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II. GENERAL SITE AND LOCATIONAL INFORMATION The property is located in the southeast quarter of Section 14 and the northeast quarter of Section 23 in the Town of Westport. The parcel has approximately 450 feet of frontage on the southeast side of River Road. Residential subdivisions border the property to the southwest, west and north, with county-owned portions of the Cherokee Marsh Natural Resource Area to the southeast. The Madison city limits also border the southeast portion of the property, and the property is within a Limited Service Area. III. ENVIRONMENTAL FEATURES As mentioned above, the Cherokee Marsh Natural Resource Area, a park and wetland complex associated with the Yahara River, borders the property to the southeast. The Wisconsin Wetland Inventory shows no wetlands on the property, and the property does not appear to be in a floodplain. As long as renovations are limited to interior work, no extraordinary safeguards should be necessary. Extensive exterior renovations or additions may require appropriate erosion and stormwater controls to prevent siltation of downslope wetland areas. IV. COMPLIANCE WITH COUNTY ORDINANCES Schools are normally permitted uses in a B-1 district, but in this case, deed restrictions would allow only religious educational facilities,not secular ones. It is quite possible that this distinction would not survive a legal challenge, as preferential treatment for religious institutions could be seen as a violation of the principle of separation of church and state. As a practical matter, it is difficult to imagine a circumstance where a religious school would have any more or less impact than a secular school. Otherwise, this application would appear to be consistent with county ordinance requirements. V. COMPLIANCE WITH ADOPTED PLANS The site is within an area designated for institutional use in the Town of Westport Land Use Plan, adopted in 1992. A private school would appear to be an appropriate use for this area. VI. PUBLIC, LOCAL GOVERNMENT AND AGENCY INPUT The Dane County Parks Department has expressed interest in purchasing portions of the property not used for the school as additions to the Cherokee Marsh Resource area. Negotiations between the Parks Department and Madison Country Day School are ongoing. As of this writing, no other county agency had commented on the proposal. The Town of Westport voted on May 18, 1998 to approve the petition with the following two conditions: 1. Uses be limited to the following: (a) Retail sales of health and wellness related items, limited to a sales area not to exceed 1,500 square feet,with no exterior storage permitted; (b) Retail service business serving health and wellness needs of individuals and groups; (c) Outdoor sales events, such as ice cream socials and similar feasts or celebrations, limited to two events per year, any single event to be held on consecutive days of not more than 2 days in duration, and related to permitted uses (a) and(b)above;