Record #: SO2013-8665   
Type: Ordinance Status: Passed
Intro date: 11/13/2013 Current Controlling Legislative Body: Committee on Zoning, Landmarks and Building Standards
Final action: 2/5/2014
Title: Zoning Reclassification Map No. 5-J at C.M. & St. Paul Railway Co. and N Ridgeway Ave
Sponsors: Maldonado, Roberto
Topic: ZONING RECLASSIFICATIONS - Map No. 5-J
Attachments: 1. O2013-8665.pdf, 2. SO2013-8665.pdf
fa
 
 
 
 
ORDINANCE
 
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
 
 
SECTION 1: That the Chicago Zoning Ordinance be amended by changing the current Institutional Planned Development No. 733 symbols and indications as shown on Map Number 5-J in the area bounded by:
a line 4.20 feet north of the north line ofthe former right-of-way of the CJM. & St. Paul Railway Company as measured along the east line of North Ridgeway Avenue; a line from the last described point traveling northeasterly 67.14 feet to a point 61.48 feet east of the east line of North Ridgeway Avenue and 30.16 feet north ofthe north line ofthe former right-of-way of the CM. & St. Paul Railway Company; a line from the last described point traveling southeasterly 38.70 feet to a point on the north line of the former right-of-way ofthe CM. & St. Paul Railway Company 86.02 feet east of the east line of North Ridgeway Avenue; and North Ridgeway Avenue
to those of a T Transportation District which is hereby established in the area described above.
SECTION 2: That the Chicago Zoning Ordinance be amended by changing the current Institutional Planned Development No. 733 symbols and indications as shown on Map Number S-J in the area bounded by:
West Cortland Street; North Lawndale Avenue; the north line of the former right-of-way ofthe CM. & St. Paul Railway Company to a point 86.02 feet east ofthe east line of North Ridgeway Avenue; a line from the last described point traveling northwesterly 38.70 feet to a point 61.48 feet east of the east line of North Ridgeway Avenue and 30.16 feet north of the north line ofthe former right-of-way of the CM. & St. Paul Railway Company; a line from the last described point traveling southwesterly 67.14 feet to a point on the east line of North Ridgeway Avenue 4.20 feet north of north line ofthe former right-of-way of the CM. & St. Paul Railway Company; and North Ridgeway Avenue
to those of a C3-2 Commercial, Manufacturing and Employment District which is hereby established in the area described above.
SECTION 3: That the Chicago Zoning Ordinance be amended by changing the current C3-2 Commercial, Manufacturing and Employment District symbols and indications as shown on Map Number S-J in the area bounded by:
West Cortland Street; North Lawndale Avenue; the north line of the former right-of-way of the CM. & St. Paul Railway Company to a point 86.02 feet east ofthe east line of North Ridgeway Avenue; a line from the last described point traveling northwesterly 38.70 feet to a point 61.48 feet east of the east line of North Ridgeway Avenue and 30.16
 
FINAL FOR POBtiCATiON
 
 
 
 
feet north of the north line ofthe former right-of-way of the CM. & St. Paul Railway Company; a line from the last described point traveling southwesterly 67.14 feet to a point on the east line of North Ridgeway Avenue 4.20 feet north of north line of the former right-of-way of the CM. & St. Paul Railway Company; and North Ridgeway Avenue
to those of Institutional Planned Development No. 733, as amended, which is hereby established in the area described above subject to such use and bulk regulations as set forth in the Plan of Development.
SECTION 4: This Ordinance shall be in full force and effect upon its passage and approval
 
 
 
 
 
 
 
 
 
Roberto Maldonado
Alderman, 26th Ward
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2
 
 
FINAL FOR PUBLICATION
 
 
 
 
Institutional Planned Development No. 733, as amended (2013)
  1. The area delineated herein as Planned Development Number 733, as amended 2013 ("Planned Development") consists of approximately 151,649 square feet of property which is depicted on the attached Planned Development Boundary and Property Line Map ("Property") and is owned or controlled by The Young Men's Christian Association of Chicago (" Property Owner").
  2. The requirements, obligations and conditions contained within this Planned Development shall be binding upon the Property Owner, its successors and assigns and, if different than the Property Owner, the legal title holders and any ground lessors. All rights granted hereunder to the Property Owner shall inure to the benefit of the Property Owner's successors and assigns and, if different than the Property Owner, the legal title holder and any ground lessors. Furthermore, pursuant to the requirements of Section 17-8-0400 of the Chicago Zoning Ordinance, the Property, at the time of application for amendments, modifications or changes (administrative, legislative or otherwise) to this Planned Development are made, shall be under single ownership or designated control. Single designated control is defined in Section 17-8-0400 of the Zoning Ordinance.
  3. All applicable official reviews, approvals or permits are required to be obtained by the Property Owner or its successors, assignees or grantees. Any dedication or vacation of streets or alleys or grants of easements or any adjustment of the right-of-way shall require a separate submittal to the Department of Transportation on behalf of the Property Owner or its successors, assigns or grantees and approval by the City Council.
 
Any requests for grants of privilege, or any items encroaching on the public way, shall be in compliance with the Plans.
 
Ingress or egress shall be pursuant to the Plans and may be subject to the review and approval of the Departments of Housing and Economic Development and Transportation. Closure of all or any public street or alley during demolition or construction shall be subject to the review and approval ofthe Department of Transportation.
 
AH work proposed in the public way must be designed and constructed in accordance with the Department of Transportation Construction Standards for Work in the Public Way and in compliance with the Municipal Code of the City of Chicago.
  1. This Plan of Development consists of fifteen (15) Statements: a Bulk Regulations Table; an Existing Zoning Map; an Existing Land Use Map; a Planned Development Boundary and Property Line Map; also a Phase II parking Landscape Plan prepared by Charles Vincent George and dated November 1, 2013, and an Updated Parking Concept Plan by Charles Vincent George and dated December 19, 2013; also a Phase I Site Plan, Site Details Plan,
 
Applicant:      Alderman Roberto Maldonado (26th Ward)
Address:      3701 -10 West Cortland Avenue
Date:      October 16, 2013
Plan Commission Date: December 19, 2013
1
 
 
FINAL FOR PUBLICATION
 
Phase I Landscape Plan, Conceptual Phase II Site Plan, and Building Elevations, all as approved on December 15, 1999 by the City Council Full-sized copies of the Site Plan, Landscape Plan and Building Elevations are on file with the Department of Housing and Economic Development. In any instance where a provision of this Planned Development conflicts with the Chicago Building Code, the Building Code shall control. This Planned Development conforms to the intent and purpose of the Zoning Ordinance, and all requirements thereto, and satisfies the established criteria for approval as a Planned Development. In case of a conflict between the terms of this Planned Development Ordinance and the Zoning Ordinance, this Planned Development Ordinance shall control.
  1. The following uses are allowed in the area delineated herein as an Institutional Planned Development: community centers (including ancillary food service, bicycle rental/repair and similar areas providing opportunities for vocational training), recreational buildings, aquatic centers, gymnasiums and day care centers, including playgrounds and athletic fields incidental thereto, accessory parking and other accessory uses, including accessory educational uses.
  2. On-Premise signs and temporary signs, such as construction and. marketing signs, shall be permitted within the Planned Development, subject to the review and approval of the Department of Housing and Economic Development. Off-Premise signs are prohibited within the boundary of the Planned Development.
  3. For purposes of height measurement, the definitions in the Zoning Ordinance shall apply. The height of any building shall also be subject to height limitations, if any, established by the Federal Aviation Administration.
  4. The maximum permitted Floor Area Ratio ("FAR") for the site shall be in accordance with the attached Bulk Regulations Table. For the purposes of FAR calculations and measurements, the definitions in the Zoning Ordinance shall apply. The permitted FAR identified in the Bulk Regulations Table has been determined using a Net Site Area of 151,649 square feet.
  5. Upon review and determination, "Part II Review", pursuant to Section 17-13-0610 of the Zoning Ordinance, a Part II Review Fee shall be assessed by the Department of Housing and Economic Development. The fee, as determined by staff at the time, is final and binding on the Applicant and must be paid to the Department of Revenue prior to the issuance of any Part II approval.
  6. The Site and Landscape Plans shall be in substantial conformance with the Landscape Ordinance and any other corresponding regulations and guidelines. Final landscape plan review and approval will be by the Department of Housing and Economic Development. Any interim reviews associated with site plan review or Part II reviews, are conditional until final Part II approval.
 
Applicant:      Alderman Roberto Maldonado (26th Ward)
Address:      3701-10 West Cortland Avenue
Date:      October 16, 2013
Plan Commission Date: December 19, 2013
2
 
 
hi FOR PUBLICATION
 
 
 
 
11.      Prior to the Part II Approval (per Section 17-13-0610 of the Zoning Ordinance) for
development of the "Phase II" improvements as identified in the Conceptual Phase II Site
Plan, the Property Owner shall submit a site plan, landscape plan and (if relevant) building
elevations for review and approval by the Department of Housing and Economic
Development. Review and approval by the Department of Housing and Economic
Development is intended to assure that specific development components substantially
conform with the Planned Development and to assist the City in monitoring ongoing
development. Site Plan Approval Submittals (per Section 17-13-0800) need only include
that portion of the Property for which approval is being sought by the Property Owner. The
site plan provided shall include all dimensioned and planned street Rights-of-Way.
 
No Part II Approval for any work for which a Site Plan must be submitted shall be granted until Site Plan approval has been granted. Following approval by the Department of Housing and Economic Development, the approved Site Plan Approval Submittals, supporting data and materials shall be made part of the main file and shall be deemed to be an integral part of the Planned Development.
 
After approval of the Site Plan, changes or modifications may be made pursuant to the provisions of Statement 13. In the event of any inconsistency between approved plans and the terms of the Planned Development, the terms of the Planned Development shall govern. Any Site Plan Approval Submittals shall, at a minimum, provide the following information:
  • fully-dimensioned site plan (including a footprint ofthe proposed improvements);
  • fully-dimensioned building elevations (if relevant);
  • fully-dimensioned landscape plan(s); and,
  • statistical information applicable to the subject Planned Development, including floor area, the applicable FAR, uses to be established, building heights and setbacks.
 
Site Plan Approval Submittals shall include all other information necessary to illustrate substantial conformance to the Planned Development.
  1. The Applicant shall comply with Rules and Regulations for the Maintenance of Stockpiles promulgated by the Commissioners of the Departments of Streets and Sanitation, Fleet and Facility Management and Buildings, under Section 13-32-125 of the Municipal Code, or any other provision of that Code.
  2. The terms and conditions of development under this Planned Development ordinance may be modified administratively, pursuant to section 17-13-0611 -A ofthe Zoning Ordinance by the Zoning Administrator upon the application for such a modification by the Property Owner, its successors and assigns and, if different than the Property Owner, the legal title holders and any ground lessors.
 
 
Applicant:      Alderman Roberto Maldonado (26th Ward)
Address:      3701 -10 West Cortland Avenue
Date:      October 16, 2013
Plan Commission Date: December 19, 2013
3
 
 
FINAL FOR PUBLICATION
  1. The Property Owner acknowledges that it is in the public interest to design, construct and maintain the project in a manner which promotes, enables and maximizes universal access throughout the Property. Plans for all buildings and improvements on the Property shall be reviewed and approved by the Mayor's Office for People with Disabilities to ensure compliance with all applicable laws and regulations related to access for persons with disabilities and to promote the highest standard of accessibility.
  2. The Property Owner acknowledges that it is in the public interest to design, construct, renovate and maintain all buildings in a manner that provides healthier indoor environments, reduces operating costs and conserves energy and natural resources. The Property Owner shall use best and reasonable efforts to design, construct and maintain all buildings located within this Planned Development in an energy efficient manner, generally consistent with the most current energy efficiency standards published by the American Society of Heating, Refrigeration and Air Conditioning Engineers ("ASHRAE") and the Illuminating Engineering Society ("IES").
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Applicant:      Alderman Roberto Maldonado (26th Ward)
Address:      3701-10 West Cortland Avenue
Date:      October 16, 2013
Plan Commission Date: December 19, 2013
4
 
i FOR PUBLiCATiON
INSTITUTIONAL PLANNED DEVELOPMENT NO. PUN OF DEVELOPMENT BULK REGULATIONS AND DATA TABLE
 
Net Site Area + Area remaining in public right of way:
151,649 square feet + 46,534.95 square feet
Gross Site Area
198,183.95 square feet Maximum Permitted Floor Area Ratio: 0.75
 
 
Maximum Percent of Land Coverage:        In accordance with the Conceptual Phase II Site
Plan.
 
 
Minimum Number of Parking Spaces:       Phase I: 70
Phase II: 110
Minimum Number of Off-Street Loading Spaces: 1
 
Minimum Building Setbacks:
Maximum Building Height:
 
 
In accordance with the Conceptual Phase II Site Plan
50 feet
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Applicant:      Alderman Roberto Maldonado (26th Ward)
Address:      3701 -10 West Cortland Avenue
Date:      November 13, 2013
Plan Commission Date: December 19, 2013
 
mon
Residential
 
11.
FINAL FOR PUBL
Residential
 
Residential
RS-3-
Residential
 
 
Ml-
Manufacturing
 
 
Ml-l ^
 
a
 
 
n
N
 
 
APPLICANT: ADDRESS: INTRODUCED DATE: PLAN COMMISSION DATE:
Rail/ "606" Trail
rzz
Residential
 
RS-3
Existing Land Use Map Alderman Roberto Maldonado (26th Ward) 3701 - 3725 West Cortland Street November 13, 2013 December 19, 2013
 
 
 
Existing Zoning Map
APPLICANT:      Alderman Roberto Maldonado (26th Ward)
ADDRESS:      3701 - 3725 West Cortland Street
INTRODUCED DATE:      November 13, 2013
PLAN COMMISSION DATE:    December 19, 2013
 
lALFOR-PUBUCATSON
 
33'
33'
 
 
ro £0
 
300' 267'
W. Cortland Street
 
 
ro 22
 
 
 
Planned Development Boundary
 
 
Property Line
 
ro
 
qj rs c
> <
ro
<£ oj go
 
 
 
 
 
 
 
CM O
in
 
 
 
 
 
 
 
 
cn
ID
LT)
 
 
 
 
 
 
 
 
U3 O
OJ rz
OJ
>
<
_0J
ro T3
 
ro
 
 
N
 
33'
 
 
 
 
 
 
 
 
 
 
 
 
33'
-      ♦ 181'
 
Railroad/"606" Trail
 
Planned Development Boundary and Property Line Map
APPLICANT:      Alderman Roberto Maldonado (26th Ward)
ADDRESS:      3701 - 3725 West Cortland Street
INTRODUCED DATE:      November 13, 2013
PLAN COMMISSION DATE:    December 19, 2013
 
 
 
 
 
 
 
 
 
 
 
 
 
 
fINAL-FORPUBUCATlON
 
1 i
J
 
 
 
 
FINAL FOR PUBL4GAT 10 N
 
I!
US
 
<8
0
oi
is
•fO
i<
2 o
 
 
 
!
 
 
 
 
 
Q UJ
z
Ul UJ
$5
0(0 £>-,
 
 
58;
Sis
D- Ul
O tn fcd
pi
o< o x
mm
fliili
lU!
HIP
: !
j:m "mm
iii!
! : ! :
• •
mmmn
MM
 
 
 
•smt !p
 
■■i'i'V'Ai;'!':'i!i^ff
j j
am
2! il
 
 
Department of Housing and Economic Development
city of chicago
 
 
 
MEMORANDUM
 
 
TO:      Alderman Daniel S. Solis
Chairman, City Council Committee on Zoning
 
FROM:       p*n
Andrew Mooney J Secretary
Chicago Plan Commission DATE:        December 20, 2013
RE: Proposed Technical Amendment to Institutional Planned Development No. 733 for the property generally located at 1800-1856 North Lawndale Avenue, 3701-3725 West Cortland Street and 1801-1857 North Ridgeway Avenue.
 
 
On December 19, 2013, the Chicago Plan Commission recommended approval ofthe proposed amendment submitted by Alderman Roberto Maldonado. A copy ofthe proposed amendment is attached. I would very much appreciate your assistance in having this introduced at the next possible City Council Committee on Zoning hearing.
 
Also enclosed is a copy of the staff report to the Plan Commission which includes the Department of Housing and Economic Development recommendation and a copy of the Resolution. If you have any questions in this regard, please do not hesitate to contact me at 744-5777.
 
 
 
cc:    Steve Valenziano
PD Master File (Original PD, copy of memo)
 
 
 
 
 
 
 
121 NORTH LASALLE STREET, ROOM 1000, CHICAGO, ILLINOIS 60602
 
\
12/17/2013
 
 
 
 
 
 
1
 
 
12/16/2013
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2
 
 
Final
 
 
REPORT to the
CHICAGO PLAN COMMISSION from the
DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT
 
DECEMBER 19, 2013
 
 
FOR APPROVAL:      PROPOSED AMENDMENT TO INSTITUTIONAL PLANNED
DEVELOPMENT No. 733
APPLICANT:      ALDERMAN ROBERTO MALDONADO (26TH WARD)
LOCATION:      3701 - 3725 WEST CORTLAND STREET;
  1. -1856 NORTH LAWNDALE AVENUE; and
  2. -1857 NORTH RIDGEWAY AVENUE; CHICAGO, ILLINOIS
 
Pursuant to the provisions ofthe Chicago Zoning Ordinance, Title 17 ofthe Municipal Code of Chicago, the Department Housing and Economic Development hereby submits this report and recommendation on a proposed amendment to Institutional Planned Development No. 733 for your review and recommendation to the Chicago City Council. The application for this amendment to the Chicago Zoning Ordinance was introduced into the City Council on November 21, 2013. Notice of the public hearing was published in the Chicago Sun-Times on December 4, 2013. The applicant was separately notified of this public hearing.
 
The application proposes to amend Institutional Planned Development No. 733, located in the Logan Square Community on the City's Northwest Side, to amend the Planned Development to remove an approximately 0.03-acre property from the Planned Development, redraw the Planned Development boundaries and revise the Bulk Regulations and Data Table to reduce the net site area. The application proposes to change the zoning on the site to C3-2 Commercial, Manufacturing and Employment District prior to re-establishing the planned development.
 
 
BACKGROUND
Institutional Planned Development No. 733 was approved by the Chicago City Council December 15, 1999. The approximately 3.52-acre site is bounded by West Cortland Street on the north, North Lawndale Avenue on the east, North Ridgeway Avenue on the west, and the elevated embankment of the former Chicago, Milwaukee, St. Paul and Pacific Railroad (West Bloomingdale Avenue) on the south.
Page 1 of 3
 
 
SITE AND AREA DESCRIPTION
The site of Institutional Planned Development contains the facilities ofthe McCormick Tribune YMCA, including children's playground, athletic fields, and surface parking lots. The two-story YMCA building contains approximately 44,700 square feet of floor area and is generally located in the center ofthe site, fronting on N. Lawndale Avenue. Approximately 74 parking spaces are located in several lots, also fronting on N. Lawndale Avenue. The 1999 Planned Development made provisions for a future Phase II which could contain an aquatic center, a family sports facility, and expanded parking.
 
The area surrounding the site contains a mix of uses. The areas to the north and east of the site are largely residential in nature and are mostly RS3 Residential Single-Unit (Detached House) District. The areas immediately to the west of the site are manufacturing. The southern boundary of the site is an abandoned elevated railroad structure that is being converted to a landscaped public trail, the "606". The site south of the elevated trail is also industrial, but beyond that, the area is residential.
 
The site is indirectly served by the CTA's #72 (North), #73 (Armitage), and #82 (Kimball/Homan) bus lines, each about two blocks away. The nearest CTA rapid transit station is the California station on the O'Hare Branch ofthe Blue Line, 1.5 miles away via the #73 (Armitage), then the #52 (Kedzie/California) bus lines.
 
PROJECT DESCRIPTION
The application proposes to amend Institutional Planned Development No. 733 to remove the approximately 1,417 square-foot (0.03-acre) triangular parcel at the south end ofthe site where it attaches to the raised embankment. This parcel is at the raised elevation of the embankment and is surrounded by a concrete retaining wall. The parcel would be added to the public trail as a look-out.
 
As a result of removing this parcel, the Planned Development's overall net site area would drop to 151,649 square feet (3.48 acres). In order to complement and support the anticipated activities ofthe planned landscaped public trail, the "606", the permitted uses would be expanded to include ancillary food service, bicycle rental and repair, and areas for vocational training. The application also memorializes a 46-space addition to the parking lot, previously approved by Site Plan Approval on November 20, 2013. No other changes are contemplated by this amendment.
 
RECOMMENDATION
The Department of Housing and Economic Development has reviewed the project materials submitted with the application and has concluded that the proposed amendment to Institutional Planned Development No. 733 would be appropriate for the site for the following reasons:
 
1)     The project meets the criteria and objectives set forth in Section 17-13-0900 of the Zoning Ordinance and its adoption would not have any adverse impact on the public's health, safety, or welfare.
Page 2 of 3
 
 
The maximum Floor Area Ratio (FAR) of 0.75 is unchanged;
 
The added uses are accessory to the main community center use.
 
2)     The proposed amended development is compatible with the character of the surrounding area in terms of uses, density and building scale.
 
The existing YMCA building would remain, as would the YMCA's ability to add facilities, such as an aquatic center. Potential provision of food service, bicycle rental/repair, and associated vocational training would support and take advantage ofthe adjacent public trail.
 
Based on the foregoing, it is the recommendation of the Department of Housing and Economic Development that the revised application for an amended Institutional Planned Development be approved and that the recommendation to the City Council Committee on Zoning, Landmarks and Building Standards be: "As Revised, Passage Recommended."
 
Department of Housing and Economic Development
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Page 3 of 3
 
 
Department of Housing and Economic Development
city of chicago
 
 
 
 
INSTITUTIONAL PLANNED DEVELOPMENT No. 733 (3701 - 3725 WEST CORTLAND STREET; 1800 - 1856 NORTH LAWNDALE AVENUE; and 1801 -1857 NORTH RIDGEWAY AVENUE)
 
 
RESOLUTION
 
WHEREAS, Alderman Roberto Maldonado (26th Ward) has introduced an ordinance to amend Institutional Planned Development No. 733, located in the Logan Square Community Area; and
 
WHEREAS, the application proposes to redraw the boundaries of the Planned
Development, reduce the Net Site Area to 151,649 square feet (3.48 acres) and add several accessory uses; and
 
WHEREAS, an application for Planned Development amendment approval was introduced into the City Council on November 21, 2013; and
 
WHEREAS, notice of the public hearing to consider the application was published in the Chicago Sun-Times on December 4, 2013; the applicant was notified of the hearing; and the proposed Planned Development application was considered at a public hearing by this Plan Commission on December 19, 2013; and
 
WHEREAS, this Plan Commission has reviewed the application with respect to the Planned Development provisions of the Chicago Zoning Ordinance and finds that the proposal would be consistent with that ordinance; and
 
WHEREAS, the Department of Housing and Economic Development recommended approval ofthe application, which recommendation and the reasons therefore are contained in the Department's written report dated December 19, 2013, a copy of which is attached hereto and made a part hereof; and
 
 
 
 
 
 
 
121 NORTH LASALLE STREET, ROOM 1000, CHICAGO, ILLINOIS 60602
 
WHEREAS, the Chicago Plan Commission has fully reviewed the application and all.
information submissions associated therewith, the report and recommendation of the Department of Housing and Economic Development, and all other testimony presented at the public hearing held on December 19, 2013, giving due consideration to the Planned Development Standards and Guidelines contained in the Chicago Zoning Ordinance;
 
NOW, THEREFORE, BE IT RESOLVED BY THE CHICAGO PLAN COMMISSION:
 
THAT this Plan Commission recommend approval ofthe attached amended Planned Development Ordinance to the City Council Committee on Zoning, Landmarks and Building Standards and forward the Report of the Department of Housing and Economic Development, dated December 19, 2013, as the findings of this Plan Commission regarding same.
 
 
Approved: December 19, 2013
 
IPD No. 733, as amended