presentation to cando nanaimo, bc september 25, … to cando nanaimo, bc september 25, 2014 nation...
TRANSCRIPT
Dan Huang Senior Planner Urban Systems
Lawrence Lewis Nation Manager Malahat Nation
Presentation to CANDO Nanaimo, BC
September 25, 2014
Nation Building – Under Construction
The Last 24 months… …much accomplished!
9 New Homes – 30 more! Band Office Renovation Kwunew Kwasun Gala & Endowment Tribal Journeys Land Code Tethering Financial Law Tethering IBA’s / MBA’s / JV’s & More Fiscal House Cleaning Performance Based
Employment Demonstrated & Declarative Action and Outcomes
Completed Essential Policy Documents: ◦ Human Resources ◦ Financial Management ◦ Council ◦ Land Use ◦ Marine Use ◦ Housing
10 major Home Reno’s Ec. Dev. Authority Accreditation (Youth) Website & Engagement New Election Code Leave no Malahat’s behind! plus…$100K+ Staff Training
Kwanew Kwasun Endowment Society 2nd Gala November 1st 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
Due Diligence
Minimal Processing
Time
Community Interests
Private Interests
Certainty Flexibility
Maximum # of Planning Tools
Minimum # of Planning Tools
Inform Empower
LAND CODE
Land Use Plan
Zoning Regulations
Land Use Policies
Development Procedures
Construction Standards
Design Guidelines
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
On or off reserve?
Consistent with Land Use Plan?
On Off
Initiate referrals process
No Yes
Give planning approval
Initiate Land Use Plan amendment 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
Lawrence Lewis Nation Manager Malahat Nation [email protected] (250) 743-3231 www.malahatnation.ca
Dan Huang Senior Planner / Principal Urban Systems [email protected] (250) 380-8138 www.urbansystems.ca