Council waives sidewalk and vertical-curve requirements for proposed Meadow Hills subdivision

The City of Nogales voted on May 7 to grant the developer Michael Karam a project-specific waiver from two requirements in the city’s 2024 development standards for a planned Meadow Hills subdivision.

Council action: By a 6–1 vote, council members approved waiving the standard that would require vertical curb returns and approved eliminating the required sidewalk for the subdivision, allowing instead rolling curbs and landscaped frontages. The council’s motion covered both waivers together; a single roll call followed the motion and passed with one dissenting vote.

Developer’s request and rationale: Developer Michael Karam told the council he has developed Meadow Hills since 1959 and is preparing a new 20-lot subdivision. Karam and his engineer told council that vertical curb returns can create problems for future homeowners (cement trucks or trucks damaging curbs) and that rolling curbs and landscaped frontages would make the lots more usable and attractive. Karam said the proposed lots are large — in some cases 1.5 to multiple acres — and he expects they will be marketed as higher-end homes.

Staff process and planning commission role: City staff reminded the council that the 2024 Nogales Development Standards were adopted Nov. 6, 2024 (effective Dec. 6, 2024), and that the standard process for a change to those standards is a formal application and planning commission review, with appeals to the council. Staff said no formal application to amend the ordinance had been filed before the May 7 meeting; the council acknowledged that the regular process would be to take such an application to planning commission first.

Council debate and concerns: Several council members and staff raised safety and accessibility issues. City attorneys and staff warned that eliminating sidewalks pushes pedestrian, bicycle and wheelchair traffic into the roadway and noted ADA considerations for mobility-impaired residents. Some council members said many residential areas in Nogales lack sidewalks and that local context varies; others said sidewalks support safe walking, bike use and jogging and reduce the risk of pedestrian-vehicle conflicts.

Council decision and direction: Despite those concerns, the council voted to grant the developer relief for this subdivision as a project-specific waiver, with councilmembers saying the decision was based on lot size and the specific layout proposed. Staff and the developer were directed to proceed with platting consistent with the council’s decision. Staff also noted that future developers should use the formal application process for any standard changes.

Vote: Motion passed 6–1 (one dissent). The dissenting council member cited pedestrian-safety and access concerns.

Background: City staff said the development standards are intended to be applied citywide but acknowledged there can be circumstances where the council may grant site-specific exceptions. Planning and zoning commission review is the standard administrative route for changes to design standards; council members asked that future applicants use that process to preserve public notice and technical review.