REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS

REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS APPLICATION NUMBER APPLICATION (PROJECT) NAME APPLICANT NAME PROPERTY OWNER NAMES PDP15-0009 HOLLYWOOD CASINO UPS AMENDMENT St. Louis Gaming Ventures d/b/a Hollywood Casino St. Louis 777 Casino Center Drive St. Louis Gaming Ventures d/b/a Hollywood Casino St. Louis 777 Casino Center Drive APPLICANT S REQUEST Amendment to Planned District Ordinance 2006-2801 (as amended) to allow the storage and staging of tractor trailers in a portion of the casino s parking lot SITE LOCATION STREET ADDRESS ZONING DISTRICT TOTAL SITE AREA PLANNING AREA Casino Center Drive at Maryland Heights Expressway 777 Casino Center Drive PD-M Planned District Manufacturing 259 acres MARYLAND PARK LAKE DISTRICT PUBLIC HEARING December 8, 2015 REPORT ISSUED July 21, 2016 CASE MANAGER RECOMMENDATION Michael Zeek, AICP CONSIDERATION OF DRAFT ORDINANCE

REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS BACKGROUND The Harrah s Planned District was first established in 1995 via the adoption of Ordinance 95-974. Since then, the ordinance has been amended ten times. The current governing Ordinance is 2006-2801, as amended by Ordinance 2011-3943, 2012-3635, and 2012-3658. Ordinance 2011-3943 permitted agricultural uses in a portion of the Planning District and established a timeframe for the installation of landscaping improvements along Casino Center Drive. Those landscaping improvements have been completed. Ordinance 2012-3635 removed an 11-acre tract from the Planned District which was acquired by the Howard Bend Levee District for flood control purposes. Ordinance 2012-3658 modified the sign provisions to allow Hollywood Casino branding in place of Harrah s. CURRENT REQUEST St. Louis Gaming Ventures d/b/a Hollywood Casino St. Louis wishes to allow UPS to use a portion of the parking lot for delivery truck transport and storage from September to early January on an annual basis. The southeastern parking lot would be used for temporary storage and staging of UPS tractor trailers. The peak number of arrivals and departures would be 174 per day. A temporary office trailer would also be established during the lease period. See the applicant s submittal (included in the appendix) for additional information. ANALYSIS AND DRAFT ORDINANCE APPROACH The storage and staging of tractor trailers is not a related accessory use to the casino. Therefore, an amendment to the governing ordinance to add this activity as a permitted use (with limitations) is required. The southeastern parking lot is seldom (if ever) utilized by casino patrons. The proposal would put this area to use on a temporary annual basis with no disruption of typical casino activities. UPS and Hollywood Casino will coordinate their efforts so that no adverse impact on traffic flow or conflicts between vehicles and trucks results. Casino Center Drive is a private street so no impact on public streets will result. Staff has prepared a draft ordinance for the Planning Commission s consideration which would permit the arrangement, as proposed, on a temporary annual basis from September to January. A circulation plan would be required to minimize potential conflicts between automobiles and semi-trucks and any damage to the parking lot or other site improvements must be repaired in accordance with the Property Maintenance Code. A permit and inspection would also be required for any temporary office trailer. The draft ordinance would repeal the current governing ordinances and establish a new Planned District Ordinance. This would clean up provisions which no longer apply, clarify the regulations governing the operation, and establish the more appropriate MXD Mixed-Use District zoning classification in lieu of the current PDM Planned District Manufacturing designation. HOLLYWOOD CASINO UPS AMENDMENT July 21, 2016 PAGE 3

REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS FINDINGS AND RECOMMENDATION CONSISTENCY WITH COMPREHENSIVE PLAN 1. The City Planner finds that the project is not inconsistent with the goals of the Comprehensive Plan because potential adverse impacts will be mitigated by the temporary nature of the use and the proper operational planning and controls. IMPACT ON NEIGHBORHOOD CHARACTER 2. The City Planner finds that the request will not have a substantial adverse impact on the character of this development. SITE DESIGN 3. The City Planner finds that the site design and operation can be managed to minimize potential conflicts between automobiles and semi-trucks RECOMMENDATION The City Planner requests Planning Commission consideration of the attached draft ordinance to amend the ordinances as proposed. More specifically, the draft ordinance would repeal the current ordinances governing the property and enact a new Planned District Ordinance in lieu thereof. Michael Zeek, AICP City Planner PAGE 4 APPLICATION FOR PD AMENDMENT #PDP15-0009 July 21, 2016

REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS APPENDIX SUPPLEMENTAL MAPS AND EXHIBITS HOLLYWOOD CASINO UPS AMENDMENT July 21, 2016 PAGE 5

REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS EXHIBIT A: APPLICANT S SITE PLAN PAGE 6 APPLICATION FOR PD AMENDMENT #PDP15-0009 July 21, 2016

REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS EXHIBIT B: APPLICANT S NARRATIVE HOLLYWOOD CASINO UPS AMENDMENT July 21, 2016 PAGE 7

REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS EXHIBIT B: APPLICANT S NARRATIVE (CONT.) PAGE 8 APPLICATION FOR PD AMENDMENT #PDP15-0009 July 21, 2016

REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS EXHIBIT B: APPLICANT S NARRATIVE (CONT.) HOLLYWOOD CASINO UPS AMENDMENT July 21, 2016 PAGE 9

REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS EXHIBIT B: APPLICANT S NARRATIVE (CONT.) PAGE 10 APPLICATION FOR PD AMENDMENT #PDP15-0009 July 21, 2016

REPORT TO PLANNING & ZONING COMMISSION - CITY OF MARYLAND HEIGHTS EXHIBIT C: APPLICANT S SUPPLEMENTAL NARRATIVE HOLLYWOOD CASINO UPS AMENDMENT July 21, 2016 PAGE 11

Recommendation of Planning Commission BILL NO. ORDINANCE NO. 2016-DRAFT AN ORDINANCE REPEALING ORDINANCES 2006-2801, 2011-3493, 2012-3635, AND 2012-3658 AND ENACTING A NEW MIXED-USE DISTRICT ORDINANCE IN LIEU THEROF TO PERMIT OUTDOOR STORAGE OF TRACTOR TRAILERS ON A TEMPORARY ANNUAL BASIS AT HOLLYWOOD CASINO (Petition of St. Louis Gaming Ventures, LLC [d/b/a Hollywood Casino St. Louis]) WHEREAS, the site is governed by Ordinance 2006-2801 as amended by numerous ordinances; and WHEREAS, the applicant has requested an amendment to Ordinance 2006-2801 to permit outdoor storage of tractor trailers on a temporary annual basis; and WHEREAS, Public Hearings were held on December 8, 2015 and February 23, 2016 before the Planning and Zoning Commission regarding the proposed amendment to Ordinance 2006-2801; and WHEREAS, the Planning Commission has found that the proposed amendment to Ordinance 2006-2801 will not result in substantial adverse impacts on the District or surrounding properties; and WHEREAS, the City Council has reviewed the recommendation of the Commission and has determined that the proposed ordinance is in the best interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARYLAND HEIGHTS, MISSOURI, AS FOLLOWS: Section 1: Ordinances 2006-2801, 2011-3493, 2012-3635, and 2012-3658 are hereby repealed. Section 2: The zoning of real estate in the for approximately 259.24 acres of land located west of the Riverport Levee adjacent to the Missouri River, as more specifically described in Exhibit A, herein after the District, is zoned MXD Mixed Use District "PDM" Planned Development District on condition that said development is carried out in accordance with the Concept Plan described in Section 3 of this Ordinance. The legal description of the Planned Development District is set forth in Exhibit A attached hereto and incorporated herein. This zoning shall be recorded on the official zoning map of the City. Section 3: The zoning change described in Section 2 is subject to all applicable City Ordinances, and the conditions that follow: I. TERMS AND DEFINITIONS A. The Planned Development District shall be comprised of separate Planning Areas as depicted on the Concept Plan. B. Developer shall refer to the owner(s) of the Planning Area affected by or responsible for the improvement or construction of a project or site improvement within the Planned Development District. C. Planning Areas are subdistricts within the Planned Development District that are subject to specific use limitations, site improvement criteria and/or design standards as set forth herein. Page 1 of 21

D. Excursion Gambling Boat shall be described as a boat, vessel, ferry, or other floating facility built or originally built as a boat, ferry or barge licensed by the Missouri Gaming Commission on which gambling games are allowed. E. Expressway is also known as Missouri Route 141 includes the existing Earth City Expressway. II. PERMITTED, CONDITIONAL AND ACCESSORY USES A. Permitted (P), Conditional (C), and Accessory (A) Uses shall be those set forth in the Use Matrix marked Exhibit B, attached hereto and incorporated herein. B. Approval of Conditional Uses shall be in accordance with the procedures set forth in Article 5, Conditional Use Permits, 11 of the Zoning Code. C. Accessory Uses, as set forth in the Use Matrix, are permitted with the condition that the use is either located within or functionally integrated with the principal use, at a minimum with direct pedestrian access and connective architectural themes to the building or structure containing the approved principal use. Integration of accessory uses shall require, at a minimum, direct pedestrian access and connective architectural themes. III. CONCEPT PLAN The Concept Plan may be amended for future development in accordance with Section 25-6.10.E, Amendments, of the Zoning Code. Within sixty (60) days of the date of approval of the Planned Development Manufacturing Ordinance by the City Council, and prior to issuance of any building permit, the petitioner shall submit to the City Planner for review and approval a Concept Plan in accordance with Article IV of this Planned Development Ordinance. Where due cause is shown by the petitioner, the time interval may be extended by the City Planner. IV. CONCEPT PLAN SUBMITTAL REQUIREMENTS Amendments to the Concept Plan shall include the following information: A. Boundary Plat and legal description of the Planned Development District with a land surveyor s seal B. The location of all existing structures and improvements, including signs, light standards, and accessory structures. C. Existing land contours at vertical intervals of not more than two (2) feet, referenced to sea level datum. D. Location of all flood plain and wetland areas within the Planned Development District. E. The Planning Areas and the existing uses contained therein. F. All required structure and parking setbacks. G. Approximate location of existing internal roadways and drainage ways, pumping stations or gravity outlet locations, major utility and roadway easements and levees. Page 2 of 21

H. A Conceptual Drainage Plan, as previously approved by the City, showing the approximate location of the designated floodway, existing levees, relocation or penetration of existing levees, internal drainage ways, existing detention and flood control basins, and major roadway culverts. I. Approximate location of all existing internal roadways within the Planned Development District. J. Approximate location of all existing access drives and proposed access points to each Planning Area. K. Approximate location of existing sanitary and storm sewers, detention/retention facilities and other major stormwater improvements. L. Location of all levees, internal drainage ways, pumping stations or gravity outlet locations and major roadway culverts. For areas protected by levees designated Zone X on the FEMA flood insurance rate maps, the plan shall indicate the proposed maximum 100 year internal ponding elevation, minimum finished floor elevation, minimum finished grade for parking areas and roadways and the designated protection level from external flooding. M. Location of existing sources of potable water. N. Location of all existing identification and informational signage, either freestanding or wallmounted, including sign height, area, and type. O. Location and height of all existing lighting standards along Casino Center Drive and within Planning Area #1. V. SITE PLAN SUBMITTAL REQUIREMENTS A. The Planned Development District may be constructed in phases, but each phase must be integral to and consistent with the established theme of the overall District. B. The Developer of each Planning Area shall submit Site Improvement Plans for each project or site to be constructed to the City Planner Planning Commission for their review and approval in accordance with the criteria set forth within this ordinance. C. Site plan review shall be in accordance with Article 4, Site Plan Review, Section 25-10 of the Zoning Code. D. All site plans shall illustrate compliance to the development requirements as set forth herein. VI. CONDITIONS RELATED TO DEVELOPMENT INTENSITY A. The maximum development intensity for the Planned Development District shall be established by the number of PM peak traffic trips at the intersection of Casino Center Drive and The City of Maryland Heights Expressway. B. The maximum number of PM peak hour trips available to the Planned Development District upon the completion of the improvements of the Expressway is 3,410 vehicles per hour (vph) at the PM peak hour. Upon adoption of this ordinance, the existing development, Page 3 of 21

currently known as Hollywood Harrah s Casino Hotel, is assigned 710 PM peak hour trips of the total maximum PM peak hour trips available to the Planned Development District. C. Each development proposal shall include a traffic analysis by a registered engineer demonstrating compliance with the PM peak hour capacity for the Planned Development District. D. The determination of PM peak hour traffic trips shall be based on the Trip Generation Rates and Equations stated in Exhibit C. E. PM peak hour trips may be adjusted by the common trip multipliers as follows: 1. If an additional use is proposed in Planning Area #1, the trip generation for that additional use may be reduced by eighty (80%) percent. 2. If the proposed use is in Planning Area #2, the following common trip reduction may apply: a. Restaurants/Drinking Establishments 50% b. Retail Uses 10% c. Recreation/Entertainment Uses 10% 3. If the proposed use is in Planning Area #3, the trip generation for that use may be reduced by ten (10%) percent. 4. No common trip reduction shall be applied to any office or business service center use. F. In the event of a disagreement between any Developer and the City Planner as to whether a proposed development meets the criteria or conditions set forth in this Article, such disagreement shall be submitted to the Planning and Zoning Commission for recommendation to the City Council, which shall make the decision on such disagreement, provided the Developer shall have the right to appeal such decision pursuant to Article 9, Variances, 13 of the City of Maryland Heights Zoning Code and to pursue any other available legal or equitable remedy. VII. SPECIFIC DEVELOPMENT REQUIREMENTS A. Hotel - The development of a new hotel or the expansion of the existing casino hotel in Planning Area #1 shall include not less than two hundred (200) rooms in the first phase. The maximum number of rooms shall be limited by the performance standards contained within the district regulations. B. Building Height Requirements - No building shall exceed a height of two-hundred (200) feet above finished grade, except for the casino hotel in Planning Area 1, which may be up to 330 feet above finished grade. C. Structure Setbacks 1. No structure other than permitted business, directional, or informational signs and light standards, shall be located within 50 feet from the rights-of-way of Casino Center Drive or the Expressway. Page 4 of 21

2. No structure other than permitted business, directional, or informational signs and light standards shall be located within 30 feet of the perimeter of the District Planned Development. 3. The limit of Casino Center Drive for the determination of setback requirements shall be the first traffic circle or intersection in Planning Area #1 as depicted on the Concept Plan. D. Parking Setbacks 1. No parking stall or internal drive, excluding points of ingress and egress, shall be located within five (5) feet of any delineated wetlands, ponds, water features, retention/detention basins or any surface stormwater water conveyance system, or within five (5) feet of any internal roadways. 2. No parking stall or internal drive, excluding points of ingress and egress, shall be located within 25 feet of Casino Center Drive E. Parking and Loading Requirements 1. Parking spaces and loading areas shall be provided in accordance with the provisions of Article 14, Parking and Loading Regulations, Section 25-7, Off-Street Parking and Loading Requirements, of the Zoning Code, except that Excursion Gambling Boats and their accessory uses shall provide one and one-half (1.5) spaces for every two (2) patrons, based on a maximum occupancy of 6,800 patrons, plus one (1) space per employee on the maximum shift. The existing number, size and configuration of parking stalls as shown on the Concept Plan satisfies the parking demand for the casino hotel as of the adoption of this ordinance. 2. Not less than ten (10) full-size bus spaces shall be provided. 3. If parking studies reflect that the parking demand for the total development of a Planning Area, at peak usage, is materially less than the total parking demand required for each individual site in that Planning Area, then the Developer may request consideration of a shared parking plan, to accommodate actual parking required for the total development of the Planning Area. The shared parking plan is subject to the review and approval of the Planning and Zoning Commission. F. Lighting Requirements 1. Parking lot lighting in all Planning Areas shall be designed to provide the minimum lighting necessary to ensure adequate vision and comfort in parking areas, and to not cause glare or direct illumination onto adjacent properties or public/private rights-of-way. 2. General levels of illumination along all internal streets shall be consistent with guidelines published by the Illuminating Engineering Society of North America (IESNA), provided that the average illumination level may not exceed that specified in those guidelines by more than 0.2 foot-candles. 3. Lighting Fixture Heights Page 5 of 21

a. Lighting fixtures within outdoor plazas in all Planning Areas shall be either lowlevel fixtures (15 ft. maximum) and/or a combination of bollards and uplighting that create a human scale environment. b. Lighting fixtures along all internal streets shall not exceed 45 feet in height. c. Lighting fixtures within parking areas shall not exceed the following height limitations: i. Planning Area #1-45 feet. ii. Planning Area #2 30 feet. iii. Planning Area #3 20 feet. 4. No on-site illumination source shall be so situated that light is cast directly onto the City of Maryland Heights Expressway. G. Sign Requirements 1. All signs shall be erected in accordance with Article 15, Sign Regulations, Section 25-15.8, Commercial and Industrial Signage regulations, of the Zoning Code except as follows: a. An identification sign for the Planned Development District in the form of an archway over Casino Center Drive at the entry to Casino Center Drive ( Archway Sign ) where it intersects Expressway shall be permitted, subject to the following criteria: i. The Archway Sign shall not exceed thirty-seven (37) feet in height as measured from the centerline grade of Casino Center Drive. ii. iii. The Archway Sign shall not exceed 2,440 square feet in surface area on a single side, including structure and copy. The Archway Sign may include the following sign faces/types, limited by sign area: (a) (b) (c) District Identification Sign - 375 Square Feet. Four (4) Information Signs (Fixed Copy) 500 S.F. Incidental Sign ("Thank You for Visiting, Drive Safely" or similar copy) - 160 square feet iv. The Archway Sign shall not include any flashing lights or attention getting devices except the changeable copy signs and district identification sign. The district identification sign shall be illuminated or designed consistent with the attached identification logo sign at the casino hotel, subject to the review and approval of the City Planner. v. The Archway Sign shall not encroach on the public right-of-way of the Expressway. No setback is required for this Page 6 of 21

sign; the final location shall be subject to the review and approval of the City Engineer. vi. The setback, separation and clearance for the archway across Casino Center Drive shall be designed to accommodate the safe flow of traffic under the structure. A letter from a traffic and/or structural engineer shall be provided to the City Engineer indicating that all applicable safety standards are met. b. Information, directional and incidental signs in Planning Area #1 (Hotel and Casino) are subject to the review and approval of the City Planner. The following criteria shall be considered by the City Planner to determine the appropriate design, location and size of the sign necessary to meet the functional and operational needs of the casino hotel. i. The sign shall be designed as an architectural feature consistent with the architectural style and materials of the casino hotel. ii. iii. iv. Wall signs that identify use and venues within the casino hotel shall be oriented to sight lines of the patron, either walking or driving, at a building height typically associated with a streetscape. The support structure for freestanding signs, lettering, logo or graphics shall be integrated to create a singular visual element. The primary purpose of the sign shall be to clearly identify the uses or functions within the Planning Area #1. v. Sign lettering and/or logo shall be proportional to the overall sign structure. vi. vii. viii. ix. The area surrounding a freestanding sign shall be landscaped in a manner that compliments and enhances the sign. Sign area of freestanding information signs shall be determined by an analysis of the travel speed of the adjacent roadways and/or driveways, number of lanes, sight distance and surrounding conditions. The location of the sign face and structural support of a freestanding sign shall be determined by an analysis of the required sight lines from the right-of-way or driveway to create a clearly visible sign within Planning Area #1. In the event of a disagreement between any Applicant and the City Planner as to whether a proposed sign meets the criteria or conditions set forth in this Article, such disagreement shall be submitted to the Planning and Zoning Commission for recommendation to the City Council, which shall make the decision on such disagreement, provided the Applicant shall have the right to appeal such decision pursuant to Page 7 of 21

Article 9, Variances, 13 of the Zoning Code and to pursue any other available legal or equitable remedy. c. Project identification sign(s) in Planning Area #2 shall be permitted subject to the following criteria: i. The primary purpose of the sign shall be the identification of the development within the Planning Area. ii. iii. iv. The signs shall be located at the entrance road from Casino Center Drive to the new development and may not exceed seventy-five (75) square feet, including structure and copy. The sign height shall not exceed ten (10) feet as measured from finished grade. The architectural style, including materials and copy, shall be consistent with the overall theme of the District. d. Informational signs along Casino Center Drive shall be permitted subject to the following criteria: i. No more than five (5) informational signs shall be permitted. ii. iii. iv. The primary purpose of the signs are for marketing and advertising messages related to the gaming and entertainment activities in Planning Area #1. All informational signs shall be internally illuminated. Four (4) identification signs may be located on the west side of Casino Center Drive. A fifth sign may be located on the east side of Casino Center Drive approximately five-hundred (500) feet from the Archway Sign, but it shall be removed if during the review of future development the Planning and Zoning Commission finds it is visually incompatible with that development. v. Identification signs shall have a minimum separation of 1000 linear feet as measured along Casino Center Drive. vi. vii. viii. The sign area shall not exceed one hundred fifty (150) square feet, including structure and copy. The sign height shall not exceed twelve (12) feet as measured from finished grade. Changing the sign face or copy will not require a building permit for each occurrence other than the permit issued for the initial construction. Each sign shall be inspected annually to ensure the structure is in compliance with the applicable codes and ordinances. Page 8 of 21

e. Signs for special uses, including but not limited to sports arenas, entertainment uses, etc., shall be subject to the review and approval of the Planning and Zoning Commission. f. Wall Signs (Office Buildings) i. In any Planning Area, on buildings of three (3) stories or more, multiple wall signs are permitted. ii. Total wall sign area for each building shall not exceed two (2%) percent of the surface area of all sides of the building façade. iii. iv. No single wall sign shall exceed five (5%) percent of the surface area of the building façade upon which it is placed. Wall signs shall be designed as an integral component of the architectural elevation. g. Wall mounted Banners and special inflated devices shall be allowed in conjunction with events within the Planned Development District in accordance with Section 25-15.16, Temporary Banners and Inflatables, 25-15.9.B, (Special Displays and Temporary Signs) of the Zoning Code. All such banners and devices which are located within three hundred (300) feet of any public rightsof-way or which are not placed at grade shall be subject to the permit requirements of said section of the Zoning Code. 2. The size, location, number and design of all signs within Planning Area #3 shall be subject to the approval of the Planning and Zoning Commission. 3. Decorative banners and iconic devices may be affixed to light standards within the District along Casino Center Drive so long as said banners and devices do not advertise a specific product. Said banners and devices shall be in conformance with the graphic theme of the District and shall be subject to the review and approval of the City Planner. 4. No other outdoor advertising signs shall be permitted. 5. No freestanding pole signs shall be permitted, except as specifically approved herein. 6. An inventory of existing directional, informational, or identification signs that will remain in use shall be submitted to the City Planner within sixty (60) days of the adoption of this ordinance. VIII. SITE DESIGN STANDARDS A. Each building should include as part of its Landscape Plan a plaza or architectural feature that will function as an aesthetic focal point for that building. Acceptable design elements shall include, but not be limited to, plazas, sculptures or architectural forms, fountains or other water features. B. The development design, including the arrangement and placement of building and site amenities, shall create human scale and be pedestrian oriented. Page 9 of 21

C. Open stormwater drainage channels and detention basins visible from Casino Center Drive, or the Expressway shall be integrated into the landscape plan for the development, present a well-groomed appearance, and may serve as a visual amenity or focal point. D. General Building Appearance 1. Buildings should be designed in a manner that enhances the visual character of the Planned Development District. 2. Consistent architectural design, including building materials, textures and colors should be carried throughout each Planning Area. Designs should provide visual interest and variety. 3. All sides of a building should be equally attractive. Architectural details such as texture, pattern, color, and building form used on the front façade should be incorporated on all visible facades. However, such requirements shall not apply to any façade(s) facing service courts or other areas generally not visible from Casino Center Drive or City of Maryland Heights Expressway. 4. Building massing should be varied: a. to create a logical hierarchy of building forms; b. to break up long masses of façade; c. to create shadow and shade; and d. to create human scale. 5. Architectural fenestration shall be added to a building façade at a minimum of two hundred (200) feet intervals to provide vertical and horizontal relief. 6. Principal building entrances shall incorporate architectural features that provide visual relief on the façade and articulate a sense of entry. 7. Service and mechanical areas shall be designed as an architectural feature of the building and screened from view as set forth in this Article. 8. Individual corporate image architectural design elements and colors shall be incorporated only as secondary elements to the development and not as the dominant element. Such elements should be consistent and blend within the overall Planning Area. E. Interpretation and Appeal These design guidelines shall be applied and interpreted by the City Planner during the site plan and building review process. Where there is disagreement as to their meaning and application, either the City Planner or any Developer(s) may bring the matter under dispute to the Planning and Zoning Commission, who shall make the interpretation, provided the Developer(s) shall have the right to appeal such decision pursuant to Article 9, Variances, 13 of the Zoning Code and to pursue any other available legal or equitable remedy. F. Casino Hotel Expansion (Planning Area #1) Any new casino hotel or expansion of the existing casino hotel shall adhere to the following requirements: Page 10 of 21

1. The hotel shall be designed to complement the existing structures. 2. The hotel structure shall be poured-in-place concrete. 3. The exterior skin of the hotel will be an EIFS System with a limited amount of glass curtain wall, serving as a design element. 4. Color selections for the hotel shall be muted providing a subtle counterpoint to the existing Casino Center. G. Public Open Space and Outdoor Plazas 1. Planning Area #2 a. A minimum of 40,000-sq. ft. shall be maintained as landscaped public open space within Planning Area #2, exclusive of public space directly associated with a building entry or courtyard. b. Office courtyard(s) and landscaped public space shall be directly accessible by the pedestrian walkway system within Planning Area #2. c. Outdoor areas or shelters should be provided for employee use in close proximity to office building(s) as an integral part of the public open space plan for Planning Area #2. 2. Existing freshwater wetlands along Casino Center Drive shall be preserved as natural open space within the Planned Development District. 3. Decorative paving materials and walking surfaces, and pedestrian amenities, such as seating, lighting bollards, and trash receptacles, shall be used to accent pedestrian spaces at building entrances, courts, plazas and along pedestrian walks. H. Pedestrian Walkways and Internal Site Circulation 1. Parking areas within Planning Area #2 shall be served by a system of landscaped pedestrian walkways interconnecting adjacent building and public open space. 2. Parking areas within Planning Area #2 shall be interconnected allowing vehicular access within the Planning Area and between adjacent Planning Areas. 3. Pedestrian walkways shall be a minimum overall width of fourteen (14 ) feet, including a minimum landscaped area of eight (8 ) feet in width. 4. Walkways between buildings and within parking areas shall be designed and buffered in a manner that encourages their use. Elements such as landscaping, shade and flowering trees, street furniture, public open spaces and plazas shall be included as an integral part of the walkway design. I. Loading Dock and Service Area Screening Page 11 of 21

1. Trash, service, and loading areas shall be located out of public view from Casino Center Drive, and the Expressway as well as other highly used or trafficked areas, such as parking lots and access drives. 2. Refuse collection areas are permitted as exterior storage subject to compliance with the following conditions. a. Refuse collection areas shall be located so as to result in the minimum visual exposure to the Casino Center Drive or the Expressway. b. Refuse collection areas visible from Casino Center Drive or the City of Maryland Heights Expressway shall be screened with a six- (6) foot high decorative wall. c. Screen walls and enclosures shall be constructed of materials that are visually compatible with the architecture of the principal buildings. 3. Buildings should be designed in a manner so that loading docks and service areas are screened either by a building wall or screening element, or integrated into the building design so as not to be noticeably visible by the general public. 4. Screening walls should reflect the same level of architectural design as the primary structure, including elements such as landscaping to soften the wall s appearance, architectural detailing, application of recesses and projections to add visual interest. 5. No loading dock or service bay shall face Casino Center Drive or the City of Maryland Heights Expressway. J. External Generator Controls 1. All external emergency generators shall include sound buffering cabinets or enclosures. 2. Testing of emergency generators shall be scheduled at off-peak hours with the enclosure. 3. The maximum height of the screening enclosure shall be determined by the City Planner. Criteria for heights over eight (8) feet shall include materials, compatible with the principal structure, security, and sound baffling. 4. The operation of any emergency generator shall not exceed a decibel level of 65 db outside of a one hundred- (100) foot radius of the site. IX. DESIGN STANDARDS FOR PLANNING AREA #3 (MVOB DISTRICT): A. Motor Vehicle Oriented Businesses (MVOBs), as defined and regulated in Article 23, Motor Vehicle Oriented Businesses, Section 11-2 of the Zoning Code, may be constructed only within Planning Area #3, subject to the following conditions: 1. The orientation of buildings and structures west of the Expressway shall be toward Casino Center Drive. Page 12 of 21

2. Site Access a. No additional site access is permitted from the Expressway for property having frontage on Casino Center Drive. b. Site access on the Expressway shall be limited to two (2) points for the property east of the Expressway. One of these access drives shall align with the intersection of the Maryland Heights Expressway and Casino Center Drive. 3. The number, size, type and design of all signs within Planning Area #3 shall be subject to the approval of the Planning and Zoning Commission. 4. All uses shall be in a single structure with a unified architectural façade on all four sides. 5. The pump canopy and service island(s) shall be oriented to Casino Center Drive or to the rear of the site. B. The development of the northeast quadrant of Planning Area #3 shall be designed as an integral element of the Planned Development District theme and image, subject to review and approval of the Planning and Zoning Commission in accordance with the criteria set forth within this ordinance. X. LANDSCAPE REQUIREMENTS A. Landscaping Guidelines 1. Unless otherwise provided under this Section, landscape design and species selection shall be used to create visual continuity throughout the Planned Development District. 2. Unless otherwise provided under this Section, landscaped areas shall be combined to form larger clusters at highly visible locations such as landscaped courts, plazas and common areas. 3. Unless otherwise provided under this Section, landscape design should create variety, interest, and framing of building views, and softening of large-scale elements within the Planned Development District. B. Landscape Plans- An amended landscaping plan shall be submitted for the review and approval of the City Planner in conjunction with the any Amended Concept Final Development Plan. Said plan shall be in conformance with the regulations contained herein. Substantial deviations are subject to the review and approval of the Planning Commission. C. Development Thoroughfare (Casino Center Drive) Specific Standards: 1. Casino Center Drive Casino Center Drive, including its intersection with Maryland Heights Expressway and the area around the signs located along it, shall be landscaped as shown in Exhibit D incorporated herein and attached hereto. Substantial deviations shall be subject to the review and approval of the Planning Commission. Page 13 of 21

All landscaping required hereunder will be installed in accordance with the below Phase Schedule. 1. The first Phase, Phase I, of this Schedule is to be substantially completed by December 31, 2011. 2. The second Phase of this Schedule is to be substantially completed by December 31, 2012. 3. The third Phase of this Schedule is to be substantially completed by December 31, 2013. 4. The fourth Phase of this Schedule is to be substantially completed by December 31, 2014. 5. The order in which Phases II, III, and IV are to be completed is left to the discretion of Harrah s, with at least one of the three remaining Phase to be completed each year, with substantial completion of all Phases by December 31, 2014. 6. Phase I will be completed in the first year and prior to December 31, 2011. Harrah s will not begin on a successive Phase until work on the previous Phase is substantially complete. 7. The Phases are described as follows: a. Phase I: Sign Areas & Maryland Heights Expressway Entry/Intersection with Casino Center Drive i. Phase I will include the following: (a) At the base of each leg of the archway over the Casino Center Drive entrance, there will be planted two (2) staggered rows of trees comprised of nine (9) Green Giant Arborvitae trees and one (1) row of five (5) Coral Burst Crab trees. These plantings will be located to provide an open vision cone to the entry sign. (b) At the base of each leg of the archway over the Casino Center Drive entrance, there will also be planted an arrangement of eight (8) Everlow Yew plants, four (4) to five (5) Green Velvet Boxwood plants, and forty-eight (48) Stella D Oro Daylillies. (c) Sign Planting Beds will be planted at five (5) pre-determined points along Casino Center Drive. Each Sign Planting Bed will include six (6) Prairiefire Crab trees, six (6) Backerii Blue Spruce trees, seven (7) Knock Out Rose bushes, twenty-six (26) Hamelin Dwarf Fountain Grass plantings, and forty-six (46) Walkers Low Catmint plantings. (d) Subject to the review and approval of the St. Louis County Department of Highways and Traffic, plantings will be permissible in the public right-of-way of the Maryland Heights Expressway. Page 14 of 21

ii. iii. The design of Phase I shall be in conformance with Exhibit D of the Harrah's Planned District Ordinance. Substantial deviations shall be subject to the review and approval of the Planning Commission. As of March 3, 2011, some the Phase 1 planting is already in place. To the extent the existing plantings in and around the sign areas and Maryland Heights Expressway Entry can be incorporated into Phase I, they will be. b. Phase II: Development Thoroughfare Edge Treatment i. Phase II will include the following: (a) The Development Thoroughfare, which extends to 25 feet on either side of Casino Center Drive, will be planted with one hundred and seven (107) October Glory Red Maple trees and seventy-one (71) Legacy Sugar Maple trees, placed in boulevard formation along both edges. These plantings will be planted a minimum of fifteen (15) feet from the curb, spaced a minimum of forty (40) feet apart. (b) The pattern of these trees may be broken for driveway and the landscaping associated with Sign Planting Beds required under Phase I, above. (c) These plantings are intended to compliment the surrounding wetland areas, and to provide visual separation between Casino Center Drive and the agricultural use of the land abutting it to the east/northeast. ii. The design of Phase II shall be in conformance with Exhibit D of the Harrah's Planned District Ordinance. Substantial deviations shall be subject to the review and approval of the Planning Commission. c. Phase III: Parkway Median Strip, Part 1 i. Phase III will include the following: (a) Each median strip along Casino Center Drive shall have linear planting with a determinate amount of Green Vase Zelkova trees, with a total of sixty-nine (69) along the entire drive. (b) The Green Vase Zelkova trees will be planted twenty-five (25) feet apart along the median centerline. They will be planted in groups of three (3) to five (5), with the remaining area on the median strips to be filled in with Sugartyme Crab trees, required in Phase IV, below. (c) The Green Vase Zelkova trees will be underplanted with Arrowwood Viburnum bushes at the rate of one (1) per five (5) linear feet of median. Page 15 of 21

ii. iii. Subject to the review and approval of the City Planner, median strip plantings may be modified to create sight triangles for the safe use of the road and turning lanes, or to allow appropriate sight lines to visual features and signage in the District. The design of Phase III shall be in conformance with Exhibit D of the Harrah's Planned District Ordinance. Substantial deviations shall be subject to the review and approval of the Planning Commission d. Phase IV: Parkway Median Strip, Part 2 i. Phase IV will include the following: (a) Each median strip along Casino Center Drive shall have linear planting with a determinate amount of Sugartyme Crab trees, with a total of sixty (60) along the entire drive. (b) The Sugartyme Crab trees will be planted fifteen (15) feet apart along the median centerline. They will be planted in groups of three (3) to five (5), with the remaining area on the median strips to be filled in with Green Vase Zelkova trees, required in Phase III, above. (c) The Sugartyme Crab trees will be underplanted with Neon Flash Spiraea staggered at the rate of eight (8) per fifteen (15) linear feet of median. ii. iii. Subject to the review and approval of the City Planner, median strip plantings may be modified to create sight triangles for the safe use of the road and turning lanes, or to allow appropriate sight lines to visual features and signage in the District. The design of Phase IV shall be in conformance with Exhibit D of the Harrah's Planned District Ordinance. Substantial deviations shall be subject to the review and approval of the Planning Commission. 4. Casino Hotel Landscaping Standards: All plantings within Planning Area #1 shall conform to the following guidelines: 2. Casino/Hotel Parking Lot Entry a. At the intersection of the Drive and the casino/hotel parking lot, a secondary entry statement occurs. Plantings there will include two (2) rows of Evergreen Conifers. These triangular spaced trees will be 10 on center to form an Evergreen backdrop. b. The under plantings will be Evergreen Shrubs, spaced 3 on center. c. The major corridors in the parking areas will have a single row of Deciduous Trees. Under plantings in these planters will be Evergreen shrubs planted at 3 on center. Page 16 of 21

3. Casino, Hotel and Garage a. Evergreen Conifers interspersed with Ornamental Deciduous Trees will be planted on both sides of the Entry Boulevard adjacent to the casino, hotel, and garage buildings to create a continuous screen of plant material. b. Evergreen trees in Planning Area #1 shall be spaced 30 on center. c. Deciduous trees in Planning Area #1 will be planted at 60 on center. d. At the porte cochere, planters will be placed on both side of the Casino/Hotel entry, with three (3) to five (5) Deciduous Trees in each planter. e. Under plantings in these areas will be Turf and Ground Covers. 4. New Developments - New developments in Planning Areas 2 or 3 shall be landscaped in accordance with Article 16, Landscaping Design Standards, of the Zoning Code. D. Turf & Groundcover: All undeveloped and unmulched portions of building sites, parking lots and road right-of-ways will be sodded and seeded with turf grass or native grasses that are hardy in USDA Zones 5 and 6. E. Tree Preservation Except as otherwise necessary to accommodate the landscaping required under this Section, existing natural vegetation shall be preserved in accordance with Section 25-16.6, Tree Preservation, of the Zoning Code. F. Planting Materials Minimum plant material size requirements shall be as set forth in Section 25-16.16.C, Plant Materials, of the Zoning Code. G. Grading - All grading for landscaped areas will not exceed a slope greater that 3:1. All exposed slopes will be protected from erosion as needed. H. Maintenance - The landscape of all undeveloped and developed property will be properly maintained in a sightly and well-kept manner. 1. All plant materials shall receive proper fertilizer applications to ensure vigorous and healthy growth. 2. All plant materials will receive proper chemical applications to ensure they are kept reasonably free of pests and/or diseases. All chemicals and applications will be consistent with the Missouri Pesticide Use Act. 3. All lawn areas and planting beds will receive pre-emergent and post-emergent chemical applications to prevent noxious weeds. All chemical applications will be consistent with the Missouri Pesticide Use Act. 4. Replanting and replacement of existing plant materials will be executed on an annual basis as needed. Page 17 of 21

5. All lawn areas will be maintained with horticulturally acceptable mowing heights. All non-lawn, non-crop areas shall be maintained at a maximum height of 18 inches. Mowing frequency will be as needed. XI. CONDITIONS RELATED TO SPECIFIC USES In addition to all other requirements of this Ordinance and the Zoning Code, conditions related to specific uses shall be as follows: A. Festivals and Outdoor Events - Special events, as defined and regulated in Section 14-309 of the Municipal Code, shall be permitted within the parking and common areas of Planning Area #1 1. Said events shall be limited to a maximum of fifteen (15) per year and shall be so scheduled as to not conflict with scheduled Riverport Amphitheater events. 2. Off-street parking shall be inclusive of that required for the Planned Development District. 3. No additional signage shall be allowed except to identify the event or products sold on the premises. Upon the conclusion of an event, all such signage shall be removed. B. Outdoor Sculptures; Artistic Structures/Constructions - The Developer may install outdoor sculptures or other artistic structures or constructions within the Planned Development District, in accordance with the following: 1. Said objects shall be subject to the approval of the Planning and Zoning Commission. 2. Said objects shall be constructed in accordance with all applicable codes. 3. Said objects shall be compatible with the lighting standards imposed by this Ordinance. 4. Said objects shall be located in such a way as to not constitute a traffic hazard, subject to the review of the City Engineer. 5. Said objects shall contain no advertising. C. Oilseed and Grain Farming - Crop farming activities within this Planned District shall be limited as follows: 1. Crop farming activities shall be permitted as an interim use prior to further development within this Planned District. 2. Crop farming activities shall be limited to the areas depicted on the an Amended Concept Final Development Plan. a. The Amended Final Development Plan shall be submitted for the review and approval of the City Planner within sixty (60) days of the adoption of this ordinance. Page 18 of 21

b. The Amended Final Development Plan shall also include the amended landscaping plan required by Section X, Landscape Requirements, of this ordinance. c. Upon approval by the City Planner, the Amended Final Development Plan shall be recorded in accordance with Section 25-6.11, Recording, of the Zoning Code. 3. Crop farming activities shall be setback a minimum distance of forty (40) feet from the Casino Center Drive edge of pavement. 4. The appropriateness of crop farming activities as an interim use shall be evaluated by the City on a bi-annual basis. The property owner Harrah's shall submit a report to the City Planner including the following: a. Nature and extent of the crops grown over the past two (2) years. b. Estimated savings (both monetary and environmental) due to crop farming as compared to turf maintenance for the areas farmed. c. Update on the status of further development within this Planned District. D. Agricultural Related Activities - Such activities within this Planned District shall be limited to the gardening of herbs, fruits, and vegetables. E. Outdoor Storage of Semi-Trailers Such activities within this District shall be limited as follows: 1. Outdoor storage of semi-trailers shall be permitted in the southeastern parking area on an annual basis from September 1 through January 15. 2. A temporary office trailer shall be permitted in conjunction with the trailer storage, during this same period, subject to a construction trailer permit. 3. Temporary directional signage within the District may be permitted for this use, subject to the review and approval of the City Planner. 4. A circulation plan shall be established to minimize potential conflicts between automobiles and semi-trucks. 5. Any damage to the parking lot or other site improvements shall be repaired in accordance with the Property Maintenance Code. XII. PUBLIC IMPROVEMENTS The Developer shall not breach the agreement reached with the Howard Bend Levee District for sharing in the cost of constructing, upgrading, and maintaining the Howard Bend Levee. XIII. MISCELLANEOUS REQUIREMENTS Miscellaneous conditions are as follows: Page 19 of 21