BONEYARD CREEK HISTORY
Two hundred years ago, what we now know as Boneyard Creek was called Silver Creek by Native Americans, who built their camps along its banks near what is now East Main Street. By the mid-1800s settlers had begun to refer to Silver Creek as the Boneyard. Stories claim that this name came from the piles of sun-bleached bones found along the banks of the creek, either left by the Native Americans or killed during a major blizzard.
As Urbana grew and the Illinois Industrial College (now the University of Illinois) was established in 1867, the silvery-clean creek was known by both names-Silver Creek and the Boneyard. The name Boneyard for such a beautiful creek seemed offensive to local citizens, and at the turn of the century, a proposal was presented to make the name Silver Creek official, but was turned down. The creek runs through the cities of Champaign and Urbana, eventually connecting with the Saline Branch in the northeastern part of Urbana. It runs through the core of downtown Urbana, in a half-mile stretch between Main and Vine Streets.
Like many urban streams, the Boneyard Creek was channelized in the early part of the 20th century for flood control, and the sheet pile walls were installed in the 1960s. Because the creek flows mainly through private property, a maintenance easement was established in the 1960s to allow the City of Urbana Public Works Department to perform maintenance within the channel. This easement only covers maintenance, and no permanent improvements or alterations of the channel can be completed without agreements of the associated property owners and modification of the easement.
PURPOSE OF THE BONEYARD CREEK DISTRICT
The general goals of the district are to:
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Establish a Boneyard Creek District as an area of vital significance to the cultural, economic, and environmental future of the City.
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Promote and facilitate sound stormwater management practices, to assist in the reduction of flood hazards to persons and property, to improve water quality, and to prevent encroachments and land uses that adversely affect water runoff.
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Encourage the development and maintenance of the Boneyard Creek District as a recreational resource and circulation area and to reclaim for the City the benefits of a natural waterway that have been ignored as a design asset and to provide a focal point for urban redevelopment.
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Improve the maintenance of the creek bank in a manner which will reduce harmful mosquito and insect reproduction.
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Provide incentives for redevelopment through private initiative in a manner consistent with the Boneyard Creek Master Plan, Comprehensive Plan and any amendments thereto, and any other documents or agreements which regulate or restrict development in the Boneyard Creek Corridor.
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Promote and conserve the economic value of land and buildings and thereby protect and improve the City’s tax base.
BOUNDARIES OF THE BONEYARD CREEK DISTRICT
The Federal Emergency Management Agency (FEMA) created nationwide flood maps in the 1970s. The Boneyard Creek District includes all properties that have buildable areas that are touched by the 100-year floodplain. The 100-year floodplain represents the area around the creek that has a 1-in-100 (or 1 percent) chance of flooding in a given year.
Due to many changes since the 1970s, in 2013, FEMA published new, up-to-date flood maps, which allowed the City of Urbana to update the boundaries of the Boneyard Creek District to reflect current conditions. The remapping generally shrunk the area around Boneyard Creek that is prone to flooding, so some properties were removed from the district. However, the paths of waterways can't be precisely controlled, as new development causes changes in runoff patterns and, in turn, flood patterns. While the total flood-prone area shrunk, some areas that were not flood-prone in the 1970s now are. These properties were added to the district. Attached below are both maps of the Location of the Boneyard Creek District and of the Properties Added to the Floodplain.
BENEFITS OF BEING IN THE BONEYARD CREEK DISTRICT
The Boneyard Creek District is an “overlay district”, which means that there are special rules that “overlay,” or modify the standard zoning regulations for properties within the district. Due to the sensitive nature of Boneyard Creek and the flooding issues that can arise from building near the creek, all construction within the Boneyard Creek District requires a Creekway permit. The Creekway permit process is designed to make sure that new construction around Boneyard Creek does not cause harm to the property or to surrounding properties by increasing flood risks and to ensure that the development helps meet the goals of the district.
One of the main goals of the Boneyard Creek District is to reduce flood risk by preventing the construction of buildings and structures that will make flooding worse. The City understands, however, that this goal (and the Creekway Permit requirements) can limit the usefulness of properties within the district. As a result, the City of Urbana created special development bonuses for the district to allow more intensive use of the areas that won't add to flooding problems along the creek.
The following development bonuses can be applied to properties within the Boneyard Creek District: Development Rights Transfer, Extra Lot Size, Yards, Height, Parking, and Mixed Uses. Full explanations for each bonus can be found in Article XIII-4.F of the Urbana Zoning Ordinance.
BONEYARD CREEK COMMISSIONER
The Mayor appoints a Boneyard Creek Commissioner to assist in the administration of the Creekway permit process in the Boneyard Creek District. The Boneyard Creek Commissioner shall be a resident of the City of Urbana and shall be appointed based upon his/her qualifications, including education and experience in evaluating submitted plans and evidence. The Boneyard Creek Commissioner shall serve a term of three years.
APPLICATION
A digital pdf form of the Application for Construction or Zoning Use Permit within the Boneyard Creek District is available below. You can save the form to your computer and fill in the information requested. You can either submit the application (including the application fee) in person, mail it to our office (City of Urbana | Planning Division, 400 South Vine Street, Urbana, IL 61801), or email it to Planning [at] UrbanaIL.gov (Planning[at]UrbanaIL[dot]gov).
Note: If additional space is needed, please provide answer(s) on separate sheet of paper.
FEES
Application
The application fee must accompany the application when submitted for processing. For the current fee, please refer to the most recent version of the City’s Schedule of Fees - Excluding Liquor License Fees.
Legal Ad
The Applicant is responsible for paying the cost for a legal ad in the News-Gazette, if required. The News-Gazette will bill the applicant directly.
APPLICATION PROCESS
Preliminary Conference: An Applicant shall contact the Zoning Administrator to schedule a preliminary conference with the Zoning Administrator, the Building Safety Division Manager, the City Engineer, and the Boneyard Creek Commissioner to discuss the Boneyard Creek Master Plan and the Boneyard Creek permit procedures.
Application Requirements: After the preliminary conference, the owner(s) of the subject property within the Boneyard Creek District submits an Application for Construction or Zoning Use Permits within the Boneyard Creek District to the Zoning Administrator. Such application shall indicate the reasons for which any modification in the underlying zoning requirements is sought; and information necessary for determining whether a Boneyard Creek permit shall be issued. In addition, the applicant shall provide all other information required by the Rules of Procedure promulgated for the Boneyard Creek District by the Plan Commission.
Zoning Administration Permit: After consulting with the City Engineer and the Boneyard Creek Commissioner, the Zoning Administrator shall be authorized to administratively grant a Boneyard Creek permit based on his/her determination that the provisions of the underlying zoning classification have been complied with and that: a) a requested modification of the front or rear yard requirements of the underlying zoning classification of not more than 30 feet is reasonable; and b) the minimum setback from the Creek is maintained in accordance with the building line requirements of Article VII of the Zoning Ordinance; and c) the standards of Section XIII-4.D through Section XIII-4.I of the Zoning Ordinance are complied with.
Notice of Intent to Issue Permit: When the Zoning Administrator intends to administratively approve a Boneyard Creek Permit, the Zoning Administrator shall make written notification to the Plan Commission, City Council, and Mayor of the pending issuance of the permit. Within ten (10) calendar days of transmittal of the notice, any elected or appointed official may appeal the Zoning Administrator’s decision in writing. Appeals procedures shall conform to Section XIII-4.N of the Urbana Zoning Ordinance. Lacking any written appeal, the pending Boneyard Creek Permit shall be issued once the ten-day period has lapsed.
Referral to Plan Commission: When an applicant for a Boneyard Creek permit requests modifications in excess to those authorized by Section XIII-4.G.3 of the Zoning Ordinance, the permit may be referred to the Plan Commission for consideration. The Zoning Administrator shall, within five working days after receipt of an application determined by the Zoning Administrator to be complete, provide a complete copy of the application to the Plan Commission and the Boneyard Creek Commissioner. The Boneyard Creek Commissioner and appropriate City staff shall submit any recommendations with respect to each application to the Plan Commission within 20 days.
ASSISTANCE
It is strongly recommended and sometimes required to have a phone conversation or meeting with Planning staff (depending on the type of application) prior to an application being submitted. This is an opportunity to find out what regulations and requirements are expected to be met and followed. This includes what application(s) you will be required to apply and get approval for. City staff will inform you what the process and time frame will be for getting application(s) for your intended plans reviewed and hopefully approved.
If, when you are filling out a Planning | Zoning application, you have questions or require assistance, please contact the Planning Division staff by email at Planning [at] urbanail.gov (Planning[at]UrbanaIL[dot]gov) or by calling 217.384.2440.