Presentation to CANDO Nanaimo, BC September 25, 2014 Lawren ence L Lewis Dan H n Hua uang Nation M Nat Man anager Seni nior P Planne ner Mal alah ahat at Nat Nation Urba rban S Systems
Nation Building – Under Construction
9 New Homes – 30 more! Completed Essential Policy Documents: Band Office Renovation ◦ Human Resources Kwunew Kwasun ◦ Financial Management Gala & Endowment ◦ Council Tribal Journeys ◦ Land Use Land Code Tethering ◦ Marine Use ◦ Housing Financial Law Tethering 10 major Home Reno’s IBA’s / MBA’s / JV’s & More Ec. Dev. Authority Fiscal House Cleaning Accreditation (Youth) Performance Based Website & Engagement Employment New Election Code Leave no Malahat’s behind! Demonstrated & Declarative plus…$100K+ Staff Training Action and Outcomes The Last 24 months… …much accomplished!
Kwanew Kwasun Endowment Society 2 nd Gala November 1 st Sold Out!
Planning gives the community the framework and process to: ◦ Examine its core values ◦ Create a vision for the future ◦ Work towards achieving that vision While the base land use planning tools are similar, every community is unique Urban Systems has worked with numerous FN communities throughout Canada – from BC to Nova Scotia – for nearly four decades
Planning issues are often a source of conflict, as planning is a balance act between many competing interests
A key issue of planning is finding the right balance between individual property interests the broader community interest
Comprehensive Community Plan (CCP) Land Code Land Use Plan Zoning Subdivision / Development Servicing Development Permit ◦ Landscape standards ◦ Building design guidelines Building Permit
Prior to 1996, options for direct First Nation land management were limited (self- government or treaties) In February 1996, 14 Chiefs signed the Framework Agreement with Canada for First Nations to manage their lands under their own Land Code Framework Agreement established the Lands Advisory Board (LAB) In June 1999, Canada enacted the First Nations Land Management Act (FNLMA)
Once a First Nation has ratified the Framework Agreement and has begun operating under its Land Code, thirty-four (34) sections of the Indian Act related to land management no longer apply to the local FN’s reserve lands and resources Other laws associated with Land Code include: ◦ Matrimonial Property Laws ◦ Zoning and Land Use Laws ◦ Infrastructure, Development and Building Laws ◦ Financial Management Laws ◦ Others
Private Community Interests Interests Minimal Due Processing Diligence Time Flexibility Certainty Minimum # of Maximum # of Planning Tools Planning Tools Inform Empower
LAND CODE Land Use Plan Design Zoning Development Guidelines Regulations Procedures Land Use Construction Policies Standards
Once the planning “rules” are set, important to set out procedures in Law in order to follow and/or amend the plan Under Land Code, Chief and Council are generally given the responsibility to amend land use plan, but some tasks can be delegated to others, including: ◦ Land Management Board / Advisory Planning Commission ◦ Development Corporation ◦ Approving Officer / Lands Manager Development Process Flowcharts are helpful , and provide application consistency to secure investment
Application or referral package is received Off On or off On reserve? Initiate Consistent referrals Yes No with Land process Use Plan? Initiate Land Give Use Plan planning amendment approval process
Stage 1 Stage 2
Tsawwassen Mills – 1900 units residential, 1.8 million square feet commercial Industrial opportunities through Delta Port expansion Source: Tsawwassen First Nation
Oyster Bay Four Corners – mixed used development site - commercial, residential, tourism, marina Remaining lands preserved for community uses and other economic development opportunities Source: Stz’uminus First Nation / Coast Salish Development Corporation
La Lawrence Lew Lewis Dan Hua Huang Nation Manager Senior Planner / Principal Malahat Nation Urban Systems lawrencelewis@malahatnation.com dhuang@urbansystems.ca (250) 743-3231 (250) 380-8138 www.malahatnation.ca www.urbansystems.ca
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