A02-737 U of N Bencorp – 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

Petitioners Motion to Amend Findings of Fact, Conclusions of Law, and Decision and Order Dated 3-23-2020, Memorandum in Support of Motion, Declaration of Maria F. Fagerstrom-Rydet, Petitioner’s Exhibits 1-20, Verification of Julie B. Anjo, COS (03/23/2020)

May 2020

University of the Nations, Kona, Inc., State of Hawaii Office of Planning and County of Hawaii, Planning Department’s Joint Stipulation Re Scheduling of Motion to Amend Order; Certificate of Service (05/27/2020)

June 2020

Petitioner filed the following documents (06/23/2020)

    1. Witness List; Certificate of Service
    2. Exhibit List; Exhibits “22” – “29”; Certificate of Service
    3. First Supplemental Memorandum in Support of Motion to Amend the Findings of Fact, Conclusions of Law, and Decision and Order; Declaration of Derek B. Simon; Petitioner’s Exhibit “21”; Certificate of Service

July 2020

Petitioner filed the following documents (07/07/2020)

    1. University of the Nations, Kona, Inc.’s Second List of Rebuttal Witnesses in Response to Order to Show Cause Issued on Mary 20, 2019; Certificate of Service
    2. University of the Nations, Kona, Inc.’s Response to the Office of Planning’s and County of Hawaii’s Statements of Position Re: (A) University of the Nations, Kona, Inc.’s Motion to Amend Findings of Fact, Conclusions of Law, and Decision and Order, Filed March 23, 2020; and (B) Order to Show Cause, Filed March 29, 2019; Certificate of Service

Statement of the Position of the County of Hawai`i Planning Department on the Land Use Commission’s Order to Show Cause and Petitioner’s Motion to Amend (06/22/2020)

 

 

OPSD’s Request for Extension of Time (03/25/2020)

OPSD’s Statement of Position in University of the Nations, Kona, Inc.’s Motion to Amend Findings of Fact, Conclusions of Law, and Decision and Order, COS (06/23/2020)

OPSD’s exhibits 1-3 to support Statement of Position (06/23/2020)

OPSD’s Amended Response to A94-706 Kaonoulu Ranch Motion to Dismiss the OSC (06/23/2020)

OPSD’s Testimony on University of the Nations, Kona, Inc.’s Motion to Amend Findings of Fact, Conclusions of Law, and Decision and Order, COS (07/07/2020)

LUC issued pre-hearing order by email due to health hazard crisis lockdown (04/13/2020)