County considers noise pollution control ordinance

Editor’s note: County Level is a monthly feature that highlights the most impactful actions taken by the Orange County Commission.

District 1, led by Commissioner Nicole Wilson, encompasses the following areas: Avalon Rural Settlement, Dr. Phillips, Gotha, Horizon West, Hunter’s Creek, Lake Buena Vista, Metrowest, Ocoee, Tildenville, town of Oakland, Williamsburg, town of Windermere and Winter Garden.

District 1 is the largest and fastest growing district in Orange County. Made of quiet, historic towns and bustling new development, it is a unique hybrid of classic and contemporary Florida living.

SEPTEMBER BCC RECAP

Discussion on the possibility of a new noise pollution control ordinance led Orange County Board of County Commissioners actions at their September meetings. Several other decisions also were made that impact West Orange and Southwest Orange.

NOISE POLLUTION CONTROL ORDINANCE

At its Sept. 10 meeting, the County Commission heard a presentation from the county’s Environmental Protection Division, who has hired a consultant to conduct a thorough review of the current noise pollution control ordinance, as well as provide recommendations for revision. 

Based on this work session, staff will draft a new noise ordinance to help better protect the area’s peace and quiet. 

EPD representatives said they were directed by Orange County about a year ago to begin the process. 

“This was the result after receiving an increase in complaints from residents that indicated that our noise ordinance was limited or ineffective in response,” representatives said. “Some felt that noise was being weaponized or used as legalized harassment. … The increase in complaints are specific to residential sources or commercial sites, with the source being music in most cases.”

The county’s current noise ordinance was adopted in 1986. This would be the ordinance’s fourth revision since. 

The ordinance regulates noise and vibration throughout unincorporated Orange County only and is implemented by the EPD and the Orange County Sheriff’s Office.

The ordinance is in place to regulate and manage any excessive noise, with the goal of providing a positive quality of life for residents, as well as a positive experience for the many visitors Orange County receives throughout the year.

Noise disturbances are measured by three ways in the ordinance: equivalent sound pressure levels, plainly audible standard and breach of the peace. 

EPD receives an average of 100 complaints specific to noise per year. 

If a noise complaint is received, the EPD citizen services coordinator determines if a potential violation exists, before issuing a warning of a potential violation letter to the property owner. If additional complaints are received within 30 days, noise meter monitoring is set up. Data is collected and interpreted to verify if a violation has occurred, and a notice-of-violation letter is sent if data indicates violation. A violation is punishable by a fine not to exceed $500. 

From June 2023 to June 2024, 42 warning letters were issued and zero notice-of-violation letters were issued. 

The OCSO enforces sounds emanating from residential and commercial sites, which may involve the consumption of alcohol or any suspected illegal activities, as well as noise disturbance complaints involving “breach of the peace.” 

Officers receive an estimated 15,000 noise disturbance calls per year. About 85% of the calls are related to residential complaints, such as music, vibrations, fireworks or yelling, while about 15% are related to commercial complaints, such as from bars, night clubs and restaurants. 

Officers respond to a complaint, give a verbal warning, give a written warning and take action if noncompliance continues by issuing a civil citation to the violator. An offense is punishable by a fine not to exceed $500. 

From June 2023 to June 2024, 13 civil citations were issued. 

The county is continuing to discuss the ordinance, and the ordinance will come back for the board to review at a date in the near future. 

REAMS ROAD PD AMENDMENT

Also at its Sept. 10 meeting, commissioners approved an amendment request for the Patterson Planned Development. 

Applicant Jim Hall, Hall Development Services, was requesting to increase the development program by 94 units, for a total of 598 multi-family residential units. The PD currently is partially developed with a 308-unit multi-family development.

The site is located on the west of Reams Road, east of Seidel Road and south of Summerlake Park Boulevard.

The PD originally was approved June 26, 2001, and currently allows for 504 multi-family residential units.

A motion was made by District 1 Commissioner Nicole Wilson, which received a second, to deem the development inconsistent with the comprehensive plan and deny the request. That motion failed.

The request was approved 6-1, with Wilson dissenting.

GREEN PLACE PARCEL

On the Sept. 24 consent agenda, the commission approved and executed an agreement of sale and purchase for Green PLACE parcel 222 in District 1.

The 361-acre property, located off Kilgore Road, was purchased for conservation for $1,386,000.

Orange County created the Green PLACE — Park Land Acquisition for Conservation and Environmental Protection — program to acquire and protect environmentally sensitive lands in the 1990s. By 2009, the county had acquired more than 23,000 acres through purchase, donation or partnership. 

WINDERMERE ADU VARIANCE

At its Sept. 10 meeting, the BCC also discussed and passed the Sorenson Construction case in Windermere.

Applicant Sorenson Construction Inc. requested two variances. The first was to allow a 2,858-square-foot attached Accessory Dwelling Unit, in lieu of a maximum 1,000-square-foot, and the second was to allow an ADU with a separate entrance at the front of the property at 2608 Midsummer Drive, Windermere, in lieu of the side or rear.

Wilson made a motion for a continuance of the public hearing, but the motion died for lack of a second. The item then was approved 5-1, with Wilson dissenting.

VINELAND LAND USE PLAN

At its Sept. 24 meeting, county commissioners approved unanimously the Vineland Land Use Plan.

Applicant Terra-Max Engineering Inc. was requesting to rezone a 1.21-acre subject property — located north of Sixth Street and west of South Apopka-Vineland Road within the Buena Vista North Overlay District — from Country Estate District to Planned Development District, with a proposed development program of 15,500 square feet of office uses.

The request included one waiver from code to allow for flexibility in the building-based landscaping. 

County staff said the request was in line with the site’s current Future Land Use designation — Office.