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Council votes 6–1 to waive vertical-curve and sidewalk requirements for Meadow Hills subdivision
Summary
Developers seeking to plat a new 20-lot Meadow Hills subdivision won a council waiver allowing roll/rolling curbs instead of vertical-curb transitions and elimination of sidewalks; council discussed ADA, pedestrian safety and the ordinance appeal process before voting 6–1 to approve the waiver.
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The City of Nogales council on May 7 approved a developer’s request to waive two provisions of the 2024 Nogales development standards for a proposed 20-lot Meadow Hills subdivision, allowing roll curbs (instead of vertical curb transitions) and eliminating the required sidewalk along the lots.
The decision matters because it changes how the right-of-way will be finished in that subdivision: councilmembers debated pedestrian safety, ADA access and whether the standard ordinance should be changed citywide or handled as a one-off waiver.
Developer Michael Karam, who said he has built subdivisions in Nogales since 1959, explained why he requested the relief: vertical curb transitions can restrict driveway access and cause damage when cement and delivery trucks cross curbs, he said, and the developer prefers rolling curbs and landscape strips in lieu of sidewalks. “The vertical curves in a subdivision… I don't know of one in the whole state of Arizona that has been a vertical curve in the last 40 years,” Karam said, arguing roll curbs are common and reduce future costs for homebuyers.
Council staff noted the development standards were adopted Nov. 6, 2024, with an effective date of Dec. 6, 2024, and that the ordinance requires a formal application and review by the planning commission for changes to the standards. Planning/staff explained the standard process is a pre-application and formal application that goes to the planning commission, with council as the ultimate appeal body.
Members raised concerns about pedestrian safety, bicycle and wheelchair access, and whether the lots’ size and expected housing type (council discussion suggested larger lots) made sidewalks unnecessary. “The issue… is it pushes all foot traffic into the roadway,” a council advisor said, stressing ADA and pedestrian safety concerns. Other councilmembers noted neighborhoods without sidewalks and argued the decision could be handled case by case.
Councilmember Doe moved to waive the two requirements; the motion passed by a 6–1 vote (tally announced on the record). The council did not change the ordinance citywide; the waiver applied to the developer’s request for this subdivision. Staff advised that future applicants may follow the same waiver process, which includes planning commission review and potential appeal to council.

