Nov 18, 2008 - 03:00 PM

By Kristen Calis

PICKERING -- The co-owner of the Pickering Athletic Centre (PAC) can finally get some rest after countless hours of fighting to keep her business alive.

"I'm finally going to crash and sleep tonight," Laurie Large said the day after council said her club can stay open.

At an October meeting, council chose to delay its decision on whether the facility can operate, despite its close proximity to the Duffin Creek Water Pollution Control Plant, in order to further discuss the matter with the plant's co-owners and the regions of Durham and York. The building is located within 150 metres of the plant, which is against ministry of environment guidelines. The location is zoned for industrial uses, but the centre is currently operating and caters to about 600 members.

"I love my gym and coaches," Justine Veillette said. "Please don't close my gym. It's all my life."

The 10-year-old Ajax resident and provincial competitor, who trains nearly 20 hours a week at the gym, was just one of nearly 15 people who spoke to council in support of the PAC remaining open. Council chambers was packed with athletes, parents and coaches.

"The parents believe in exercise and support for their kids," Ms. Large said. "And it's a family. It was very obvious last night."

Staff had suggested in its report that council refuse Dalar Property Limited's (the property owner) request that the property be zoned to include a gymnastics facility, a dance studio, a karate club and a soccer club, since both regions considered changing the land use inappropriate. The proposed uses are considered to be sensitive, staff said, due to the public congregating at the gym. But Ward 2 City Councillor Doug Dickerson disagreed with this assessment, especially considering employees at nearby factories go outside for lunch, and kids and parents using the gym only go outside to get to and from their cars.

"I don't think in my opinion that this is a sensitive land use," he said.

Ward 1 Regional Councillor Bonnie Littley could see why there may be a concern for health and safety since the gym is operating without a permit. In fact, an order to comply has been issued by the City since the building did not receive City approvals. But Nancy Toupin, Justine's mother, said she's certain it's a clean, safe environment.

"I have no concern at all as to my daughter's health or welfare," she said, adding she rejected a recent job transfer so Justine could stay at PAC.

Coun. Dickerson asked the property owner, Dennis Large, why he'd go through with use of the building without proper permits.

"The reason I don't have a building permit is because I don't have the zoning," he said.

Ward 3 Regional Councillor Rick Johnson stressed the Regions have to abide by the guidelines set out by the Province, and mentioned that the area in which the athletic centre is located is the part of Pickering that's designated for adult-use facilities.

But Mr. Large said the only real issue he's heard is it's a sensitive land use, adding when he purchased the property, City staff didn't mention any problems either.

"I thought it was a no-brainer," he said.

It doesn't make sense that the Waterfront Trail runs close to the plant, which is outside and people are still able to use it, said Ward 1 City Councillor Jennifer O'Connell. The gym, on the other hand, is inside.

"I can't quite understand the difference between the two," she said.

Robert Miller, York Region's development lawyer, said the issue is not the use of the facility, and emphasized that York Region has to comply with the ministry's guidelines.

"The question is if this is the appropriate location for this facility," he said. "In our submission it is not."

Ward 2 Regional Councillor Bill McLean felt the word "guideline" meant there should be some flexibility.

"To me a guideline is not etched in stone," he said.

Another concern for York Region, Mr. Miller said, is how costly it could be to rectify possible problems in the future, such as odour issues, once PAC is there legally.

"It could cost the Region millions of dollars," he said.

But councillors voted unanimously in favour of keeping PAC where it is. York Region will probably take the issue to the Ontario Municipal Board, Mr. Miller said, but Ms. Large is ready for the challenge.

"Oh yes," she said when asked if she's prepared to go to the OMB. "We've gone this far."

Now that the property is zoned for commercial recreation, Mr. Large is expected to get the proper permits.