RaceTrac loses its bid to build a 24/7 gas station at an Atlanta-area site where a Civil War house stood, cavalry clashed. Proximity to school, day care led to defeat

The sturdy home was cut into six pieces before its move in spring 2025 (Civil War Picket photo)

A two-acre parcel caught up in Civil War cavalry clashes northwest of Atlanta is destined to house some kind of business. But a proposed 24/7 RaceTrac gas station and convenience store that would have been built right across from an elementary school appear to be out of the running -- at least for now.

With very little discussion – unlike other hearings related to the controversial proposal – the Cobb County Board of Commissioners voted 5-0 on Tuesday morning to rebuff RaceTrac. The tally was followed by applause from opponents.

The Robert and Eliza McAfee home, built 20 years before the Atlanta Campaign, had been empty for years.

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 – last spring was moved to Ball Ground, adjoining Cherokee County after a long effort to save it from destruction.

It stood at the corner of Bells Ferry Road and Ernest Barrett Parkway. (At right, a map showing troop positions in June-July 1864; note McAfee House, Library of Congress)

Because the owner of the property never sought an historic designation or protection, and Cobb County declined to purchase the property, it is inevitable some kind of commercial development will come to the site. 

Neighbors suggest medical buildings or businesses that would generate less traffic than a gas station. A proposal to build a car wash was withdrawn a couple years back.

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

RaceTrac and opponents on Tuesday repeated their arguments pitched over the past year at various meetings.

The latter have cited concerns about traffic, crime and gas vapors affecting Bells Ferry Elementary just across the street and a nearby KinderCare. The Bells Ferry Civic Association showed a map Tuesday (below) highlighting the proximity of a station to both places. A playground for the elementary school is within a few hundred feet.

RaceTrac – which intended to apply for alcohol sales -- said very little harmful benzene will escape from the 16 pumps and storage tanks. Neighbors claimed the potential health risks are too high.

Kevin Moore, attorney for the company and property owners, said the station would not contribute significantly to traffic congestion at Bells Ferry Road and Ernest Barrett Parkway. RaceTrac was willing to add a full right turn lane at the corner.

“RaceTrac is a proven community partner and supporter/partner of local schools,” it argued. The county's planning staff had endorsed the project.

But more than two dozen people who attended the hearing saying this particular parcel would not overcome concerns about air quality and young children being exposed to gas fumes.

The Cobb County Planning Commission earlier this month voted 3-2 to back rezoning of the property, but added stipulations that would not allow alcohol and fuel sales.

RaceTrac had previously approached the Board of Commissioners -- which has the final say -- but withdrew it before consideration. Tuesday, the consideration did not take long before the 5-0 vote.

Work last month on the McAfee house at its new home in Cherokee County, Ga. (Civil War Picket photo)

A couple commissioners lamented the lack of guidelines or rules in the county for the location of gas stations near schools. Moore pointed out dozens of stations in Cobb County are not far from schools.

The Civil War Picket reached out to Moore and Erick Allen, the district county commissioner for the neighborhood, for comment, but had not received a response as of Wednesday evening.

Officials said the decision effectively ends the case, unless RaceTrac decides to bring a lawsuit.

The property owner donated the land to Cobb Landmarks, which for years had tried to find a home for the house. Cobb Landmarks then sold it 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 former home in Ball Ground and have been working since on its foundation. The couple says they expect the house to either be rented as a residence or an Airbnb-style arrangement.