Elkhart City Council approves $1.047 million for Hively overpass, rezones two parcels and amends Concord Mall PUD
March 17, 2026 | Elkhart City, Elkhart County, Indiana
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Elkhart City Council members voted unanimously on March 16 to adopt multiple measures including a funding increase for the Hively Avenue overpass and zoning changes tied to local development.
Council adopted ordinance 26‑O‑08, appropriating an additional $1,047,000 for the Hively Avenue Overpass project. City Engineer Jeff Schafer told the council the request includes a 5% contingency; he said that contingency aligns with the Indiana Department of Transportation co‑management practices and that the city expects to remain at or below the 5% limit. Councilmember Mishler confirmed that any unspent funds would revert to the originating account. Chief of Staff Megan Erwin asked the council to amend the ordinance to move $200,000 into a professional‑services account line; the council approved the amendment and then adopted the ordinance on a 9‑0 roll call.
The council also adopted ordinance 26‑O‑09 to rezone two properties associated with a Dairy Queen expansion: 345 Country Club Drive to B‑1 (neighborhood business) and 1839 Casopolis Street to B‑3 (service business). Planning staff said the rezoning formalizes a property division related to the restaurant’s expansion; petitioner representative Deborah Hughes described the division and said one parcel will be used for office space while the rear will be B‑3 like the front. The measure passed 9‑0 after brief council questions.
On the Concord Mall matter, the council approved ordinance 26‑O‑10, a fourth major amendment to the Concord Mall planned unit development. Petitioner representatives said the amendment allows subdivision of the former JCPenney building so that the parcel can be sold separately; counsel for the petitioner described interested professional real‑estate developers and emphasized they are experienced buyers. Development staff reported that the city and the petitioner’s legal teams vetted the change and that Concord Elkhart LLC will retain prior redevelopment obligations and loan responsibilities associated with the project. The PUD amendment passed on a 9‑0 vote.
Council also approved resolution 26‑R‑09, which the city attorney said corrects an administrative error from a prior meeting and constitutes the memorandum of agreement the council intended to approve; that resolution likewise passed 9‑0.
During new business and public comment, a councilmember asked for updates on Concord Mall investment and urged more rigorous presentation accuracy and board training after several difficult BZA hearings. Resident Chad Rapp spoke during public comment about ordinance 26‑O‑12 (first reading), raising questions about combining the Northfield PUD with the Compton PUD, easement language, notice to property owners and fiber‑optic work on private property; the council reminded him a public hearing on the PUD amendment will be scheduled at a later meeting.
Votes at a glance
- Ordinance 26‑O‑08 (Hively Avenue Overpass appropriation): Passed 9‑0 (mover: Councilman Curry; second: Councilman Crabtree). Amended to add a $200,000 professional services line.
- Ordinance 26‑O‑09 (rezoning for Country Club Drive and Casopolis Street): Passed 9‑0 (mover: Councilwoman Hines; second: Councilwoman King).
- Ordinance 26‑O‑10 (Concord Mall PUD fourth major amendment): Passed 9‑0 (mover: Councilman Henke; second: Councilman Fish).
- Resolution 26‑R‑09 (correcting memorandum of agreement administrative error): Passed 9‑0.
What’s next
Several items (including ordinance 26‑O‑11 and ordinance 26‑O‑12) remain at first reading or will return for public hearings and additional council consideration; staff will provide follow‑up materials on Concord Mall finances and the PUD amendment at future meetings.
Sources and attribution: Quotes and attributions come from meeting speakers (Jeff Schafer, Megan Erwin, Deborah Hughes, Sarah Risner, Mike Hubert, and resident Chad Rapp) as recorded in the council’s March 16, 2026 transcript. Where the transcript provided only a role, the article uses the role for attribution (for example, “Development staff” or “the city attorney”).
Council adopted ordinance 26‑O‑08, appropriating an additional $1,047,000 for the Hively Avenue Overpass project. City Engineer Jeff Schafer told the council the request includes a 5% contingency; he said that contingency aligns with the Indiana Department of Transportation co‑management practices and that the city expects to remain at or below the 5% limit. Councilmember Mishler confirmed that any unspent funds would revert to the originating account. Chief of Staff Megan Erwin asked the council to amend the ordinance to move $200,000 into a professional‑services account line; the council approved the amendment and then adopted the ordinance on a 9‑0 roll call.
The council also adopted ordinance 26‑O‑09 to rezone two properties associated with a Dairy Queen expansion: 345 Country Club Drive to B‑1 (neighborhood business) and 1839 Casopolis Street to B‑3 (service business). Planning staff said the rezoning formalizes a property division related to the restaurant’s expansion; petitioner representative Deborah Hughes described the division and said one parcel will be used for office space while the rear will be B‑3 like the front. The measure passed 9‑0 after brief council questions.
On the Concord Mall matter, the council approved ordinance 26‑O‑10, a fourth major amendment to the Concord Mall planned unit development. Petitioner representatives said the amendment allows subdivision of the former JCPenney building so that the parcel can be sold separately; counsel for the petitioner described interested professional real‑estate developers and emphasized they are experienced buyers. Development staff reported that the city and the petitioner’s legal teams vetted the change and that Concord Elkhart LLC will retain prior redevelopment obligations and loan responsibilities associated with the project. The PUD amendment passed on a 9‑0 vote.
Council also approved resolution 26‑R‑09, which the city attorney said corrects an administrative error from a prior meeting and constitutes the memorandum of agreement the council intended to approve; that resolution likewise passed 9‑0.
During new business and public comment, a councilmember asked for updates on Concord Mall investment and urged more rigorous presentation accuracy and board training after several difficult BZA hearings. Resident Chad Rapp spoke during public comment about ordinance 26‑O‑12 (first reading), raising questions about combining the Northfield PUD with the Compton PUD, easement language, notice to property owners and fiber‑optic work on private property; the council reminded him a public hearing on the PUD amendment will be scheduled at a later meeting.
Votes at a glance
- Ordinance 26‑O‑08 (Hively Avenue Overpass appropriation): Passed 9‑0 (mover: Councilman Curry; second: Councilman Crabtree). Amended to add a $200,000 professional services line.
- Ordinance 26‑O‑09 (rezoning for Country Club Drive and Casopolis Street): Passed 9‑0 (mover: Councilwoman Hines; second: Councilwoman King).
- Ordinance 26‑O‑10 (Concord Mall PUD fourth major amendment): Passed 9‑0 (mover: Councilman Henke; second: Councilman Fish).
- Resolution 26‑R‑09 (correcting memorandum of agreement administrative error): Passed 9‑0.
What’s next
Several items (including ordinance 26‑O‑11 and ordinance 26‑O‑12) remain at first reading or will return for public hearings and additional council consideration; staff will provide follow‑up materials on Concord Mall finances and the PUD amendment at future meetings.
Sources and attribution: Quotes and attributions come from meeting speakers (Jeff Schafer, Megan Erwin, Deborah Hughes, Sarah Risner, Mike Hubert, and resident Chad Rapp) as recorded in the council’s March 16, 2026 transcript. Where the transcript provided only a role, the article uses the role for attribution (for example, “Development staff” or “the city attorney”).
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