What Is Being Proposed — and Why It Must Be Stopped
The proposed rezoning of 1201 Pisgah Church Road from R-3 to RM-12 threatens to upend the character and integrity of New Irving Park. This 0.86-acre parcel sits at the very entrance to our neighborhood — a gateway that sets the tone for the entire community.
Every privately-owned parcel surrounding 1201 Pisgah Church Road is zoned R-3 — the city's lowest-density single-family residential classification. That has been true for decades. The city's own Staff Report confirms it in writing.
The developer is seeking to change that for this single lot alone, rezoning it to CD-RM-12 to build up to 8 attached luxury townhomes where only 2 detached single-family homes are currently permitted. This represents a fourfold increase in allowable density — from 3 units per acre to 12 units per acre — on a parcel smaller than several of the individual home lots surrounding it.
The development is described as "luxury modern villas." It offers no affordable units, no senior housing, and no ADA-designated dwellings. There is no public benefit — only one developer's private financial gain.
On April 15, 2025, the Greensboro City Council voted 6–2 to approve the rezoning over the objections of approximately 200 residents who filled the council chamber. The district's own council representative voted no. Fourteen neighboring homeowners have now filed suit in Guilford Superior Court to reverse it.
- 0.86 acres — size of the single rezoned parcel
- R-3 → RM-12 — least dense single-family to high-density multifamily, skipping RM-5 and RM-8
- 3 → 12 units/acre — a fourfold density increase
- 2 → 8 dwelling units — before and after rezoning
- R-3 — zoning of every surrounding private parcel
- $0 public benefit — no affordable, senior, or ADA units
- 200+ residents in opposition at City Council
- 14 plaintiffs now suing in Guilford Superior Court
"A zoning ordinance or amendment that singles out and reclassifies a relatively small tract owned by a single person and surrounded by a much larger area uniformly zoned, so as to relieve the small tract from restrictions to which the rest of the area is subjected."
Cited in Complaint ¶30 · Case No. 25CV012515-400 · Guilford Superior Court
Why This Plan Is Unacceptable
Our opposition is not about opposing all growth or all development. Greensboro needs housing. But responsible density means the right project in the right location — and this is the wrong project, on the wrong lot, creating the wrong precedent for every neighborhood in the city.
RM-12 allows 12 dwelling units per acre — four times the 3 allowed in R-3 zones. This would create a jarring contrast with every nearby home. North Carolina courts define this as illegal spot zoning when, as here, no legally sufficient reasonable basis exists for the change. Fourteen homeowners are pressing that case in court.
Increased density brings more vehicles to an already congested intersection. Both proposed driveways access a single southbound lane on Willoughby Boulevard — the same road used for Hall Middle School pickup and dropoff at 3:30 PM daily. A retired civil engineer with 50 years of experience testified the site is physically too small for 8 units as described.
Rezoning this lot opens the door to more high-density projects that don't fit the character of our — or any other — Greensboro neighborhood. If this is upheld, any small lot in any single-family neighborhood citywide can be spot-zoned for dense multifamily at any time, for any individual owner's profit, with no recourse for the surrounding community.
A creek originating at 1201 Pisgah Church Road flows directly into Buffalo Lake. Testimony showed dramatic sediment accumulation since 2008 — the lake is barely recognizable. Neighborhood stormwater infrastructure was designed for low-density use and is already overwhelmed. This development would accelerate a crisis the city has not addressed.
Every plaintiff in the lawsuit alleges diminution in property value as a direct result. Several purchased their homes — one built a covered back porch — in direct reliance on the surrounding R-3 zoning. That reliance was entirely reasonable. The city's own Comprehensive Plan requires development to be "in scale" with the neighborhood context.
There is no affordable housing, no senior housing, no ADA-designated units in this proposal. The sole beneficiary is one private developer who will realize a windfall profit from the fourfold density increase. The council cited "public interest" in its approval — but could not identify a single public benefit that this project and only this project provides.
About the Developer and This Proposal
BJ Johnson — The Applicant
William H. "BJ" Johnson, Jr. is a developer based in Burlington, NC — not a resident of New Irving Park or Greensboro. He owns the 0.86-acre parcel at 1201 Pisgah Church Road and is the sole applicant for this rezoning. He has pursued high-density development projects in areas traditionally zoned for single-family homes. While growth is part of any city, responsible development requires working within established zoning frameworks — not using spot zoning to extract windfall profits from a single lot at a neighborhood's entrance.
What the Developer Is Proposing
Johnson has proposed the construction of 8 attached luxury townhomes — described as "modern luxury villas" — on the 0.86-acre parcel. The rezoning application was approved by the Planning & Zoning Commission 8–1 and by City Council 6–2 despite overwhelming community opposition. The project offers no affordable units, no senior housing, no ADA-designated dwellings. The Greensboro City Council's own Statement of Consistency — the document justifying approval — has been challenged by plaintiffs as legally inadequate and analytically conclusory.
How the Planning & Zoning Process Works — and Where It Failed
The Role of the Planning & Zoning Commission
The Greensboro Planning & Zoning Commission advises City Council on rezoning requests and land use decisions. While their role is formally advisory, their recommendations carry significant weight and strongly influence the final decision made by elected officials. The commission is charged with evaluating whether a rezoning request is consistent with the city's Land Development Ordinance, the GSO 2040 Comprehensive Plan, and the broader public interest.
Developer submits sketch plan to the Technical Review Committee for initial feedback
Developer must hold at least one public neighborhood meeting before the P&Z hearing
Commission hears public comment and votes on a recommendation to send to City Council
Elected officials take final action; neighbors may appeal a P&Z approval to Council
If the council approves, affected property owners may file suit in Superior Court to challenge
Fourteen plaintiffs are in Guilford Superior Court — Step 5 — seeking to reverse the approval
When residents show up to every stage of this process — meetings, hearings, and council sessions — it sends a powerful message that the community is paying attention and will not accept changes that harm the character, safety, and integrity of the neighborhood. This community showed up at every step. The approval happened anyway. That is why we are now in court.
Follow the Court Case — Case No. 25CV012515-400
On June 10, 2025, fourteen neighboring homeowners filed a civil complaint against the City of Greensboro in Guilford Superior Court. You can follow all court filings in real time through the North Carolina Judicial Branch online portal.
Allman Spry Leggett Crumpler & Horn, P.A.
Four Causes of Action
- 1 Illegal spot zoning — declaratory judgment sought to reinstate R-3 zoning
- 2 Constitutional due process violations — 42 U.S.C. §1983 and NC Constitution Art. I
- 3 Preliminary & permanent injunction to block all construction permits
- 4 Attorneys' fees under N.C.G.S. §6-21.7 — taxed to the City if it exceeded its authority
Follow the Case
You can follow all official court filings in real time through the North Carolina Judicial Branch (Guilford County) online portal. Search for case number 25CV012515-400 for the most current filings and status.
Join our email list to receive updates when significant developments occur in the case.
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"Let's stand together to protect the charm, safety, and future of New Irving Park. Say NO to RM-12 at 1201 Pisgah Church Road."