King George BZA upholds zoning administrator response as timely and says administrator lacks authority to decide Amazonvested-rights claim

The King George County Board of Zoning and Appeals on Feb. 12, 2025, voted to deny appeal case Z2024-01963 from Amazon Data Services Inc., finding the zoning administrator's August 8, 2024 response was timely and sufficient and that the county zoning administrator does not have authority under the King George County ordinance to determine whether Amazon holds vested rights to the approved Birchwood data center approvals.

The matter concerned roughly 869 acres across nine parcels associated with the Birchwood data center project and Amazon's request that the zoning administrator determine whether prior approvals ' including a conditional rezoning, proffer amendment, special exception and comprehensive plan amendment ' had created vested rights that would prevent a pending county downzoning. Mary Stewart, counsel for the county, framed the issue: "The question before the BZA tonight is whether Mr. Smolnick as zoning administrator was correct in saying that he did not have to make a determination of vested rights or if he was incorrect and should have made a determination of vested rights."

The county argued the zoning…