Welcome to the Toll Brothers' Page

During the March 21, 2024, Cypress Creek Property Owners’ Association (CCPOA) Directors’ meeting, the Board unanimously voted to hire an independent engineer to evaluate Toll Brothers’ drainage plans in an effort to minimize the potential for long-lasting and irreversible damage to our neighborhood. Toll Brothers’ redevelopment plan calls for 160 homes, paved roads and other impermeable surfaces across what has been our community’s drainage basin for decades. By code, Toll Brothers’ homes will be built at a higher elevation and to a higher storm-event standard than our neighborhood, potentially leaving our lower-lying homes even more vulnerable. The Board firmly believes it has the obligation to do what we can to protect our homeowners’ assets, and your house is the most valuable asset you have.

Independent drainage review will help to protect us

Because of potential impacts, the Board approved a motion to accept a proposal from Civil Solutions, Inc. – a reputable engineering firm with golf course drainage expertise and experience working with Toll Brothers’ engineers. The independent consultant’s scope of service includes:

• Reviewing topographic surveys as well as proposed paving, grading and drainage plans
• Evaluating storage capabilities of Toll Brothers’ proposed retention ponds
• Determining the potential for adverse impacts to our existing residential areas
• Proposing modifications to current plans if necessary
• Helping to work toward resolutions of potential adverse impacts

Negotiations lead to Toll Brothers agreeing to independent review

It’s expected that at least $10,000 of the costs for this peer review will be covered by Toll Brothers, a result of the Board’s earlier negotiations which secured funding for an independent review. However, based on proposed estimates, the independent review could cost up to $20,000 above what Toll Brothers’ offered. In an April 3 letter to Toll Brothers, the Board asked the developer to cover the added costs as a show of good faith to Cypress Creek neighbors who have named drainage and flooding as among their top concerns. Lindsay Parsons, the company’s Vice President of Land Acquisition FLE Division, denied the request citing possible future dialogue about the matter.

Costs not covered by Toll Brothers

The Board authorized our property manager to pay a $3,000 retainer and approved paying the engineering firm on a time and expense basis not to exceed $30,000 without prior approval from the Board. Any consulting costs above the $10,000 Toll Brothers has agreed to cover so far will be funded through the POA’s sufficient operating cash balance, not reserves. As noted in the Treasurer’s report during the Board meeting, CCPOA’s operating cash balance stands at $191,672. Only a relatively small portion of the $191k in available cash is already “spoken for”

in this year’s annual budget. As a leading practice, property owners’ associations should carry enough available cash in their operating cash balance to cover several months of expenses. The CCPOA currently carries a balance of between 3 and 4 months, which is financially sound. The Board maintains a healthy operating cash balance to ensure that the POA can meet both its budgeted and unplanned financial responsibilities throughout the year — like hiring an independent consultant to review Toll Brothers’ drainage plans in order to safeguard Cypress Creek from costly flooding issues in the future.

Because the CCPOA has the operating cash to pay for a much-needed independent review should Toll Brothers choose not to, there is no need to tap into the Association’s reserves which stand at $321,463 as of March 2024. However, it should be noted that in the early 2000s a previous Board set a precedent for using reserves for drainage-related costs. That Board took out a nearly $250,000 loan for an Association drainage project, and used Cypress Creek’s reserves to pay off the loan.

Why it’s critical we seek an independent review now

South Florida has a long history of newer home construction causing flooding problems for surrounding communities. This expense is necessary because we need to make sure the drainage is done right today, so the members of our Cypress Creek Property Owners’ Association don’t face costly issues tomorrow – long after Toll Brothers has moved on to its next project.

This expense is necessary because we need to make sure the drainage is done right today, so the members of our Cypress Creek Property Owners’ Association don’t face costly issues tomorrow – long after Toll Brothers has moved on to its next project.

VIEW RELATED NEWS COVERAGE

Florida codes keep new homes high and dry. Do they make flooding worse for neighbors?

Palm Beach County residents seek help from flooding they blame on developer

Palm Beach County neighbors say road widening to blame for major flooding

New Palm Beach County development and heavy rain causing flooding fears, residents say

New construction causes flooding concerns in Palm Coast

At the request of your Board, Cypress Creek, Palm Beach County’s Zoning, Toll Brothers and other key players involved in the golf course redevelopment came together on March 20, 2024, to discuss project status and other updates. Mikel Kline (Board Director), Aaron Hallyburton (Board President) and Julie Nicholas (Board Secretary) attended this meeting with Lindsay Parsons (Toll Brothers), Scott Backman (TB’s Land Use Attorney), Lisa Amara (County Zoning Director) and lead representatives from WGI, Schnars and other key County staff members.

During the hour-long discussion, Cypress Creek Board members asked about several priority focus areas, including the following:

Civic Pod / Government office building

● Background: As we first reported, the Board has known since early filings that a Civic Pod was a required part of the Toll Brothers proposal. This is a required 2.45 acre donation of land to the County situated roughly in the area of the True Shots parking lot and lake. By reviewing a recent traffic study, the Board learned what could be built on that land: a 27,500 square foot County Office Building with the potential for an exit onto Palo Verde.
 

● Update: Toll Brothers appears to not want this County Office building either as it will sit right near the entrance of their community. County Zoning doesn’t know what type of office could go there. Often the County acquires land for future use without having it earmarked for something specific. The estimated 27,500 square feet building  is just for the purpose of the traffic study.

Access to Palo Verde

● Background: As we first reported, there are at least three potential uses of our private roads currently in Toll Brothers’ site plans. The first is a possible second access point to the new development off Palo Verde for emergency access. The second is a possible entrance/exit from the civic pod onto our private street. The third is a possible new maintenance easement from Palo Verde for LWDD to access the C. Stanley Weaver Canal.
 

● Update: Toll Brothers continues to believe they have access to our private roads based on a 1964 easement document. We believe they are mistaken. Expect more updates on this matter as it develops. County Zoning appeared to be interested particularly in the reason for the second entry point off Palo Verde. We discussed that Toll Brothers has other options for this emergency entrance that does not require access to our private roads.

Flooding and drainage

● Background: Cypress Creek residents are concerned that the volume of proposed house construction and impermeable surfaces in close proximity to the most vulnerable and low-lying parts of our neighborhood will create additional flooding risks and long-lasting drainage issues for our community. In a previous meeting with Toll Brothers, the developer offered to pay $10,000 for the Board to hire an independent civil engineer to review Toll Brothers drainage analysis when available.

● Update: During the meeting with Toll Brothers, our Board representatives told the developer that we have identified a consultant to review Toll Brothers’ hydrologic analysis. The consultant’s estimates are closer to $30,000 than the $10,000 offered by Toll Brothers. In order to review if Toll Brothers’ analysis is correct, an independent consultant would need to do his or her own due diligence. Toll Brothers didn’t immediately express interest in increasing the amount offered during our March 20 meeting. During the March 21 CCPOA Board meeting, the Board voted unanimously to secure a $3,000 retainer with our proposed consultant, Civil Solutions, Inc. – a reputable expert in this field. It’s the Board’s responsibility to act on the behalf of protecting homes in our neighborhood from long-lasting drainage problems. The Board will formally request that Toll Brothers pay up to $30,000 to cover the expected additional costs.

Toxins and health

● Background: We know from Pulte’s environmental testing that the FDEP found alarming levels of arsenic in numerous soil samples, far exceeding established acceptable residential levels. In addition to arsenic, more than 60 years’ worth of other hazardous chemicals, pesticides and fertilizers will be excavated from land situated in the heart of our neighborhood.
 

● Update: Toll Brothers is required to do their own soil testing. The Board continued to ask for those results and have found no public record of test results filed with the FDEP. On Wednesday, Toll Brothers acknowledged that they completed their own soil sample testing. They said they have not shared it with Cypress Creek because they’re “still analyzing the results.”

Incompatibility

● Background: Toll Brothers has indicated that they will likely build mostly two-story homes on the perimeter of the golf course property and adjacent to Cypress Creek’s mostly single-story homes, saying that it’s what home buyers want. 

● Update: The Board members shared with County Zoning and Toll Brothers that 89% of Cypress Creek’s homes are single story adjacent to Toll Brothers’ proposed lots. We said that two-story homes with proposed 7.5 foot side setbacks would be extremely incompatible with Cypress Creek and destroy the unique character of our long-established neighborhood. Toll Brothers didn’t respond in the moment, but later indicated that they remained committed to the possibility of building two-story homes. 

Other topics addressed included Toll Brothers’ plan to build a sewage lift station adjacent to Fox Trace homes, when we might see a proposal with lot lines (no ETA) and other topics of concern to Cypress Creek. Topics like a Palo Verde roundabout or more cosmetic concessions were not discussed in the hour-long meeting as the Board is committed to prioritizing health, drainage and other lasting impacts during the windows of opportunity that we have to speak with Toll Brothers and other key involved parties. 

In previous communication with Toll Brothers, the developer indicated that there could be a community-wide meeting in late March. During this latest meeting, Toll Brothers said the community meeting is on hold until they can finalize their plans, citing that County Zoning continues to ask for modifications.

BOARD MEETS WITH COUNTY PLANNING/ZONING STAFF

On March 5, 2024, three members of the Board of Directors, Mikel Kline, Aaron Hallyburton, and Don Neubaum, attended a meeting with Palm Beach County’s Planning and Zoning Staff regarding the proposed Toll Brothers development. The purpose of meeting was to get an update on the proposed development and to raise community concerns. Below is a brief summary. Topics discussed include: 1) how toxins found in the golf course soil will be managed and remediated through the development process; 2) the process the County will be undertaking with respect to conducting its review of the drainage plan for the development; 3) easement to a lift station off of Palo Verde Drive indicated on Toll Brothers’ site plan; 4) easement associated with the emergency exit from the proposed development onto Palo Verde Drive; 5) easement associated with the Civic Pod onto Palo Verde Drive, and 6) anticipated timeline for County review.

Toxins – there was a discussion on Toll Brothers’ toxin remediation plan. While their application notes that 90% of the golf soil will remain on site, the County believes that the revised plan reports that 80% will remain. The process of soil remediation is regulated by the Florida Department of Environmental Protection. Any dust blooms which blow offsite should be reported to County Code Enforcement and the Health Department.

Drainage – The County reported they are well aware of the concerns related to drainage and flooding, especially those associated with a golf course conversion. They will be asking Toll Brothers to submit historical drainage records, analysis, and calculations before the next phase of the County’s review. Only once the final site plan is approved will the County be able to request extensive modelling for the drainage plan for the site. 

Lift Station – There is a question of why Toll Brothers is showing an easement off Palo Verde Drive to the lift station near the True Shot clubhouse when the entire lift station is surrounded by the golf course property. The Board asked shouldn’t access/easement to the lift station be granted within the golf course /Toll Brothers property. There was a discussion about determining what access Boynton Beach currently has to the lift station based on historical easements. That easement will likely continue regardless of what happens with the Toll Brothers’ development as easements can not be cut off.

Emergency Exit – The Board asked how can Toll Brothers expect an easement along Palo Verde for their emergency exit when evidence of no prior easement has been found. The County understands these concerns and will ask Toll Brothers about this issue.

Civic Pod – The Board asked how can Toll Brothers expect an easement along Palo Verde for their proposed Civic Pod when evidence of no prior easement has been found. The County understands these concerns and will ask Toll Brothers about this issue.

Time line – The County reported that the application will likely go before the Planning and Zone Commission for approval at the beginning of May, which means the application will likely be presented to the Board of County Commissioners by the end of May. 

BOARD SEEKS FOLLOW UP MEETING WITH TOLL BROTHERS

On Monday, February 19, the Board reached out to Lindsay Parson at Toll Brothers asking if Toll Brothers wanted to schedule another meeting with the Board to discuss their proposed plan and continue negotiations with the Board. The Board did not receive a response and asked again on February 29. Lindsay Parson from Toll Brothers responded, stating the Toll Brothers was in the process of planning a combined meeting with the Board and the community after Spring Break in late March. The Board reiterated its desire to meet with Toll Brothers sooner, but Toll Brothers has yet to schedule. 

The CCPOA Board and Toll Brothers teams met on Thursday, December 7. The nearly 2-hour long discussion didn’t result in any commitments but could be described as instructive. 

There has been no movement by TB on its proposed density of 160 houses located predominantly on the west end of the property.

There has been no movement by TB to increase the size of its buffers between the property lines of the existing homes and its proposed infill property lines. The proposed buffers currently exceed the minimum requirements allowed by County code.

There has been no movement by TB on any restriction on the construction of two-story houses along the outside perimeter of its proposed project. It was suggested that two-story homes might be more acceptable and compatible along the outside perimeter of the TB project if the TB lot abuts a CCPOA lot with an existing two-story house.

The Associations significant concerns regarding flooding and life safety have not been resolved.

TB has made some changes and corrections to its site plan in its late November filing with the County. Some of those changes include:

1. Relocation of one of its recreational pods away from existing homes along Caryota Drive to a feature location near its entrance off Military Trail.

2. Reconfiguration of the pond south of Fox Trace to comply with the 100’ excavation distances required by County code between lakes and the septic systems of the homes along Old Boynton.

3. Relocation of its secondary emergency access road to south of its proposed entrance, no longer requiring access from Palo Verde Drive.

TB claims that it has not created a site plan that illustrates specific lot locations so that detailed information is not available to share.

Drainage impacts of its proposed infill project are still a concern. The Association is seeking proof that an economically viable solution has been incorporated into the site plan. The Board would like to see this proof of a feasible design while there is still an opportunity for public review and comment. TB does not want to invest in detailed hydrologic analyses until its proposed infill project has been approved by the County. Both sides agree that the detailed drainage design will be required. As a sign of good faith and in an attempt to ease flooding concerns, TB has offered to reimburse the Association up to $10,000 to hire its own engineer to review the preliminary hydrology data prepared by its own engineers. This offer will be discussed by the Board.

Contaminated soil is still a concern. TB has still not released the results of its soil samples but reported that its environmental attorney has had verbal communications (so there is no public documentation trail) with FDEP about mitigation of the high levels of contamination in the public record reported by consultants working on behalf of TB

Public Statement from the Board:

Board representatives met with a Toll Brothers team on the morning of September 27, 2023. This meeting was requested by the Association’s Board to discuss the developer’s proposed infill redevelopment project on the Cypress Creek Golf Course. There were four representatives from Toll Brothers (two Vice Presidents for land development, a project engineer, and their attorney) and there were four representatives from the Association (Association President Hallyburton, Director Epstein, Board Secretary Kline, and Association Attorney Burr) at the meeting held in Toll Brothers’ Boca Raton Design Studio. 

Toll Brothers is working on a more formal response to a letter sent to the County and Toll Brothers regarding the project. Several of the topics in the letter from the Board have also been addressed as a large number of questions or comments by the County in their initial round of comments that were due to be submitted by the County Agency reviewers on September 15. Toll Brothers expects they will require at least 30 days to respond to this round of comments from the County reviewers. 

Toll Brothers acknowledged the importance of the Board’s concerns for the health and safety of the residents. They recognized and agreed that there are existing characteristics in our neighborhood that will need to be addressed in the design of a replacement drainage system that will impact both our neighborhood and their proposed neighborhood.

At Toll Brothers’ suggestion, the next meeting will be deferred until they’ve had time to respond to the Association’s letter and the County reviewers’ comments. Both sides agreed it was a good first meeting and a productive information exchange. The Association’s representatives shared some of the unique characteristics of the neighborhood that appeared to be overlooked in their zoning application that are of significant concern to our neighborhood and their proposed neighborhood that could impact their site plan, which they admitted is still changing weekly.

Toll Brothers will provide responses to the County’s reviewers that will be posted on the County Zoning website. The Board will share additional information as appropriate if provided in advance of the updates posted on the County Zoning website. No date has been set for the next meeting because of the update requirements the County has placed on Toll Brothers. It is possible that the next meeting might not occur until sometime in November. It didn’t appear that Toll Brothers is necessarily dragging its feet but may be somewhat overwhelmed by the large number of comments from the County reviewers. Overall, this was a very good meeting and a strong step forward.

We expect Toll Brothers to share a statement about the meeting that we can make public when it arrives.

THE BOARD'S LETTER TO PALM BEACH COUNTY PLANNING AND ZONING AND TOLL BROTHERS RESPONSE LETTER ARE PROVIDED BELOW