The La Plata County commissioners OK’d construction of a 970-square-foot liquor store on the 4.9 acre Helen’s Store property on Florid Road (County Road 240).

It’s phase one of redevelopment that could include a restaurant in phase two. The commissioners approved a conceptual plan for the property about a year ago. The liquor store was approved earlier this month. The property, at the turn-off to Lemon Reservoir on County Road 243, is in the Florida Road Land Use Planning District.

“It was recognized (in the plan) as a node of commercial activity,” La Plata County Planning Director Damian Peduto said. The approval included conditions for the new building to use an architectural style that recognizes the historic nature of the site and that prevents spill-over lighting onto other properties.

Asked if that means “Dark Skies” lighting, Peduto said, “The county hasn’t adopted that in the code, but as a compatibility measure, dark skies was cited as the best management practice” in terms of off-site impacts.

Another condition of approval limits operating hours to between 10 a.m. and 10 p.m.

County Commissioner Julie Westendorff noted flood and geologic hazard issues. The applicant will have to get a certificate of base elevation for flooding and design the building with first floor elevation the required 1 foot above that, Peduto said. “When they go through the building permit application, it will have to be evaluated for mitigation of placing an obstruction in the flood plain.” Obstructions on one property can direct flood water onto someone else’s property.

County Commissioner Brad Blake said there were reports of some flooding in that area in late spring when large amounts of water were being released from Lemon dam.

Nancy Lauro from Russell Planning and Engineering represented the applicants, Donald and Nicole Hutchins. She said, “Our engineers were on-site during that. These sites were dry.”

There’s an ongoing slide zone on the hillside across Florida Road from the property.

“The road is regularly damaged by slide activity,” Westendorff said. “Is there county liability if we approve this at the bottom of a known slide area?”

An aerial map shows the slide area across the road from the east part of the property. The liquor store will be farther west.

Peduto said the county public works director reviewed the geo-technical report and mitigation plan submitted by the applicant’s consultant.

“The county professionals have accepted the applicant’s professional’s work,” he said.

County attorney Adam Smith agreed. “We’ve done all we can to mitigate potential issues,” he said.

Westendorff countered, “There’s liability, and then there’s Is this a bad idea? My sense of what the (applicant’s geo-hazard) report said is you should expect this to continue to slide a little bit, but not a big slide that would put this property at risk. There’s a berm suggested. Does that externalize the problem on someone else?”

The county public works director accepted the design of the berm, Peduto said.

Lauro said the applicants started by meeting with neighbors in 2009 to discuss uses and best locations for those on the site. “The financing and business case are better for a liquor store than a restaurant, so that’s phase one. There are some old barns and the store itself that he wants to keep, but the store really can’t be used at that location.”

The liquor store is designed to have a log exterior, she said.

The new water well and engineered sewer system are intended to serve both the liquor store and future restaurant.