A02-737 U of N Bencorp- 2019 Order to Show Cause (OSC)

On February 4, 2019, the Commission received a Motion to Substitute Petitioner and Withdraw Land Use Commission Approvals and Revert Land Use District Boundary Classification for Docket No. A02-737 U of N Bencorp from the University of the Nations, Kona, Inc.’s Office of General Counsel. The Motion was withdrawn on March 15, 2019 and a Status Report was presented at the March 28, 2019 LUC meeting in Kailua-Kona.
At the March 28, 2019 meeting it was determined that an Order to Show Cause (OSC) action would be taken. This OSC meeting will be held on May 22, 2019 at the NELHA facility in Kailua-Kona.

LUC Order to Show Cause (3/29/19)

 

Petitioner U of N Bencorp

Submitted at March 28, 2019 LUC meeting in Kona

4/26/19- Order to Show Cause Hearing Filings

Exhibit List (4/26/19)

Witness List (4/26/29)

Link to Exhibits (4/26/19) *this link may expire after time

EXHIBIT NUMBER DESCRIPTION
1 “Findings of Fact, Conclusions of Law, and Decision and Order for a State Land Use District Boundary” dated August 8, 2003
2 CV Robert Rechtman
3 Archaeology Inventory Survey 2003
4 Archaeology Inventory Survey approval letter dated Nov 17, 2003
5 Archaeological Data Recovery Report dated October 2007
6 Preservation Plan dated October 2013
7 Letter Accepting Burial Treatment Plan dated June 2014
8 Burial Treatment Plan dated September 2003
9 Hawaii Island Burial Council Meeting Minutes dated November 20, 2003
10 Resume for Anthony Ching
11a11b Resume for Leina’ala Fruean
12  “Motion to Amend Findings of Facts, Conclusions of Law, and Decision and Order” dated December 21, 2006
13 “Motion to Change Petitioner’s Name and Amend Caption” dated December 21, 2006
14 LUC Hearing Minutes from March 1, 2007
15 Annual Report dated August 30, 2006
16 Annual Report dated March 28, 2019
17 “Declaration of Conditions Applicable to an Amendment of District Boundary from Agricultural to Urban” dated August 18, 2003 – Document No. 2003-171988
18 Aerial Map of the Subject Property and Surrounding Area

A02-737 Notice of Representation of Counsel and Change in Ownership of Petition Area (5/1/19) *Exhibits attached- see below

 

May 3, 2019 Petitioner Submittals

  1. University of the Nations, Kona, Inc.’s Rebuttal List of Exhibits and Rebuttal List of Witnesses; Certificate of Service; and
  2.  University of the Nations, Kona, Inc.’s Statement of Position and Rebuttal to the Statement of Position of the Office of Planning on the Order to Show Cause Issued by the State of Hawaii Land Use Commission on March 29, 2019; Exhibits “19”-“28B”; Verification of Julie B. Anjo; Declaration of Derek B. Simon; Certificate of Service

Petitioner Rebuttal Exhibits 19-28b

Exhibit No. Description
19. Letter from UNK to the Commission regarding Notice of Representation of Counsel and Change in Ownership of Petition Area, dated May 1, 2019
20. Letter from UNK to the Commission, dated April 8, 2019
21. Letter from the Commission to UNK, dated April 5, 2019
22. Map of County ofHawai’i’s zoning for the Petition Area
23. Kona Community Development Plan’s map of the Petition Area
24. Corporate structure of UNK
25. Application for a Well Construction/ Pump Installation Permit submitted to the State of Hawai’i Department of Land and Natural Resources Commission on Water Resource Management, dated December 17, 2018
26a. Letter from the State ofHawai’i Department of Education to UNK, dated February 20, 2019
26b. Letter from the State of Hawai ‘i Department of Education to UNK, dated April 25,2019
27. Declaration of Conditions Applicable to an Amendment of District Boundary from Agricultural to Urban, recorded with the State of Hawai ‘i Bureau of

Conveyances as Regular System Document No. 2003-171988 on August 18, 2003

28a. Map of the State of Hawai’i Land Use District classification for TMK No. (3) 7-5-010:085
28b Map of the State ofHawai’i Land Use District classification for TMK No. (3) 7-5-017:006

May 9, 2019

University of the Nations, Kona, Inc.’s Motion to Rescind Order to Show Cause or to Continue Hearing on Order to Show Cause; Memorandum in Support of Motion; Verification of Julie B. Anjo; Certificate of Service

May 17, 2019

Stipulation Extending Time for U of N, Kona, Inc. to File Supplement Exhibits; Exhibit A; Order

First Supplemental List of Exhibits; Declaration of Derek B. Simon; Exhibits 29-33; Certificate of Service

County of Hawai`i

 

OP

 Office of Planning response to Motion to Rescind Order to Show Cause or to Continue Hearing on Order to Show Cause; Exhibit”A”; Certificate of Service (5/15/19)

Statement of Position of the Office of Planning on the Land Use Commission’s Order to Show Cause- Exhibit A- COS (4/26/19)

 

Correspondence/Testimony

Petitioners Exhibit list

Petitioners List of witnesses

 

Notices & Orders

LUC notice of filing deadlines for MAY 22, 2019 OSC action (4/5/19)