RaceTrac loses one battle but hopes to win the war in its bid to build a 24/7 gas station at Atlanta-area site where Civil War house stood, cavalry clashed

The sturdy home was cut into six pieces before its move (Civil War Picket photo)

RaceTrac’s desire to build a gas station and convenience store on a piece of North Georgia property that once contained a home caught up in Civil War cavalry clashes suffered a significant setback this week.

The Cobb County Planning Commission in suburban Atlanta voted Tuesday to recommend rezoning the former Robert and Eliza McAfee property but added conditions that would not allow gasoline sales.

The 4-1 vote is not the final say. The Cobb County Board of Commissioners will take up the matter on Oct. 21 and make the final decision.

The planning commission vote – following spirited discussion -- backs a change to the requested Neighborhood Retail Commercial (NRC) zoning. But it would prohibit fuel sales, drive-throughs and alcohol, tobacco and vape sales at the site.

“This recommendation would not permit a RaceTrac at this location,” said attorney Kevin Moore, who represents RaceTrac and the property owner, in an email to the Civil War Picket following the vote.

“At this point, the application proceeds to the Board of Commissioners for their full consideration and final vote.”

Commercial development in area; day care above house site, elementary school to its right

John Pederson, the county’s zoning division manager, said if the county commission follows the planning commission’s lead, small retail, offices or a restaurant would be permitted.

The planning commission recommendation is at least a short-term victory for the Bells Ferry Civic Association -- made up of area residents -- which opposes the proposed RaceTrac location at Bells Ferry Road and Ernest Barrett Parkway.

The home -- which briefly served as the headquarters for a Union general and was in the middle of cavalry movements and clashes in summer 1864 – this spring was moved to adjoining Cherokee County after a long effort to save it from destruction. 

The McAfee House dated to the 1840s, and the sprawling farm was a fixture in the Noonday Creek area. The property owner wants to sell the remaining two acres to RaceTrac.

RaceTrac argued a 24/7 store at the busy corner was appropriate and compatible with commercial development nearby. Opponents raised a list of concerns, from traffic congestion and storm water runoff to the possible impact of alcohol sales and gas vapors on a nearby elementary school and day care center.

The planning commission’s stipulations came despite an endorsement of the project by county planning staff and a traffic study that found the large gas station acceptable if measures were taken to mitigate congestion.(At right, the house in the 1940s; Digital Library of Georgia)

RaceTrac this summer held a public meeting with neighborhoods concerned about the plan. Erick Allen, the Cobb County commissioner who represents the area, was among those attending.

After this week’s vote, Allen said he will take neighborhood comments into account when the project is taken up by the county commission.

“Based on the action take on yesterday I would assume that even if the proposed development does not move forward you would want the same stipulations of any development that would occur on this historic site,” he told the Picket in an email Wednesday.

If station is built, an archaeological survey first

Although observers were pleased the McAfee House was not destroyed, many decried Cobb County's loss of history with its move to an adjoining county.

The nonprofit Cobb Landmarks, the Bells Ferry Civic Association and the county’s historic preservation staff all recommend an archaeological survey of the site if the rezoning is ultimately approved.

Any artifacts discovered during the survey should be donated to an appropriate museum, the preservation staff recommends. RaceTrac has has vowed to comply with any county requirements about safeguarding artifacts.

The McAfee House served a few weeks in June and early July 1864 as the headquarters for Brig. Gen. Kenner Garrard and his three brigades during the Atlanta Campaign.

After the seizure of Big Shanty (Kennesaw) by Federal forces on June 9, Garrard’s cavalry division was posted on the left flank during operations on the Kennesaw Mountain front. 

The Federal troopers clashed almost daily near Noonday Creek with Confederates led by Maj. Gen. Joseph Wheeler. (At left, a map showing troop positions in June-July 1864; note McAfee House / Library of Congress)

The McAfee farm was believed to have been occupied by Confederates, too, during the action around Kennesaw Mountain. The house is said to have been used as a field hospital.

Sturdy residence was moved to adjoining county

The house itself had no designated historic protection because the owners did not seek it, according to Cobb County officials, and is not on the National Register of Historic Places.

The owner has tried for years to sell the two acres for commercial development. A real estate agent representing the seller did not reply to a Picket request for comment.

The Robert and Eliza McAfee House before its move (Cobb Landmarks)

Cobb Landmarks had worked to find someone to move the home, including when a car wash was proposed. That idea was eventually withdrawn.

The house was empty for several years, and preservationists worried it would fall to the wrecking ball. Eventually, the owner donated the house to Cobb Landmarks so it could find someone to move it before a development could be built at the intersection.

Cobb Landmarks earlier this year sold the house for $1 to entrepreneurs Lee and Brittani Lusk, with the main requirement it be moved and restored. The couple moved the sturdy residence to near their home in Ball Ground. Setting a foundation for the structure has proved a challenge, but brick masons are at work around the home as part of that effort, Brittani Lusk said this week.

The Lusks are still deciding on the house’s future use.

Cases for and against service station at corner

Tuesday morning’s hearing began with remarks by Moore, who argued a RaceTrac at the corner is consistent with land use plans and is in an area already full of commercial businesses. He said the company agreed to move the station’s convenience store away from the elementary school.

McAfee House in Ball Ground a couple months after its move (Civil War Picket photo)

Moore reiterated the company would adequately control gas fumes and storm water runoff. He said the station would employ strong security measures. Further, Moore said, a deceleration lane and new turning lanes would mitigate impact on traffic.

RaceTrac, headquartered in Cobb County, would partner with Bells Ferry Elementary School, the attorney told the planning commission.

 “RaceTrac’s DNA is to support and be impactful in a positive way in their community,” said Moore.

Cherie Beasley, who lives in the Piedmont Hills subdivision, told the planning commission said increased traffic from the station would bring “massive congestion” at the intersection.

Another speaker with the Bells Ferry Civic Association said the group is not against commercial development but favors a business that has less impact than a gas station and is compatible with nearby businesses, including a Barnes & Noble and Hallmark store. He reiterated neighborhood concerns about public safety.

Commissioners call lot a 'challenged location'

Following the comments section, the planning commissioners discussed concerns about the proximity of the station to the school (About 100-150 feet from the playground) -- from both a traffic perspective and possible impact on health and environment. (Rezoning notice posted after house move, Picket photo)

Travis McComb with the Cobb County School District said further congestion would hinder access to and from the elementary school. Moore countered, saying the favorable traffic study took all factors into account.

Commissioner David Anderson said he wished the county was more explicit in its code regarding the proximity of gas stations to schools and day cares. “I do see this site as having a lot of conflicts in terms of uses,” he said. “It is just a challenged location in the traffic interactions.”

Fuel sales, Commissioner Fred Beloin said, are not good near schools.

A famous song by the Beatles came up shortly before the vote. Beloin cited “Hey Jude,” saying a gas station would make for the opposite of the song’s intention.

The result, Beloin said, is to “make a bad road and make it far, far worse.”