jeffco.us/public-health
MEMO
TO:
Christiana Farrell
Jefferson County Planning and Zoning Division
FROM:
Tracy Volkman
Jefferson County Environmental Health Services Division
DATE:
January 12, 2015
SUBJECT:
Case #14-133951 RZ
Rock Creek
Charles Mckay
PROPOSAL SUMMARY
Rezone to amend the Official Development Plan to allow for commercial uses in I-2 zoning
COMMENTS
Jefferson County Public Health (JCPH) provided comments on October 14, 2014 regarding the
pre-application process for this planning case. We have reviewed the documents submitted by
the applicant for this pre-application process and have the following comments:
The applicant must submit the following documents or take the following actions prior to a ruling
on the proposed rezoning of this property. NOTE: Items marked with a “” indicate that the
document has been submitted or action has been taken. Please read entire document for
requirements and information. Please note additional documentation may be required.

Date Reviewed
Required Documentation/Actions
Refer to Sections
Submit proof of water supply service from
Smart Reservoir or proof of the legal right to
use water from Smart Reservoir for the
proposed use in accordance with the Jefferson
County Zoning Resolution and Land
Water
Development Regulation (LDR) Section 21.
Refer to section for details on all items to
be included with this documentation.
Submit a letter of site approval from the
Colorado Department of Public Health
Wastewater
(CDPHE) for the expanded use of the onsite
wastewater treatment system.
Mission: Promoting and protecting health across the lifespan through prevention, education, and partnership with our communities.
Lakewood Offices/Clinic
Environmental Health
Arvada WIC
645 Parfet Street
645 Parfet Street
6303 Wadsworth Bypass
Lakewood, CO 80215
Lakewood, CO 80215
Arvada, CO
80003
303.232.6301 – phone
303.232.6301 – phone
303.275.7510 – phone
303.239.7088 – fax
303.271.5760 – fax
303.275.7503 – fax
2
WATER
The Jefferson County Zoning Resolution (Section 1.I.2.k) requires the applicant to provide
documents which demonstrate a legal right to the water supply.
A letter dated December 10, 2014 prepared by RAC Development, Corp. states that raw water is
supplied to the existing buildings from Smart Reservoir and each building, 10828 and 10838 W.
Highway 93, has their own separate water treatment system. This letter does not provide proof
that the proposed development has a legal right to use the water from the Smart Reservoir as a
water supply. Please submit documentation that states water can legally be supplied from
the Smart Reservoir to the existing and future development of these properties.
Documentation must be provided that demonstrates that the proposed development has
obtained a legal right to use the water from Smart Reservoir as proposed or has obtained
a legal agreement with the owners of the water in Smart Reservoir to use the water from
Smart Reservoir as proposed. The documentation must include the amount of water the
proposed development has acquired or has the right to use and the types of water uses
that are allowed.
Please note that water systems that serve as a drinking water supply for 25 people or more per
day for more than 60 days per year are considered to be a Public Water System as defined in the
Colorado Primary Drinking Water Regulations. Public Water Systems are regulated by the
Colorado Department of Public Health and Environment (CDPHE). Some of the requirements for
Public Water Systems include an approved water treatment system, water quality monitoring, and
a state licensed water treatment plant operator. Please contact the Water Quality Control
Division, CDPHE at 303.692.3500 or Cathy Heald at 303.692.3613 for application and
monitoring requirements. This Department would inspect such a drinking water supply for
compliance once in operation.
WASTEWATER
JCPH has records of an existing onsite wastewater treatment system (Permit #11806, Folder 04123487 Old OW) for the building located at 10838 State Hwy 93. We have no records that the
building located at 10828 W. Highway 93 was permitted to be installed on this system.
A letter dated December 10, 2014 prepared by RAC Development, Corp. states that the Rock
Creek Industrial Park is supported by an aeration wastewater treatment plant. Please note this
system was permitted not to exceed 2,000 gallons of effluent per day. The letter states that
the present year’s usage is approximately 1,500 gallons per day. This system is monitored and
serviced by a class “D” operator.
Please note at the time of site development the addition of commercial, industrial and or retail
establishments will likely require this onsite wastewater treatment system to be increased in size.
Onsite wastewater treatment systems (OWTS) with an average daily flow of 2000 gallons
per day or more must comply with the Colorado Water Control Act, Article 8, Title 25 of the
Colorado Revised Statutes, and Regulations adopted by the Colorado Water Quality
Control Commission. Site approval from the Colorado Department of Public Health and
Environment is required. Depending on the type of system, Jefferson County Public
Health would issue the actual OWTS construction permit. Please contact Craig Sanders at
[email protected] or 303.271.5759 for more information on this process.
3
RADIATION (LDR 27)
This property is located within the delineated area of the map found at 27.A.3.b of the Land
Development Regulation Section 27 – Radiation. All development within the delineated area
requires a Radiation Assessment which includes a Radiation Map, Report, and Plans. However,
this Department has received a letter dated June 26, 2014 prepared by the Colorado Department
of Public Health and Environment (CDPHE), Hazardous Materials and Waste Management
Division, that states the following:
“Confirmation sampling showed that the remaining concentrations are well below levels of
concern. Following the decade-long cleanup project, which is the largest Superfund
cleanup completed to date, the State and EPA approved the remedy as being protective of
human health and the environment. All offsite area and the Refuge portion of the site now
allow “unlimited use and unrestricted exposure”.”
Given the findings of the CDPHE, Jefferson County Public Health no longer requires a Radiation
Assessment for properties located within the delineated area of the map found at LDR 27.A.3.b.
If the applicant needs additional information regarding any potential radiation hazards that remain
within the delineated area of map LDR 27.A.3.b and/or the clean-up of Rocky Flats, please
contact Carl Spreng at 303.692.3358 at the CDPHE.
ENVIRONMENTAL QUESTIONNAIRE
Although not required for this rezoning process, an environmental questionnaire and disclosure
statement dated December 18, 2014 was submitted for review. The applicant checked "No" on all
categories of environmental concern on the cover sheet. From this information it does not appear
that any environmental factors exist which would negatively impact the property.
ACTIVE LIVING
At the time of site development, JCPH recommends that the developer consider active living
concepts such as but not limited to the following:
 Consider limiting the number of drive-through and drive-up uses which are allowed thereby
not compromising the ability to create a mixed use, pedestrian friendly environment. Also
consider design standards such as the number of lanes allowed, the screening of these lanes,
and the locations of the drive-up windows.
 Provide pedestrian sidewalks that are of adequate width (minimum of 5-6 feet) to allow for two
people to walk comfortably abreast.
 Orient future buildings adjacent to the street/pathway to improve pedestrian access and
circulation; and provide parking to the back.
Design elements such as these such as these can promote public health by fostering a sense of
community and enhancing the well-being of the users of this development.
AIR
A fugitive dust permit is not required for the development of these sites. However, the developer
must use sufficient control measures and have a dust control plan in place to minimize any dust
emissions during demolition, land clearing and construction activities. This department will
investigate any reports of fugitive dust emissions from the project site. If confirmed, a notice of
violation will be issued with appropriate enforcement action taken by the State. JCPH can provide
a dust control plan template to the applicant upon request.
4
NOISE
The Colorado Revised Statutes (Sections 25-12-101 through 108) stipulate that commercial areas
must comply with the following maximum noise levels 25 feet from the property lines:
• 60dB(A) from 7:00 a.m. to 7:00 p.m.
• 55dB(A) at all other times.
The Colorado Revised Statutes (Sections 25-12-101 through 108) stipulate that light industrial
sites must comply with the following maximum noise levels 25 feet from the property lines:
• 70dB(A) between 7:00 a.m. and 7:00 p.m.
• 65dB(A) at all other times.
The Colorado Revised Statutes (Section 25-101 through 108 stipulated that industrial sites must
comply with the following maximum noise levels 25 feet from the property lines:
• 80dB(A) between 7:00 a.m. and 7:00 p.m.
• 75dB(A) at all other times.
REGULATED FACILITIES
Certain commercial uses may be subject to plan reviews, inspections, licensing and/or permitting
by this Department, or referred to State agencies. Regulated uses include, but are not limited to
the following: Child Care Centers/Schools, Food Service Establishments/Grocery Stores,
Swimming Pools/Hot tubs, Dry Cleaner, Gasoline Stations/Auto Repair/Auto Body,
Manufacturing/Fabrication Uses, Assisted Living/ Nursing Home