Loading...
Zoning American Trust ATM allowance Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org www.cityofdubuque.org D~O~~ ~ck~ November 8, 2006 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13lh Street Dubuque IA 52001 RE: Text Amendment Applicant: Robert Peacock, American Trust & Savings Description: To amend Section 3-5.2 of the Zoning Ordinance to allow drive-up ATM Teller Machines in medicallD Institutional Districts. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicant spoke in favor of the request, noting that the proposed amendment is limited to medical campuses. Staff reviewed the proposed text amendment, noting that the City has only two medical campuses - the Finley Hospital and Mercy Medical Center. Staff reviewed current allowed uses and noted that both campuses generate a large volume of vehicle traffic on a daily basis. The primary users of an ATM drive-up facility would be visitors to the campus. There were no public comments. The Zoning Advisory Commission discussed the request, noting that they recently reviewed an amendment to allow freestanding pharmacies in the Institutional District, and that allowing drive-up ATMs as an accessory use will not adversely impact adjacent property. Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, ~~''51/fi.-e_- &/.-Icl, //1.. ZA (; {n/.,_ Eugene Bird Jr., Chairperson Zoning Advisory Commission .~._----_._--------_..__._-------,--~ . --..--".-.------------- Service People Integrity Responsibility Innovation Teamwork ~~ ~~?fk4 aty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM. o Variance OCondi1iona1 Use Permit OAppeaI . . OSpeciaI Ela:eption Oumited Setback WiW{er ORezon~ OPlanned DistrIct OPrelimlnary Plat OMlnor Final Plat QjTextAmendment OSimple Site Plan OM/nor Site Plan o Major Site Plan o Major Final Plat 05imple Subdivision DAnnexatiOn OTemporary Use Permit DCertifiClte of Economic Non-ViabIlity OCertfficate of Appropriateness DOthe": Please tvoe or arint leaiblv in Ink Property owner(s): Address: N/A Phone: Cll.y: Sl2te:_~ Fax Number: Mobile/Cellular Number: Applicant/Agent: Alrerican TruSt & savings Bank Phone: (563) 582-1841 . At:1:: .t<O.t:.lert:. PeaCOC.IC, ~ VJ.Ce .1:"reSl.Oent Address: 895 Main Street aty: Dubuque State: ~ Zip: 52001 Mobile/Cellular Number: Site location/address: Existing zoning: N/A Proposed zoning: N/A Historic District: N/A Landmark: N/A Legal Description (Sidwell parcel ID# or lat number/block number/subdivision): N/A Total property (lot) als (square feet or acres): N/A Descibe proposal and reason necessal)l (attach a letter of explanation, if needed): See attached. CERTIFICA nON: I/We, the undersigned, do hereby Certify that: 1. The Infcrma~on submitted herein Is true and correct to the best of ITr//our knowledge and upon submittal becxJmes publiC record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All adcitlonal requIred writt:eJ:l and graphic materials are attached. Property Owner(s): Applicant/Agent: American TruSt & Savings Bank Att: Robert Peacock, Seni= vice President Date: _~~rP / t? -c:J -cJ ~ FOr~ OFFICE USE ONLY -APPUCATION SUBMmAL CHECKLIST Fee:.f-;zoo .lX:Recelved by: ~ J?-r OSitetsketch plan 0 Conceptual Dev opment Plan OImprovement plars DOesign review project desciption Date: 10 'I.DI., Docket: OPhotc OPlat DROOl' plan DOther: -~~ - Simply better banking: -- 895 Main Street P.O. Box 938 Dubuque, Iowa 52004-0938 563.589.0819 Fax 563.583.5041 bpeacock@americantrust.com www.americantrust.com Robert I. Peacock, CAMS Senior Vice President October 2, 2006 City of Dubuque Planning Services Department Mr. Kyle Kritz 50 West 13th Street Dubuque, Iowa 52001-4864 Dear Mr. Kritz: This letter supplements our Application requesting a Text Amendment Change to the zoning ordinance in the ID Institutional District. In particular, we request a Text Amendment to clarify and ensure that a Drive-Up Automated Teller Machine (ATM) would be an allowed permissible use or, alternatively, an allowed accessory use in an Institutional District. Our request at this time is limited to the Medical Campus context. In limiting this request to the medical campus context, we anticipate the Text Amendment to be inserted within Subsection (B) under the sub-heading "Additional Principal Permitted Uses for Medical Institutions" as an allowed principal permitted use; or alternatively, as an allowed accessory use under Subsection (C), subject to input from your Department. As part of this Text Amendment request, we would like to address potential concerns raised by Subsection (E) regarding limitations on the commencement of uses by parties unassociated with the principal institution. In the following paragraphs, we will outline the basis for this request and preliminarily address those concerns. First, it is our position that the capability of offering a drive-up A TM within a medical campus is a natural and inevitable partnership in the delivery of convenience services to patients, customers, visitors and employees of medical centers. Automated Teller Machines have been permitted within medical-campus buildings for a number of years. Along with the expanded presence and use of A TMs, the delivery of banking services has evolved to serve public demand for convenience and access to customer accounts. As part of this evolution, drive-up facilities of all kinds are more and more expected and requested by consumers. This is consistent with the many users of medical facilities who want to minimize the need to exit and re-enter their vehicles. This is especially true for those with physical limitations, weakness, sickness or other reasons. Drive up convenience is safer and helps caregivers who do not wish to leave a loved one unattended while they "run in" to conduct business in the medical facility. Likewise, the proposed change is consistent with the trend in delivery of health care and health care related services in our community. Hospitals no longer treat patients for extended periods of time in which they become "quasi-residents." Instead, hospitals are organized to serve increased patient demand and volume through the delivery of a cross-section of services in a more "out-patient" environment. Our hospitals, clinics and physician offices market and bundle their services as offering "convenience" (e.g. "Convenient Care" and others). The volume of persons coming and going on medical campuses to participate in an assortment of activities continues to increase. Consistent with the bundling of health care services to serve as a convenience to the patients, medical campuses bundle numerous "commercial" activities to serve the general public. They employ a wide variety of services and providers to deliver this convenience. Cafeterias, coffee stands, book shops, flower shops, drug stores, medical suppliers, library materials, education programs, support groups, postal counters and even bank counters are part of medical campuses in Dubuque and nationwide. Further evidence of this trend is exhibited by the fact that a West-end Medical Facility is currently zoned "Commercial. " Second, this request remains consistent with the stated general purpose of an ID Institutional District. The delivery of convenient banking facilities such as a drive-up A TM will symbiotically work with the broad range of essential living services and facilities provided by the ID Institutions for both resident and transitory populations. It further supports the medical purpose of such an institution by permitting patients and visitors access to their accounts to secure and purchase services, medical appliances and modalities, and medications related to their care. As noted above, it also supports those with limited mobility or those with passengers of limited mobility to access their accounts without the need of leaving their vehicles. Third, a Drive-up ATM would not operate as an expansion of an existing ID institutional district. A drive-up A TM would be installed within an existing institutional boundary and in a location where its convenience and access would be maximally served. Such projects would not involve substantial construction. They would require low levels of lighting. Such improvements would produce no additional noise. Given the existing location of medical campuses in Dubuque, no harm would fall upon residential areas. In fact, the convenience of ATM banking services would only enhance residents' quality oflife in the saving oftime and travel expenses to conduct banking. Also given the location of the medical campuses in Dubuque, there would not be an adverse affect on traffic or parking. A Drive-Up A TM would fall within the purview of one of the users identified in Subsection (E). We believe that it would not run afoul of the purposes stated in Subsection (E) because it would (I) be related to the promotion of the primary medical purpose of the institution for the reasons noted above and/or (2) it would not involve the commencement of a non-institutional use on the premises besides one that already exists for some time. We believe this information merits a Text Amendment to clarify and confirm the ability to install and maintain a drive-up A TM on a medical campus within the Institutional District zoning ordinance. Thank you for your consideration. If you have any questions, require any further information or need any clarification, please contact me at 589-0819. :~-/~~~ Robert 1. Peacock, CAMS American Trust & Savings Bank ~~~E ~<k~ MEMORANDUM October 25, 2006 FROM: Zoning Advisory Commission A1.-t. Kyle L. Kritz, Associate Planner' r... TO: SUBJECT: Amendment to the Institutional District Regulations INTRODUCTION American Trust & Savings Bank is proposing an amendment to the City's Institutional District Regulations to allow drive-up automated teller machines on medical campuses. The City's Institutional District is applied to both medical and educational campuses within the city of Dubuque. A copy of the existing Institutional District Regulations is attached to this memorandum for the Commission's review. The Institutional District Regulations were last amended to allow stand-alone pharmacies as a principal permitted use on medical campuses. DISCUSSION The proposed text amendment to allow drive-up automated teller machines (ATM) is being proposed by American Trust & Savings Bank. The text amendment, if approved, would apply to the two medical campuses currently zoned institutional district (Finley and Mercy) and would not be limited to any particular financial institution. In the way of background, A TMs have been permitted in existing buildings on both medical and educational campuses for some time. ATMs are not specifically mentioned in the existing Institutional District Regulations; however, staff has interpreted them as an accessory use. Planning staff did not have the same comfort level in interpreting the ordinance to allow drive-up automated teller machines as an accessory use within an institutional district. Walk-up ATMs that are installed within principal buildings primarily serve the campus populations that are already present in the district. Planning staff's principal concern is that since institutional districts tend to be surrounded by residential development and any expansion or intensification of these districts can be a sensitive issue for the surrounding property owners. Planning staff thought it was best to have a formal text amendment be submitted to review the proposal for drive-up ATMs. American Trust & Savings Bank has proposed to limit the application of drive-up A TMs to medical campuses, and not include educational campuses. Planning staff believes this is Amendment to the Institutional District Regulations to allow drive-up ATMs October 25,2006 Page 2 appropriate, as the medical campuses already tend to operate more in a commercial manner given the number of vehicle trips in and of the two campuses on a daily basis and the large number of permitted uses that include emergency care, hospitalization, outpatient surgery, doctor offices and clinics, dental clinics and pharmacies. The educational campuses in town, while also generating a high level of vehicle trips, tend to have less of a turnover in vehicles and do tend to be located in closer proximity to existing residential areas. Planning staff would propose that the Zoning Advisory Commission review the request by American Trust & Savings Bank, and if inclined, could add the drive-up automated teller machines as an allowed accessory use or as a conditional use. If the drive-up facilities are allowed as an accessory use, they could be constructed with only a code review being performed by City staff. If they are allowed as a conditional use though, the Zoning Board of Adjustment would have to review and approve a conditional use permit before installation of the drive-up automated teller machine could take place. A conditional use permit does require notification of property owners within 200 feet and a public hearing before the Zoning Board of Adjustment. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the attached information provided by the applicant and make a recommendation to the City Council regarding the installation of drive-up automated teller machines in medical institutional districts. KLKlmkr Attachment Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13m St Telephone: 589-4121 ORDINANCE NO. 72-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING DRIVE-UP AUTOMATED TELLER MACHINES AS AN ACCESSORY USE IN THE ID DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That Sections 3-5.2(C)(1), 3-5.2 (C)(4) and 3.5.2(E)(3) of the Code of Ordinances are hereby amended by adding drive-up automated teller machines as an accessory use in the ID Institutional District as follows: : (C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in Section 4 of this ordinance: (1) Restaurants or cafeterias; flower shops; gift shops, and candy, cigar or magazine stands; but only when operated and located entirely within a principal building, except that drive-up automated teller machines shall be allowed on medical institutional campuses. (4) All other uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside a principal building, except for drive-up automated teller machines. (E) Prohibition on commencement of use by parties unassociated with the principal institution: Within an existing ID Institutional District, no use otherwise provided for this district may be commenced by any person(s) except that: Ordinance No. -06 Page 2 (1) The principal institution or its agent; or (2) A person under contractual or other legally binding obligation to provide services to such institution (e.g., the independent operator of a student cafeteria); or (3) The person or persons operating a doctors' clinic or other facility permitted under the principal permitted or accessory uses of this section. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication. as provided by law. Passed, approved and adopted this 20th day of November2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk