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Board denies developer’s request to treat 256‑lot development as a single private‑access community
Summary
The appeals board voted 3–2 to deny a request by Ashton Nashville (Willow Landing) to apply the county’s private‑access (private road/’gated community’) rules across a 256‑lot subdivision so sidewalks could be placed on privatized roads; board majority cited maintenance, emergency access and precedent concerns.
A proposed private‑access (private road) designation across a 256‑lot subdivision was denied after the county appeals board concluded the request raised long‑term maintenance, emergency‑access and precedent concerns. The developer, Ashton Nashville Residential/Ashton Woods, asked for a variance from a 50‑lot maximum for private access communities to allow sidewalks to be located on private roads inside the development.
Developer representatives told the board the change was sought solely to allow sidewalks that the county road commission will not permit in the public right‑of‑way. “Sidewalks are obviously going to be really critical for this development,” said the developer’s representative. The developer said the private‑access approach transfers maintenance and liability to an HOA and would not necessarily include gates.
Board members and staff expressed concern about emergency access, the county’s long‑standing policy about sidewalks in public rights‑of‑way, and the precedent of creating large private‑access neighborhoods that could later limit county responsibilities for snow removal, salt and emergency maintenance. The board denied the variance 3–2 on staff recommendation.
The developer said it would consider alternate approaches, including a series of smaller private‑access sections or further negotiation with the county and the road commission, but left without the variance.
