTY ATTORNEY - FEBRUARY, 1989 TO MAY, 1999.
Represented the Board of County Commissioners, the Planning
Commission and various county departments in all matters relating to
land use, planning, zoning and subdivisions. Duties included rendering
legal opinions during public hearings, drafting land use and subdivision
regulations, advising county departments on interpretations of land use
and other regulations, monitoring and lobbying on state land use
legislation, and litigating land use appeals. Other areas of responsibility
included solid waste disposal permitting, special district creation,
municipal annexations, legal access review, and liquor licensing.
BUCHANAN, GRAY, PURVIS & SCHUETZE, BOULDER, COLORADO. ASSOCIATE -
OCTOBER, 1986 - FEBRUARY, 1989.
Represented plaintiffs in civil actions for personal injury, products
liability and professional malpractice.
COLORADO PUBLIC DEFENDER'S OFFICE, APPELLATE DIVISION. DEPUTY
PUBLIC DEFENDER -AUGUST, 1983 - OCTOBER, 1986.
Represented convicted felons on appeal in the Colorado Court of
Appeals and Supreme Court, and in related post -conviction proceedings.
COLORADO COURT OF APPEALS. JUDICIAL CLERK FOR THE HONORABLE ALAN
L. STERNBERG - AUGUST, 1992 - AUGUST, 1993.
Responsible for researching and drafting opinions.
PROFESSIONAL ACTIVITIES
Speaker: National Business Institute seminar, "Practical Guide to Zoning and Land
Use Law in Colorado," December, 2003. Topics: Fundamental Zoning and
Land Use Actions; Judicial Challenges to Rezoning Decisions; Judicial
Appeals of Administrative Decisions; Special Issues.
National Business Institute seminar, "Colorado Land Use: Current Issues in
Subdivision, Annexation and Zoning Law," November, 2002. Topics:
Subdivision Control and Annexation law.
Colorado Bar Association Real Estate Refresher CLE Program, March,
2002. Topic: "Avoiding the Pitfalls of Critical Zoning Issues."
CLE-Intemational Conference on Locally Undesirable Land Uses,
November, 1999. Topic: "The Basic Applicable Law."
Colorado Department of Local Affairs, Colorado Counties, Inc., &
Colorado Municipal League Program, August, 1999. Topic: "Land Use
Planning for the Next Millennium."
CLE-International Conferences on Land Use Law, October, 1996. Topic:
"Basic Challenges: Rule 106 and Related Issues."
Colorado County Attorneys Association Winter Conference, 1996. Topic:
"Civil Actions: Rule 106, Declaratory Judgments and Section 1983 Actions."
Colorado County Attorneys Association Summer Conference, 1994. Topic:
"Basic Zoning Law."
CLE-International Conferences on Land Use Law, November, 1994. Topic:
"Basic Challenges: Rule 106 and Related Issues."
04
Colorado County Attorneys Association Winter Conference, 1992. Topic:
"Ethics - Role of the County Attorney at Public Hearings."
Colorado Association of Code Enforcement Officials, Accreditation
Program, November, 1989. Topic: Legal Issues in Zoning Enforcement.
Public Defenders Conference, Fall, 1985. Topic: "Fair Trial and Pretrial
Publicity."
Panelist: Rocky Mountain Land Use Institute, 2002. Topic: "A Primer on Local
Government Regulation of Land Use & Development."
Rocky Mountain Land Use Institute, 2000. Topic: "Land Use Ethics:
Current Issues'
Land Use From A to Z: Rocky Mountain Land Use Institute videotape on
Colorado land use law.
Rocky Mountain Land Use Institute, 1998. Topic: "Current Issues in Land
Use Litigation."
Rocky Mountain Land Use Institute, 1995. Topic: "Litigating the Land Use
Case."
Moderator: Rocky Mountain Land Use Institute, 1996. Panel topic: "An Overview of
Constitutional and Statutory Limitations on Local Zoning Authority."
Articles: "Changes to Colorado's Vested Property Rights Law" Be Colorado
Lawyer, Vol. 28, No. 7, 1999.
"Zoning for Cellular Towers Under Current Regulatory Conditions" The
Colorado Law erer, Vol. 27, No. 3, 1998.
"Substantive Due Process and Zoning Decisions The Colorado LamWer,
Vol. 25, No. 3, 1996.
CIVIC ACTIVITIES
Member of City of Boulder Planning Board, April 2004 to present.
Member of Board of PLAN -Boulder County, February, 2000 to present.
Chaired the Board from 2002-2004. Currently serving as vice -chair.
Member of Board of Boulder Arts Academy, 2003 to present.
Past member of Board of Commissioners for Boulder County Housing
Authority, April 2000 to April 2004.
3
Past member of Boulder County Parks and Open Space Advisory
Committee, 1994 through 1999. Served as Chair for three years.
PERSONAL INFORMATION
Colorado Resident since 1982.
Married with two daughters, ages 10 and 14.
Enjoy outdoor activities, gardening, cooking, music and reading.
Bid Form
P960 Hearing Officer Services for Land Use Code Issues
$_900.00k_/per hearing for six (6) hearings per year.
$_1 5 n -00 /per hour for additional services
*Assumes average of six hours per hearing.
Claire _B . Levy L L C
COMPANY NAME
___3172 Reds one Road, Boulder_ CO 80i05
STREET ADDRESS
CITY STATE ZIPCODE
AUTHORIZED
2/9/00
-November g, 2004
DATE