Council defers Rosewood rezoning after state aeronautics commission warns of legal conflict
December 17, 2025 | Columbia City, Richland County, South Carolina
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Columbia City Council deferred action on a rezoning request for a parcel on Rosewood Drive after officials from the Jim Hamilton LB Owens Airport and the South Carolina Aeronautics Commission urged caution, saying removing the city's Airport Safety Overlay District could conflict with state law and create safety risks.
Peter Ceballos, airport general manager for Jim Hamilton LB Owens Airport, told council the overlay “is a critical tool” that limits incompatible residential intensification near the approach path and helps protect pilots, passengers and nearby residents. John Hodge, representing the South Carolina Aeronautics Commission, said the state code (Title 55) requires local governments to consider airport land‑use zones and consult the Division of Aeronautics when making land‑use decisions affecting airport zones. “By virtue of the planning commissions removing the airport overlay district from this parcel…you essentially are…contravening state law,” Hodge said.
The applicant’s representative, Ashok Kumar, said the owner planned a three‑story single‑family home and would follow any conditional determinations. Planning staff explained that the overlay enforces a hard 35‑foot height cap in the approach zone and restricts residential from certain nonresidentially zoned properties; staff suggested the item be deferred to obtain legal review and coordinate with the airport and state stakeholders.
Council voted to defer the rezoning and asked staff to meet with the applicant and legal counsel to explore options, noting that a denial would bar a substantially similar request for one year. The deferral passed on a roll call showing unanimous support for postponement pending legal advice and stakeholder coordination.
Next steps: staff will consult with the city attorney and the aeronautics representatives, and will return to council with options for the applicant (deferral with refile, alternative design, or a different rezoning strategy).
Peter Ceballos, airport general manager for Jim Hamilton LB Owens Airport, told council the overlay “is a critical tool” that limits incompatible residential intensification near the approach path and helps protect pilots, passengers and nearby residents. John Hodge, representing the South Carolina Aeronautics Commission, said the state code (Title 55) requires local governments to consider airport land‑use zones and consult the Division of Aeronautics when making land‑use decisions affecting airport zones. “By virtue of the planning commissions removing the airport overlay district from this parcel…you essentially are…contravening state law,” Hodge said.
The applicant’s representative, Ashok Kumar, said the owner planned a three‑story single‑family home and would follow any conditional determinations. Planning staff explained that the overlay enforces a hard 35‑foot height cap in the approach zone and restricts residential from certain nonresidentially zoned properties; staff suggested the item be deferred to obtain legal review and coordinate with the airport and state stakeholders.
Council voted to defer the rezoning and asked staff to meet with the applicant and legal counsel to explore options, noting that a denial would bar a substantially similar request for one year. The deferral passed on a roll call showing unanimous support for postponement pending legal advice and stakeholder coordination.
Next steps: staff will consult with the city attorney and the aeronautics representatives, and will return to council with options for the applicant (deferral with refile, alternative design, or a different rezoning strategy).
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