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
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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,
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Eugene Bird Jr., Chairperson
Zoning Advisory Commission
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Integrity
Responsibility
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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:
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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:
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- 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
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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