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 A proposal to build a car wash was withdrawn a couple years back.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.

Tossed from the saddle: RaceTrac's battle to build a gas station and convenience store at Georgia Civil War cavalry site loses second round at planning commission

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

Concerns about gas vapors and traffic once again led a suburban Atlanta planning commission to vote against RaceTrac’s effort to build a 24/7 station and convenience store on two acres that until last year contained a home caught up in Civil War cavalry clashes.

The Cobb County Planning Commission voted 3-2 to back rezoning of the property at Bells Ferry Road and Ernest Barrett Parkway, but stipulations would not allow alcohol and fuel sales. The Robert and Eliza McAfee home, built 20 years before the 1864 Atlanta Campaign, had been empty for years.

Nearly 30 people in opposition attended Tuesday’s meeting, arguing the project should not be permitted so close to an elementary school and day-care center.

The final say rests with the county’s top elected body.

“We do intend to move forward to the Board of Commissioners at their May 19th Zoning Hearing and seek approval of the rezoning application,” RaceTrac and property owner attorney Kevin Moore told the Picket in an email shortly after the hearing. (Picket photo, left)

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 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 left, a map showing troop positions in June-July 1864; note McAfee House, Library of Congress)

Because the owner of the property never sought historic an historic designation or protection and Cobb County declined to purchase the property, it’s 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.

Planning Commissioner Fred Beloin cited articles about the risks of vapors, including benzene, a carcinogen. The distance between the RaceTrac property line and Bells Ferry Elementary, across the street, would be less than 200 feet. While the U.S. Environmental Protection Agency suggests 1,000 feet, and some Georgia counties have rules for about a 500 to 600-foot buffer, officials said, Cobb County does not have such requirements.

“It has been pointed out that we don’t have a strict rule but we also don’t have a strict rule that we are supposed to put stick our head in the sand and act like ostriches,” said Beloin.

The McAfee site at left and elementary school across Bells Ferry Road (Picket photo)

Moore said RaceTrac has agreed to add a right-turn lane and raised medians to address worries about increased and unsafe traffic. And, the lawyer argued, RaceTrac has systems that would limit vapors from the 16 pumps and fuel storage areas.

Businesses around the site offer some of the same products RaceTrac would feature, he said, arguing the station is compatible and a benefit for the area.

To deny the property the same level of commercial use as others nearby “is rendering this property the sacrificial buffer for this intersection. That does not comport with the laws and rules of planning and zoning,” Moore told the planning panel.

Site was used in 1864 as cavalry HQ and hospital

The Planning Commission in October recommended rezoning the property, but added conditions that would not allow gasoline sales. (The planning staff had recommended approval of the project.)

The company last November withdrew its rezoning bid. But the Board of Commissioners voted to allow RaceTrac to reapply. RaceTrac’s bid has not changed substantially since that meeting.

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

Planning commissioner Sara Micheletto on Tuesday urged approval, with several stipulations, but the majority voted to again reject the project. The real estate agent for the property owner had no comment Tuesday.

The McAfee dwelling dated to the 1840s, and the sprawling farm was a fixture in the Noonday Creek area. 

It served a few weeks in June and early July 1864 as the headquarters for Brig. Gen. Kenner Garrard (left) and his three brigades. 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. 

Federal troopers clashed almost daily near Noonday Creek with Confederates led by Maj. Gen. Joseph Wheeler. 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.

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

Work continues at home's new home in Ball Ground

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

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

Cobb Landmarks 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 and have been working since on its foundation. The couple says they expect the house to either rented as a residence or an Airbnb-style arrangement.

The Civil War Picket visited Ball Ground a couple weeks ago. Retaining walls have been added and a protective material placed around bricks. Work inside has not yet begun as crews work to complete the home's foundation and substructure.

The front of the McAfee home in Ball Ground in April 2026 (Picket photo)

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 until recently 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 Nov. 18 and make the final decision (the case was originally supposed to be heard Oct. 21).

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 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 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 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 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.”