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Prepared for Council-in-Committee Report No. CDS-047-07 Agenda Date June 11, 2007 File No. 120902 Subject NATURE CONSERVANCY OF CANADA ACQUISITION OF “PHILIPS PROPERTY” Recommendations THAT Council support the acquisition of the R. Philips property at 4621 Michener

Road via an in-kind donation by waiving planning/rezoning fees, having a value of approx. $3,000, and;

THAT Council consider a monetary donation at it’s discretion. Relation to Council’s 2007-2010 Corporate Strategic Plan Priority: Development and Land Use Goal: A2, Address constraints under natural heritage protection, Initiative: A2.3 Develop public ownership and private stewardship strategies for lands

under natural heritage protection. List of Stakeholders Rick Philips Nature Conservancy of Canada Niagara Peninsula Conservation Authority Town of Fort Erie Prepared and submitted by: R. Mostacci, MCIP, RPP Director, Community & Development Services

Approved by: Harry Schlange, MBA Chief Administrative Officer

Community & Development Services

Page 2 of 4 Report No. CDS-047-07

Purpose of Report The Nature Conservancy of Canada (NCC) is requesting financial support from the Town of Fort Erie towards the acquisition of part of the Phillips property at 4621 Michener Road. A Location Map is attached as Appendix 1. Also attached as Appendix 2 is the NCC’s project information sheet. Analysis From a Natural Heritage perspective, the property includes a large forested wetland tract within the Point Abino Natural Area and is significant on a number of levels:

• It is part of a Nationally significant Important Bird Area; • It is part of a Provincially Significant Wetland; and, • Has been identified within NCC's Great Lakes Conservation Blueprint as a site

important to the conservation of Great Lakes biodiversity. Approximately 30 acres of the property is part of the Point Abino Provincially Significant Wetland complex. An additional 11 acres is an old growth woodlot containing a mix of upland maple, cherry and oak. The remaining 60+ acres is retired agricultural lands and is the process of regeneration into a natural area through success ional growth. Acquisition of the property will establish the first large protected area within Point Abino Natural Area, an area where few large land parcels exist. In addition, there is a registered Archeological Site which may extend onto the frontage of the property near Michener Road. The acquisition represents an opportunity to increase size and maintain condition/landscape context of the property. This property may function as a migratory stopover site given its close proximity to Lake Erie and the limited local natural cover in the surrounding area. Financial/Staffing Implications At this point, NCC requires approximately an additional $30,000 to fulfill their funding condition on June 30 2007. The total cost of the acquisition project exceeds $300,000, the NCC is approaching a number of prospective funder’s for this project, and a contribution from the Town would help demonstrate local support. As the lands are expected to be transferred to The Niagara Peninsula Conservation Authority (NPCA), a zoning change will be required to include the protected lands in an appropriate Open Space Zone to allow conservation uses only. Since the lands are to be transferred to the NPCA a severance application under the Planning Act is not required. The parcel to be retained by Mr. Phillips will need to be rezoned to recognize the

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undersized lot area as the bylaw requires 20 hectares (50 acres). The normal cost of such a zoning change is in the range of $3,000. Staff recommend including the zoning change in the next “housing amendment” in order to save the cost of the process. This in turn could be considered an in-king contribution from the Town for this valuable effort. Council may wish to make a further financial contribution at it’s discretion to demonstrate it commitment to the preservation of natural areas in the Town of Fort Erie. Policies Affecting Proposal By-law 41-07 adopted Councils 2007-2010 Corporate Strategic Plan. Under the Development and Land Use Priority Council recognized the need for the protection of our natural areas. One of the goals under this priority is to address constraints on lands under Natural Heritage Protection. An initiative under this goal is to “Develop public ownership and private stewardship strategies for land under natural heritage protection” (e.g. Land Trusts, Conservation Easements, Nature Conservations). The acquisition of this property implements Councils Strategic Plan Current Official Plan The Official Plan designates the property as Agricultural and Hazard. Newly Adopted Official Plan The newly adopted Official Plan designates the property as Agricultural, Environmental Protection and Environmental Conservation. Zoning By-law The Town’s Comprehensive Zoning By-law 129-90 zones the property as Agricultural and Hazard Comments from Relevant Departments/Community and Corporate Partners NA Alternatives As discussed under financial/staffing implications.

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Conclusion The acquisition of the Philips property by the NCC, and the ultimate transfer to the NPCA represents a significant step and effort in preserving Fort Erie’s natural heritage. It is important to support such efforts in order to encourage additional partnerships in the future. Attachments Appendix 1, Location Map Appendix 2, NCC Project Information Sheet

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Community and Development Services June 11, 2007

NATURE CONSERVANCY OF CANADAPURCHASE OF PORTION OF PHILLIPS PROPERTY4621 MICHENER ROAD

APPENDIX "1" TO ADMINISTRATIVE REPORT CDS-047-07 DATED JUNE 11, 2007APPENDIX "1" TO ADMINISTRATIVE REPORT CDS-047-07 DATED JUNE 11, 2007APPENDIX "1" TO ADMINISTRATIVE REPORT CDS-047-07 DATED JUNE 11, 2007APPENDIX "1" TO ADMINISTRATIVE REPORT CDS-047-07 DATED JUNE 11, 2007APPENDIX "1" TO ADMINISTRATIVE REPORT CDS-047-07 DATED JUNE 11, 2007APPENDIX "1" TO ADMINISTRATIVE REPORT CDS-047-07 DATED JUNE 11, 2007APPENDIX "1" TO ADMINISTRATIVE REPORT CDS-047-07 DATED JUNE 11, 2007APPENDIX "1" TO ADMINISTRATIVE REPORT CDS-047-07 DATED JUNE 11, 2007APPENDIX "1" TO ADMINISTRATIVE REPORT CDS-047-07 DATED JUNE 11, 2007

Phillips Property - 113 acres

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Portion to be purchased by Nature Conservancy of Canada95 acres (approx)

Point Abino Woods Southwestern Ontario

For 15 years the Nature Conservancy of Canada (NCC) has been working to secure large tracts of natural land at Point Abino Woods, just 15 km west of Fort Erie. Located on the northeastern shore of Lake Erie, the Point Abino Woods Natural Area includes diverse examples of Lake Erie coastal habitats and the species they support. NCC now has the opportunity to conserve some of the best habitats in the Point Abino Woods Natural Area through the purchase of the 100 acre Phillips property.

THE HOODED WARBLER, A SPECIES AT RISK; PHOTO COURTESY OF EDGAR T. JONES.

Ecological Significance The unique biodiversity values of the Point Abino Woods have been well documented. Identified as a Nationally Significant Important Bird Area and a Carolinian Canada site, Point Abino Woods includes a provincial Area of Natural and Scientific Interest (ANSI) and three Provincially Significant Wetlands. This large, privately owned area encompasses the most extensive and spectacular expanse of forested dunes, wetlands, and undisturbed shoreline along the north coast of Lake Erie in this region. Point Abino Woods is characterized by sand ridge forests that support a series of well developed, species-rich communities. The south westerly facing slopes and backshore fringes support a dry forest of Red Oak, Red Maple and White Pine, while slopes with more moisture support communities of Sugar Maple, American Beech, Tulip Tree and Black Walnut with a rich herbaceous understory. Deciduous swamp forests dominated

by Silver Maple, White Elm and Black and Green Ash, and shrub swamps of Dogwood, Spicebush, Arrow Wood and Speckled Alder are common in the natural area. The general cutting practices in the past have created several oareas of successional wetlancommunities.

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Wood Aster are all known to be

Provincially and nationally significant species such as Fowler’s Toad, Prothonotary Warbler, Hooded Warbler, Flowering Dogwood, and White

in Point Abino Woods.

WETLAND HABITAT AT THE PHILLIPS PROPERTY;PHOTO BY NCC PHOTO BY NCC

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-047-07 JUNE 11, 2007

The Phillips Property ludes a large forested wetland area, and approximately 30

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his property functions as a migratory stop-over site, given its close proximity to Lake

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tatus and Threats Agreement of Purchase and Sale to acquire this 100 acre

he retired agricultural lands are regenerating naturally and provide an opportunity for

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udget erty – Point Abino Natural Area

The Phillips property incacres of the property is part of the Provincially Significant Wetland complex. An additional 11 acres is an old growth forest containing a mix of upland Sugar MapleBlack Cherry and Oak. The remaining acreage is retired agricultural lands, presentina good opportunity for habitat restoration. TErie and the limited local natural cover in the surrounding area. The globally rare Eastern Foxsnake has been recorded on the property, and may use a portion of thproperty for hibernacula, or over-wintering grounds. CMuch publicity followedlocated to the south and west of the Phillips property. While the likelihood of acquiring and managing the Marcy’s Woods property appears minimal at this timNCC continues a dialogue with the owner. The Phillips property is the next best opportunity to acquire a significant tract within Point Abino Woods and establishconservation presence in this area. This acquisition will hopefully lead to other conservation opportunities with landowners within the Point Abino Woods NaArea. SNCC has negotiated anproperty, subject to funds being committed by 30 June 2007. Twetland and upland restoration and monitoring, as well as providing a buffer and linkage to the existing wetland area. Private sale of the property, under the currentzoning, would likely result in re-instatement of agricultural production on the 60 acthe harvesting of the old growth and wetland forest. SWorking with the Niagpartners, the goal will be to restore natural cover and hydrology of the property tomaintain and enhance the current wetland function and species habitat. Title to theproperty will be held by the Niagara Peninsula Conservation Authority, with NCC assisting and monitoring long term management of the property. BPhillips PropPurchase price (including appraisal, legal fees, survey, staff & related $ XXX,XXXcosts) Short-term stewardship costs $ X,XXXContribution to NCC’s Stewardship Endowment Fund $ XX,XXXTotal Budget $ XXX,XXXFunds Committed From Public/Private Partners $ XXX,XXXFunds Remaining to Raise by 30 June 2007 $ 30,802

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-047-07 JUNE 11, 2007

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-047-07 JUNE 11, 2007

THE GLOBALLY RARE EASTERN FOX SNAKE HAS BEEN RECORDED ON THE PHILLIPS PROPERTY; PHOTO COURTESY OF BEN PORCHUK.

For more information please contact: June 2007

The Nature Conservancy of Canada Southwestern Ontario Office James Duncan Program Manager Grosvenor Lodge 1017 Western Road London, Ontario N6G 1G5 Toll Free: 1-866-281-5331 Telephone: (519) 640-6816 Fax: (519) 645-0981 E-mail: james.duncan@natureconservancy.ca Development & Communications Office Shreve LaFramenta Development & Communications Officer, Ontario Region Suite 400 – 110 Eglinton Avenue West Toronto, Ontario M4R 1A3 Toll Free: 1-800-465-0029 ext. 235 Telephone: (416) 932-0050 ext. 235 Fax: (416) 932-3208 E-mail: shreve.laframenta@natureconservancy.cawww.natureconservancy.ca Donations may be made by cheque, stock transfer or credit card. Cheques should be made payable to “Nature Conservancy of Canada.” Please indicate either in the memo portion of your cheque, or in a note accompanying your donation that your gift is for “Point Abino Woods.” NCC may direct all or a portion of gifts to the Phillips property to its Stewardship Endowment Fund, for use in Ontario. Revenue generated by the Stewardship Endowment Fund on such monies is used to care for properties across Ontario, including the Phillips property.

APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-047-07 JUNE 11, 2007