2020 Motion to Amend

In 2003, the Commission issued the D&O reclassifying the Petition Area from the SLU Agricultural District to the SLU Urban District and authorized the development of the Original Project.

On December 21, 2006, UNK’s predecessor-in-interest, Aero Hawaii, a Hawai’i nonprofit corporation (“Aero”), filed a Motion to Amend Findings of Fact, Conclusions of Law and Decision and Order (the “2006 Motion to Amend”) seeking approval of a modification to the Original Project in order to eliminate the Cultural Center (due to it being profit-driven) and instead expand the University’s academic and recreational facilities, and also to replace the market-rate phases of Hualalai Village on the Petition Area with much needed staff and student housing (the “2006 Updated Project”).

The Commission held a hearing on the 2006 Motion to Amend on March 1, 2007, but ultimately no action was taken. UNK is concurrently withdrawing the 2006 Motion to Amend with the filing of this Motion to Amend.

On March 28, 2019, the Commission held a status hearing on this Docket. At the conclusion of UNK’s status report, the Commission voted to issue an Order to Show Cause (the “OSC”). One day later, on March 29, 2019, the Commission filed the OSC and set the OSC Hearing for May 22, 2019.

On May 9, 2019, UNK filed its Motion to Rescind Order to Show Cause or to Continue Hearing on Order to Show Cause (“Motion to Continue”).

The hearing on the Motion to Continue was held on May 22, 2019 (the “May 22nd Hearing”), and the Commission granted Petitioner’s Motion to Continue subject to certain stipulations and conditions.

Thereafter, on October 7, 2019, the Commission issued its Order to [sic] Granting United Nation of Kona’s [sic] Motion to Continue Hearing on Order to Show Cause (“Order on Motion to Continue”), which continued the OSC proceedings by a time period not to exceed one year, to allow Petitioner an opportunity to file an amendment to the 2006 Motion to Amend, or to withdraw their 2006 Motion to Amend and file a new motion to amend the conditions of the D&O.

On October 14, 2019, UNK filed a Motion for Reconsideration of Order to [sic] Granting United Nation [sic] of Kona’s Motion to Continue Hearing on Order to Show Cause (“Motion for Reconsideration”). The Commission orally granted in part and denied in part the Motion for Reconsideration at its January 8, 2020 hearing. This Motion to Amend is made in compliance with the conditions and stipulations of the Order on Motion to Continue.

2020 Motion to Amend

The Revised Project is more modest in scope than the Original Project and more focused on the students than the changes that were proposed in the 2006 Updated Project. The Revised Project does not contain any for sale housing, expands the educational facilities that were originally planned on 5 acres of the Petition Area, and no longer includes the Hualalai Village condominiums or the Cultural Center.

In the 2020 Motion to Amend, the Revised Project is proposed to generally be composed of the following elements:

Dormitories for students and staff
Elementary, middle and high schools
Instructional buildings, student resource center
Athletic Complex and training areas
Storage and maintenance facilities
Discovery Center (science, technology, linguistics)
Chapel
Agricultural area
Preservation and integration of archeological sites
Supportive facilities

See Petitioner’s Exhibit 2 for a copy of the 2020 Master Plan and the more detailed Project Description in Petitioner’s Exhibit 3 at §2.0.

Petitioner FilingsCounty of Hawai`i FilingsState Office of Planning & Sustainable Development (OPSD) FilingsCorrespondence

March 2020

A02-737 University of the Nations, Kona, Inc.’s Motion to Amend Findings of Fact, Conclusions of Law, and Decision and Order Dated 03-23-2020, Memorandum in Support of Motion, Declaration of Maria F. Fagerstrom-Ryder, Petitioner’s Exhibits 1-20, Verification of Julie B. Anjo, COS (03/23/2020)

Motion to Amend Findings of Fact, Conclusions of Law, And Decision and Order; Memorandum in Support of Motion

Exhibit 1 – Findings of Fact, Conclusions of Law, and Decision and Order for a State Land Use District Boundary Amendment; Exhibit A filed on August 8, 2003
Exhibit 2 – 2020 Master Plan Update for the Revised Project prepared by G70
Exhibit 3 – Environmental Planning Report prepared by G70

Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I-1
Appendix I-2
Appendix I-3
Appendix I-4
Appendix I-5
Appendix J
Appendix K
Appendix L
Appendix M
Appendix N

Exhibit 4 – Master Plan from the 2003 State Land Use District Boundary Amendment
Exhibit 5 – Master Plan from the 2006 Motion to Amen
Exhibit 6 – Zoning Map
Exhibit 7 – 2005 Hawai’i County General Plan
Exhibit 8 – Hawai’i County 2040 Draft General Plan Future Land Use Map for the North Kona District
Exhibit 9 – Construction costs estimates for the Revised Project
Exhibit 10 – Letter dated February 18, 2020 from Central Pacific Bank
Exhibit 11 – UNK’s 2018 IRS Form 990
Exhibit 12 – UNK’s Consolidated Audited Financial Statements with Independent Auditor’s Report for the Years Ended June 30, 2019 and 2018
Exhibit 13 – Worksheet of additional tuition to be applied to the Revised Project
Exhibit 14 – Faith-Based Financing Model
Exhibit 15 – E-mail dated March 11, 2020 from Richard Wheelock to Ken Van Bergen regarding the potential for the UNK to obtain water units
Exhibit 16 – Letter from the County of Hawai’i, Department of Environmental Management’s Wastewater Deputy Chief
Exhibit 17 – Letter from the County of Hawai’i, Office of Housing and Community Development Housing Administrator
Exhibit 18 – Press release dated September 23, 2011 issued by the Hawai`i Housing Finance and Development Corporation
Exhibit 19 – Minutes of the Regular Meeting of the Hawai’i Housing Finance and Development Corporation form April 10, 2014
Exhibit 20 – Exhibit C to a Ground Lease with Lessor Ka `Ohana Waiaha entitled “Eligibility and Priority System ad Offering Procedures for Homeowner Resales to Eligible Successor Homeowners.”