A02-737 U of N Bencorp – 2006 Motion to Amend

Petitioner’s Original Project was to be composed of the Hualalai Village condominiums, the Cultural Center, and the Education Facility. (D&O at FOF 39- A copy of the Master Plan for the Original Project is attached as Petitioner’s Exhibit 4).

Three of the four phases of Hualalai Village were planned within the Petition Area.

Phase I, containing 103 residential units, was under construction and located outside of the Petition Area. Phases II – IV, with a total of 297 residential units were to be constructed within 31 acres of the Petition Area and would include a recreation center, exercise facilities, and a pool. D&O at FOF 39. The condominiums were to be sold to two different market segments: University affiliates and the general public. (D&O at FOF 45)

The Cultural Center was planned as a first-class tourist attraction, intended to present the authentic story of the native Hawaiian culture, its historical relationship with the introduction of Christianity, and its impact upon the monarchy and the people of Hawai’i, including the Kona region. D&O at FOF 50. The Cultural Center would also include an outdoor water feature, an educational living museum complex, a restaurant, and shops. (Id.)

At the time of the D&O, it was projected that between 500 to 1,100 visitors per day were to visit the Cultural Center. (D&O at FOF 57.) The Cultural Center included parking for up to 15 buses and 840 cars. (D&O at FOF 54) It was planned that profits from the Cultural Center were to flow back to UNK to support its educational activities. (D&O at FOF 53)

The Educational Facility Component of the Original Project was modest. It was planned to use an approximately 5-acre portion of the Petition Area to allow for the expansion of the University’s Existing Campus. (D&O at FOF 63) The exact site plan and configuration had not been determined at the time of the D&O. (Id)

2006 Motion to Amend

UNK’s predecessor-in-interest, Aero Hawaii, a Hawai`i non-profit corporation (“Aero”) filed the 2006 Motion to Amend to get Commission approval of revisions to the Original Project that Aero believed would more closely align with its institutional and faith-­based values. The 2006 Updated Project consisted of three elements: (1) a Staff Housing Community (up to 400 units, ranging from studios to three-bedroom units, along with six single-family residences); (2) three Student Villages consisting of 300 low cost residential units, classrooms, offices, and a library; and (3) expanded Academic and Recreational Facilities consisting of: (a) the College of Arts and Communications; (b) the College of Education; (c) a commons with multi-purpose gymnasium; and (d) additional sports facilities. A copy of the Master Plan for the 2006 Updated Project is attached hereto as Petitioner’s Exhibit 5.

On March 1, 2007, the Commission held a hearing on the 2006 Motion to Amend, but no action was taken. UNK and its predecessors were not able to return to the Commission to pursue further action on the 2006 Motion to Amend due to an internal reorganization and a series of unfortunate and largely unforeseeable events. Now that those hurdles have been cleared, UNK is proceeding with developing the Revised Project with its 2020 Motion to Amend.

Received 2006 Motion to Amend (12/21/2006)

Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5 

Received Petitioner’s Motion to Change Name & Exhibit A (12/21/2006)

Received Petitioner Letter re AEKO Hawaii (01/31/2007)

County Response to Petitioner Letter (02/06/2007)

Received Petitioners List of Exhibits; Exhibits 1-7; COS and List of Witnesses; COS (02/26/2007)

LUC Pre-Hearing Order (02/26/2007)