On April 14, 2025, the Marion County Board of County Commissioners unanimously approved a Planned Unit Development (PUD) amendment for Southeast 70 Third (case 250407ZP), allowing one additional residential lot, relocating amenities and permitting a six‑foot opaque fence along portions of the site instead of the standard vegetative buffers prescribed by the county Land Development Code.

The change was approved amid debate over tree preservation, buffer width and long‑term landscape survivability. County staff had recommended that the project comply with the LDC buffer standards (type C along some edges and type E along the south), but the developer argued existing mature trees and shading made vegetative buffers impractical in places and proposed a fence plus enhanced plantings elsewhere. The board approved the amendment with revised, written conditions that require final buffer and landscape decisions to be approved at the master‑plan stage by the county landscape architect and the Board of County Commissioners.

Growth Services Director Chuck Verdin summarized the request as a PUD amendment for an existing PUD on Southwest 70 Third just south of the Utopia PUD. The applicant sought three changes: eliminate vegetative buffering in some places in favor of a 6‑foot opaque fence, increase total residential units from 58 to 59, and relocate amenities (adding four pickleball courts, a playground, picnic seating and a mail kiosk) closer to 70 Third. Verdin said the land‑use designation is medium residential and that adjacent parcels include multifamily and agricultural zones.

Developer representative Matt Fabian said the intent is to preserve as many existing trees as feasible and to install a 6‑foot vinyl fence where plantings would struggle in heavy shade. "We're preserving where feasible," Fabian said, and argued a fence provides immediate privacy and requires less long‑term maintenance than planting under heavy canopy. Engineer David Tillman said the team will provide type C plantings along the roadway and expects to plant some larger (3–7 gallon) shrub material to create quicker opacity along 70 Third.

Parks and Recreation Director Jim Coulard said parks staff had not deeply reviewed the site but noted that species suitable for shaded plantings are available and offered to coordinate with the developer's landscape architect. Growth services staff and the parks director expressed concerns that the applicant had not yet produced a site‑specific tree preservation/landscape plan showing which trees would be saved, how wide preserved zones would be, and the survivability of proposed plantings.

The board and staff negotiated amendments to several staff conditions during the meeting. Key changes recorded in the approved conditions include:
- Buffers may be amended as requested in case 250407ZP but any amendment must be approved by the county landscape architect and then by the Board of County Commissioners at the final master‑plan review.
- Condition requiring an updated traffic analysis was removed after the county engineer confirmed the existing traffic study remains valid through 2027 and that one additional dwelling unit did not require an update at this time.
- The applicant agreed to provide a 25‑foot right‑of‑way dedication along Southeast 70 Third and to pay a fee‑in‑lieu for the sidewalk (a DRC waiver was already issued; the payment will come to the board for final approval).
- The project will connect to the Utopia lift station and Marion County utilities as described in staff notes; language about off‑site sewer was corrected to reflect on‑site/lift‑station connections to Marion County utilities.

Commissioner Zalick moved approval with the amended conditions; Commissioner McLean seconded. The motion passed unanimously.

What the vote means: the PUD amendment clears the zoning hurdle but requires the applicant to return with a final master plan showing the agreed landscape, buffer and access details. The board directed staff to continue site‑level coordination (including a potential site visit by parks staff) and to allow the developer's landscape architect to work directly with county staff on final planting plans.

The case record identifies the request as 250407ZP; the county Land Development Code (LDC) standards for type C and type E buffers were central to the discussion (type C: 15‑foot wide with 2 shade trees and 3 ornamental trees plus shrubs/groundcover; type E: 5‑foot wide with 4 shade trees and shrubs). The applicant represented that the additional unit brings the approved total from 58 to 59 units.

The board will consider the project's final master plan and the precise buffer/planting plans at a future meeting once the applicant submits the detailed landscaping and site plans.