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<br />(' <br />III <br /> <br />TUESDAY <br /> <br />SEPTEMBER 9, 1975 <br /> <br />-- <br /> <br />Mr. Worthy also pointed out that his firm has represented Mr. Ralph C. Lester, <br /> <br />Chairman of the Board of Nationwide Homes, in one or more cases. In addition, <br /> <br />Mr. Worthy suggested that, if Attorney Frith wishes to bring a charge of breach <br /> <br />of legal ethics or of misconduct, he should do so before the Virginia Bar <br /> <br />Association's Fifth District Committee. Furthermore, City Attorney Worthy <br /> <br />stated that his sole interest in the proceedings, from its beginning, includes <br /> <br />in no way any concern as to how City Council might dispose of the rezoning request <br /> <br />except that any action it takes will be compatible with the City's Master Plan <br /> <br />and can be successfully defended in a court of record, should Council's decision <br /> <br />be appealed by either party. City Attorney Worthy stated, also, that in light of <br /> <br />Council's having adopted the 1995 Land-Use Plan and a Master Plan, should Council <br /> <br />approve the rezoning request in the face of these actions and Plans, in his opinion <br /> <br />such an action by Council stands but a 20% chance of being sustained. Members of <br /> <br />Council expressed confidence in the ability and intent of City Attorney Worthy to <br /> <br />serve only as its attorney and legal advisor. At this point, Councilman Greene <br /> <br />and Vice-Mayor Hobson introduced the following prepared statements: <br /> <br />This is probably the most frustrating issue that I have faced since <br />becoming a member of City Council because, in my opinion, there are <br />no clear-cut guidelines or established precedent that control the <br />situation. <br /> <br />First, I considered the highest and best use of the land. I <br />have walked the property four times. I have also walked down <br />to the property from Mrs. Vaughn's house on Sheraton Court. In <br />my opinion, the property is not conducive to residential use. <br />I agree with Nationwide Homes' President, Jim Severt, who <br />argues that "there is little likelihood of residential development <br />along the railroad with a commercial and industrial view across <br />the road." Charles Barnes, Wiley and Wilson Consultant, disagrees. <br />He states: "I feel that a multi-family structure could be built <br />on that piece of property with access up to Drewry Road without <br />five driveways off of Rives Road easily." <br />