Gunter officials say executed BNSF development agreement narrows industrial uses, adds buffers and pauses litigation

GUNTER, Texas — City officials said they have executed a development agreement with BNSF Railway that they negotiated to reduce heavy-industrial permissions near residences, add a large buffer and temporarily pause a lawsuit while remaining land-use steps — platting, zoning and voluntary annexation — move through city and county processes.

City Attorney Courtney told attendees the development agreement covers only the form and design of the project and does not change zoning or substitute for required plats. “The development agreement simply agrees on what the development is gonna look like. It doesn't change the zoning,” Courtney said, noting the legal filings remain in place while parties pause discovery under a Rule 11 filing.

The agreement follows an earlier, broader May 2023 pact that officials said allowed 950 acres of M‑2 (heavy industrial) uses with no protections; that document was passed unanimously 4–0 at the time, a council member said. Mayor (name not specified) and other elected officials described months of renewed negotiations after the city and BNSF returned to the table in late 2023 and into 2024, and said the city and the railroad made multiple concessions before executing the January 2025 agreement.

What the agreement changes

Officials described several concrete, negotiated changes that they said narrow operations closest to homes and add protections residents requested. Among the items officials cited: - A setback/buffer of about 820 feet between industrial areas and any home or residential parcel where the development touches city land; earlier proposals included much smaller buffers (for example, 5 feet in the May 2023 agreement). The mayor said the larger buffer was a major change residents welcome. - An 8‑foot masonry perimeter fence around portions of the site that city land will…