Nonprofit stuck with nearly $15,000 yearly bill after sidewalk fee kicks in, Denver denies exemption

DENVER — It's been called a "hidden gem," but Bluff Lake Nature Center provides a clear impact to the community.

The wildlife refuge sits just outside of Denver's Central Park neighborhood, spanning 123 acres. It is open to the public 365 days per year, free of charge.

"Bluff Lake is a peaceful respite, a place where you can connect with nature and also really take agency over your relationship with nature," said Rachel Hutchens, the executive director at the nature center.

But now, this little slice of nature is facing serious budget concerns after Denver's sidewalk fee went into effect last year.

The land, which was previously part of the Stapleton Airport, was given to the nonprofit by the City of Denver in 2008. Hutchens said owning the property gives the nonprofit more flexibility and fewer hoops to jump through when making decisions, but it also comes at a cost.

"Owning the property means that all of the fees and upkeep and maintenance related to the site are on our organization," Hutchens said.

Those fees now include a big one, costing the nonprofit $14.685.50 every single year.

Denver's new ordinance requires property owners pay an annual flat fee of $150 per year. Then, depending on the property, an additional impact fee of $3.50 for every foot of frontage over 230 feet along public right-of-way.

By the city's calculations, Bluff Lake Nature Center should owe nearly $15,000 for the annual fee.

But Denver7 Investigates used the city's sidewalk fee look up tool to compare fees for other properties, including houses, churches, commercial buildings — some of which have property values in the tens of millions of dollars. None have a sidewalk fee as high as Bluff Lake Nature Center's.

"When you talk to anyone, it seems really logical why Bluff Lake shouldn't have to pay it," Hutchens said.

The below list shows a handful of sidewalk fees around Denver to show comparisons to the nature center's expected payment, but is not a comprehensive list of the highest fees.

(Above data is courtesy of City & County of Denver Property Record Searches and the Denver Sidewalk Fee Lookup Tool)

"We're such a unique place," Hutchens continued. "There's not a lot of other nonprofits that own such a big piece of land in the city, let alone the state."

That's why Bluff Lake filed an appeal with Denver's Department of Transportation and Infrastructure (DOTI), asking for an exemption to the fee.

"If we are forced to pay this fee annually, it will have a major impact on our ability to provide for the community," Hutchens said during the hearing.

Bluff Lake provides a number of programs to children in Denver including fully-funded field trips for students at low-income schools, homeschooling programs and more than 30 scholarships for children to participate in summer camps.

The hearing officer ultimately denied Bluff Lake's appeal, despite telling Hutchens during the hearing, "The presentation of your case by you was extraordinarily clear."

"Unfortunately, for me and you, there is no provision in the code for me to use to make the case for a nonprofit or charitable organization to receive a reduction or exemption in the sidewalk fees as it is currently written," he continued.

Now, Bluff Lake is in the process of filing a second appeal, hoping to get an exemption.

"Every year we land basically at net zero for the year, which is, as a nonprofit, that's great," Hutchens said. "That means we're accomplishing our mission and we are financially sustainable. ... So, a $15,000 fee would take a huge hit to our budget."

Denver7 Investigates reached out to Council Member Shontel M. Lewis, who represents the district overseeing the nature center, as well as both at-large Denver City Council members but were not able to schedule any interviews by the time this story was published.

In a statement, DOTI says in-part:

Denver7