Cary’s Waverly Place rezoned for taller and denser development as crowd boos
The firm behind the Fenton development in Cary will be able to renovate part of another of the town’s malls.
The Cary Town Council unanimously agreed Thursday night to rezone a portion of Waverly Place to allow up to seven-story buildings for 750 apartments, 30,000 square feet of new commercial space and a parking garage.
The project will replace two parking lots and the CMX CinéBistro movie theater at the outdoor shopping center.
The vote came over the objections of some nearby residents, at one point forcing the meeting to briefly stop after a council member was booed and interrupted.
Council member Jack Smith, who represents the southern part of Cary, was in the middle of sharing advice about rezoning cases that he had received from former Cary Mayor Koka Booth.
“He said, ‘Jack, if you are ever thinking of [running for] more than one term, you’ve always got to keep that greater good in mind,’” Smith said. “And, he said, ‘If you give in to a squeaky wheel or a one-dimensional perspective ...’”
People in the audience began to boo, prompting Mayor Harold Weinbrecht to admonish the crowd.
“Please, this is a business meeting,” he said. “Show some respect.”
Smith continued, saying he believed the Waverly Place project’s proposed height fit the surrounding area, when he was booed again.
“Ladies and gentlemen, I’m going to ask you very kindly,” Weinbrecht said. “Do not make remarks from your seats or anything else that will disturb us. If we do this again, I’ll have to adjourn. And if we do it again, we’ll do it without an audience. Please, don’t make me go there. I’ve never had to do that in all 17 years I’ve been mayor. Please, I beg you ...”
“You’re all an embarrassment,” a man interrupted from the crowd.
“Council will take a five-minute recess,” Weinbrecht said, softly banging the gavel.
Waverly Place redevelopment
Waverly Place opened in 1988, anchored by Whole Foods with a playground, fountain and a lawn for concerts and other events. Houston-based Hines bought it for $88 million in 2022.
The 22.5-acre property sits at the intersection of Tryon and Kildaire Farm roads, across from the WakeMed Cary Hospital. Only 7.75 acres was rezoned, making up two parking lots and the movie theater.
The developers could have built up to seven stories of commercial space without a rezoning, but it wasn’t what’s best for the shopping center, said Paul Zarian, who oversees North Carolina development for Hines.
“Residential provides the best of all worlds,” he said. “It’s a welcome source of business for our retailers allowing them to continue to serve the community. It allows us to attract the next generation of retailers and restaurants, making Waverly even better. It helps chip away at our region’s housing crisis, and it does so in a format that promotes walkability that doesn’t require developing forests or farmland.”
The developers agreed to several conditions, requiring:
- 10 units for rent at 80% of the area media income for 30 years
- 10% of the units limited to no larger than 750 square feet
- A rooftop amenity area
- Green stormwater infrastructure
- Improved and new turning lanes into the shopping center
Critics of the project were primarily concerned about traffic, stormwater and the height of the buildings.
“It’s more than just inconvenience,” said Marie Martin, who lives on Kildaire Farm Road. “It’s a real disruption to the daily lives of residents who depend on this area being safe and manageable.”
The proposed density is appropriate for downtown Cary or where the Fenton is, but not for this southern area of Cary, she said.
This story was originally published May 23, 2025 at 8:40 AM.
