Our Focus: Your Future NATURE CONSERVANCY OF CANADA ACQUISITION OF PHILIPS PROPERTY

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1 Town of Fort Erie Community & Development Services Our Focus: Your Future Prepared for Council-in-Committee Report No. CDS-47-7 Agenda Date June 11, 27 File No Subject NATURE CONSERVANCY OF CANADA ACQUISITION OF PHILIPS PROPERTY Recommendations THAT 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,, and; Council consider a monetary donation at it s discretion. Relation to Council s Corporate Strategic Plan Priority: Goal: Initiative: Development and Land Use A2, Address constraints under natural heritage protection, 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: Approved by: R. Mostacci, MCIP, RPP Director, Community & Development Services Harry Schlange, MBA Chief Administrative Officer

2 Community & Development Services Purpose of Report Page 2 of 4 Report No. CDS-47-7 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 3 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 6+ 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 $3, to fulfill their funding condition on June The total cost of the acquisition project exceeds $3,, 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

3 Community & Development Services Page 3 of 4 Report No. CDS-47-7 undersized lot area as the bylaw requires 2 hectares (5 acres). The normal cost of such a zoning change is in the range of $3,. 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 41-7 adopted Councils 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 zones the property as Agricultural and Hazard Comments from Relevant Departments/Community and Corporate Partners NA Alternatives As discussed under financial/staffing implications.

4 Community & Development Services Conclusion Page 4 of 4 Report No. CDS-47-7 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

5 C:\Documents and Settings\TVillella\Desktop\ALL MAPS\MAPINFO MAPS\733 APPENDIX "1" TO ADMINISTRATIVE REPORT CDS-47-7 DATED JUNE 11, 27 MICHENER RD NATURE CONSERVANCY OF CANADA PURCHASE OF PORTION OF PHILLIPS PROPERTY 4621 MICHENER ROAD Phillips Property acres Portion to be purchased by Nature Conservancy of Canada 95 acres (approx) Community and Development Services June 11, 27

6 APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-47-7 JUNE 11, 27 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 1 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 open areas of successional wetland communities. WETLAND HABITAT AT THE PHILLIPS PROPERTY; PHOTO BY NCC Provincially and nationally significant species such as Fowler s Toad, Prothonotary Warbler, Hooded Warbler, Flowering Dogwood, and White Wood Aster are all known to be in Point Abino Woods.

7 APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-47-7 JUNE 11, 27 The Phillips Property The Phillips property includes a large forested wetland area, and approximately 3 acres 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 Maple, Black Cherry and Oak. The remaining acreage is retired agricultural lands, presenting a good opportunity for habitat restoration. This property functions as a migratory stop-over site, given its close proximity to Lake Erie 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 the property for hibernacula, or over-wintering grounds. Conservation Action Much publicity followed NCC s past efforts to secure the Marcy s Woods property, located 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 time, NCC continues a dialogue with the owner. The Phillips property is the next best opportunity to acquire a significant tract within Point Abino Woods and establish a conservation presence in this area. This acquisition will hopefully lead to other conservation opportunities with landowners within the Point Abino Woods Natural Area. Status and Threats NCC has negotiated an Agreement of Purchase and Sale to acquire this 1 acre property, subject to funds being committed by 3 June 27. The retired agricultural lands are regenerating naturally and provide an opportunity for wetland 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 current zoning, would likely result in re-instatement of agricultural production on the 6 acres, the harvesting of the old growth and wetland forest. Stewardship Goals Working with the Niagara Peninsula Conservation Authority (NPCA) and other partners, the goal will be to restore natural cover and hydrology of the property to maintain and enhance the current wetland function and species habitat. Title to the property will be held by the Niagara Peninsula Conservation Authority, with NCC assisting and monitoring long term management of the property. Budget Phillips Property Point Abino Natural Area Purchase price (including appraisal, legal fees, survey, staff & related $ XXX,XXX costs) Short-term stewardship costs $ X,XXX Contribution to NCC s Stewardship Endowment Fund $ XX,XXX Total Budget $ XXX,XXX Funds Committed From Public/Private Partners $ XXX,XXX Funds Remaining to Raise by 3 June 27 $ 3,82

8 APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-47-7 JUNE 11, 27

9 APPENDIX 2 TO ADMINISTRATIVE REPORT CDS-47-7 JUNE 11, 27 THE GLOBALLY RARE EASTERN FOX SNAKE HAS BEEN RECORDED ON THE PHILLIPS PROPERTY; PHOTO COURTESY OF BEN PORCHUK. For more information please contact: June 27 The Nature Conservancy of Canada Southwestern Ontario Office James Duncan Program Manager Grosvenor Lodge 117 Western Road London, Ontario N6G 1G5 Toll Free: Telephone: (519) Fax: (519) james.duncan@natureconservancy.ca Development & Communications Office Shreve LaFramenta Development & Communications Officer, Ontario Region Suite 4 11 Eglinton Avenue West Toronto, Ontario M4R 1A3 Toll Free: ext. 235 Telephone: (416) ext. 235 Fax: (416) shreve.laframenta@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.